NTC-27627 – Declaration of Security Controlled Airport and Establishment of Airside Area – Busselton Margaret River Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Australian Parliament to provide for the security of civil aviation and to facilitate a coordinated national approach to aviation security. This legislation was introduced to address the problem of ensuring that aviation transport within, to, from, or over Australia is adequately protected against acts of unlawful interference. The Act plays a crucial role in maintaining the safety and security of the Australian public by establishing a robust framework for the regulation of aviation security measures. The policy objective of the Act is to safeguard aviation transport through the establishment of security protocols and controlled areas, ensuring that potential threats are mitigated effectively. Under the authority granted by the Act, the Secretary of the Department of Home Affairs, through a delegate, can declare an airport as a security controlled airport and establish an airside area. This process involves publishing a notice in the Commonwealth of Australia Gazette. Recently, a notice was issued to revoke a previous declaration concerning the Busselton Margaret River Airport, re-declaring it as a security controlled airport and establishing its airside area, as illustrated in the attached maps. This action is in line with the Act’s provisions to dynamically adapt security measures to the evolving security landscape, ensuring that all designated airports meet the necessary security standards to protect against unlawful interference.

Scope and Application

The Aviation Transport Security Act 2004 applies to any person or entity involved in the operation of airports and aircraft, including airlines, airport operators, and aviation security personnel. The Act aims to ensure the security of aviation transport, particularly focusing on the prevention of acts of unlawful interference with civil aircraft and the protection of security controlled airports. It extends its reach across the Commonwealth of Australia and applies to all airports designated as security controlled under the Act, including Busselton Margaret River Airport as declared in this recent gazette notice. The Act includes provisions that allow for the establishment of airside areas, which are critical zones within an airport where access is restricted to authorised personnel to mitigate security risks. Exclusions and exemptions from the Act may exist for certain low-risk operations or small airports, but Busselton Margaret River Airport has now been classified as a security controlled airport, subjecting it to the full scope of the Act's security requirements. The Act's application can be further extended or modified through subordinate instruments, such as regulations and orders, which provide detailed implementation guidelines and additional security measures.

Key Provisions

The main operative sections of this Notice under the Aviation Transport Security Act 2004 are sections 28 and 29. Section 28(2) allows a delegate of the Secretary of the Department of Home Affairs to declare an airport as a security controlled airport, as well as to revoke such a declaration. Section 29, on the other hand, empowers the delegate to establish an airside area for a security controlled airport. This Notice revokes the previous declaration of Busselton Margaret River Airport as a security controlled airport (NTC-24438) and re-declares it with new boundaries and an airside area, as indicated on the attached maps. This Act imposes specific obligations on the parties involved. Firstly, the delegate of the Secretary of the Department of Home Affairs is tasked with the responsibility of ensuring that the security requirements of the aviation transport system are met. This includes the declaration and management of security controlled airports and the establishment of airside areas. Secondly, the airport operators must comply with the security measures and regulations specified under the Act to maintain the security status of the airport. The Act provides for various offences, penalties, and consequences for breaches. Section 22 of the Act outlines the criminal offences related to aviation security, which can include significant fines and imprisonment. For example, section 22(1) provides that a person who contravenes a direction under the Act can be fined up to 5,000 penalty units or imprisoned for up to five years, or both. The Act also includes provisions for civil penalties, which can be enforced through the Federal Court of Australia. These penalties can include fines of up to 10,000 penalty units for corporations and 1,000 penalty units for individuals, reflecting the severity of non-compliance with aviation security regulations. The Notice itself, while not directly imposing penalties, serves as a critical component in the enforcement of the Act. By revoking and re-declaring the security status of Busselton Margaret River Airport, it ensures that the airport adheres to the necessary security protocols. Any failure to comply with the provisions of the Act, as enforced through this Notice, could lead to the aforementioned penalties. The attached maps, forming part of this Notice, are essential in delineating the boundaries and airside areas, ensuring clarity and legal enforceability.