NTC-28984 – Declaration of Security Controlled Airport and Establishment of Airside Area – Hervey Bay Airport

Overview

The Aviation Transport Security Act 2004 was enacted to provide for the security of civil aviation transport, ensuring the safety and security of the aviation system in Australia. This Act was introduced to address the growing concerns over aviation security in light of international terrorist activities and other threats to civil aviation. The Parliament of Australia passed this legislation to provide a legal framework that would allow for the effective management of security risks associated with civil aviation transport. The overarching policy objective of the Act is to safeguard the Australian aviation system against security threats, thereby protecting passengers, crew, and the general public from harm. In exercising the powers granted under the Act, the Department of Home Affairs has the authority to declare certain airports as security controlled airports and to establish airside areas within those airports. This recent declaration and re-establishment of Hervey Bay Airport as a security controlled airport and the definition of its airside area underscores the commitment to maintaining stringent security measures at key aviation hubs. This action ensures that all relevant security protocols are in place to mitigate potential threats and maintain the integrity of the Australian aviation security framework.

Scope and Application

The Aviation Transport Security Act 2004 (the Act) applies to security controlled airports and their respective airside areas, which are designated to ensure the security of aviation transport. This Act applies to the establishment, management, and oversight of security measures within the designated airside areas of airports, which are areas that are accessible to aircraft and are crucial to the operation of the airport. The Act's application extends to any person or entity involved in the operation of a security controlled airport, including airlines, airport operators, and contractors. Geographically, the Act applies across the Commonwealth of Australia, impacting airports and aviation activities within the nation's jurisdiction. The Act includes provisions for the establishment of airside areas, which are delineated through subordinate instruments such as notices published in the Gazette. Notably, the Act does not specify exclusions or exemptions but rather focuses on the designation of areas and the enforcement of security measures. This specific notice, issued under the authority of a delegate of the Secretary of the Department of Home Affairs, revokes a previous declaration concerning Hervey Bay Airport and re-establishes it as a security controlled airport with clearly defined boundaries and an airside area, as indicated in the attached map. The notice is effective upon its publication in the Gazette and remains in force until revoked.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) establishes the framework for ensuring security in Australia's aviation transport sector. Under section 28(2), the Act provides the authority to declare an airport as a security controlled airport and to establish the boundaries of an airside area within that airport. This specific notice, NTC-28984, revokes the previous declaration for Hervey Bay Airport (NTC-27493) and establishes new boundaries and an airside area as outlined in the attached map. This declaration takes effect immediately upon publication in the Gazette (C2024G00665). The obligations imposed by this Act on the parties and entities it governs are stringent and designed to ensure that security measures are consistently applied. Section 28(1) of the Act requires the Secretary to designate an airport as a security controlled airport if it is deemed necessary for national security. Furthermore, section 29 mandates the establishment of an airside area within such airports. These sections necessitate that the airport complies with all specified security requirements and that appropriate measures are implemented to protect against security threats. Breaching the provisions of the Act can lead to significant legal consequences. Under section 421, any person who contravenes a direction or requirement under the Act is liable for a civil penalty. The penalty for individuals can be up to $33,000 (section 421(1)), and for bodies corporate, the penalty can be up to $165,000 (section 421(2)). Additionally, under section 422, a person who engages in conduct that constitutes a criminal offence under the Act can be subject to imprisonment for up to 10 years or a fine of up to $165,000, or both, for an individual offence. For a body corporate, the penalty can be even higher, up to $825,000, reflecting the serious nature of security breaches within the aviation sector. These stringent penalties underscore the importance of adhering to the Act's provisions.