NTC-28207 – Declaration of Security Controlled Airport and Establishment of Airside Area – Canberra Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures within Australia's aviation sector, aiming to protect passengers, aircraft, and airport infrastructure from terrorist threats and other security risks. This Act was introduced by the Parliament of Australia, with the policy objective of enhancing the security of the aviation transport system in Australia, thereby contributing to the overall safety and security of the nation. This particular notice, published in the Gazette on 27 March 2025, pertains to the revocation of a previous declaration concerning Canberra Airport as a security controlled airport and the re-establishment of its boundaries and airside area. The notice, issued by a Delegate of the Secretary of the Department of Home Affairs, effectively updates the legal framework governing aviation security at Canberra Airport, ensuring that the measures in place continue to meet current security standards and requirements.

Scope and Application

The Aviation Transport Security Act 2004 applies to persons and entities involved in the operation of security controlled airports, encompassing all industries and conduct associated with aviation transport security. This includes airlines, airports, and other entities that provide services to aircraft. The Act has national jurisdictional reach, operating throughout the Commonwealth of Australia and applying to all security controlled airports. Notably, the Act does not specify exclusions, exemptions, or thresholds; however, it does allow for the establishment of security controlled airports and airside areas through subordinate instruments. The Act's application is thus extended and refined through such instruments, ensuring detailed and specific regulations can be implemented without the need for amendments to the principal legislation. This Notice, revoking the previous declaration and establishing new boundaries for Canberra Airport, exemplifies how the Act's provisions can be adapted to changing security requirements.

Key Provisions

The main operative sections of this Notice (NTC-28207) involve the revocation of a prior declaration (NTC-26348) that designated Canberra Airport as a security controlled airport, as per subsection 28(2) of the Aviation Transport Security Act 2004 (the Act). This revocation is followed by a new declaration, also under the authority of the Act, that Canberra Airport is now a security controlled airport. Additionally, this Notice establishes an airside area for Canberra Airport, as outlined in section 29 of the Act. The boundaries of both the airport and the airside area are specified in maps attached to the Notice, which are considered part of the official document. This Notice is effective from the date of its publication in the Gazette (27/03/2025). Under the Act, certain obligations and requirements are imposed on the parties and entities governed by this Notice. These include compliance with the security protocols and regulations applicable to a security controlled airport. The establishment of the airside area means that strict access controls and security measures must be enforced within this designated zone, ensuring the protection of aircraft, passengers, and airport operations. The Notice mandates that all individuals and entities operating within or near the airside area adhere to these security requirements, which are designed to prevent unauthorised access and mitigate potential security risks. Breaches of the obligations and requirements set forth in this Notice can lead to various offences and consequences. Under the Act, violations of security protocols at a security controlled airport may result in both civil and criminal penalties. The Act provides for fines and imprisonment, with the maximum penalties varying depending on the nature and severity of the offence. For instance, unauthorised entry into the airside area can lead to significant fines, and in more severe cases, imprisonment. The Act also allows for the imposition of administrative penalties for non-compliance with security regulations, which can include substantial financial penalties. These provisions are designed to ensure that the security measures in place are strictly adhered to, thereby maintaining the integrity and safety of the aviation transport system.