NTC-29261 – Declaration of Security Controlled Airport and Establishment of Airside Area – Learmonth Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the critical need for stringent security measures at airports to protect against potential threats to aviation safety and security. This legislation, enacted by the Australian Parliament, establishes the framework for security controls and regulations at airports, ensuring they meet international standards and safeguard the nation's aviation infrastructure. The policy objective of the Act is to enhance the security of air transport within Australia by providing for the control and regulation of security measures at airports, particularly in relation to the protection of aircraft, passengers, and airport personnel. This specific legislative instrument, a declaration made by a Delegate of the Secretary of the Department of Home Affairs, revokes a previous declaration concerning Learmonth Airport and establishes it as a security controlled airport. The declaration also specifies the boundaries of the airport and the airside area, which are detailed in the accompanying map. The enactment aims to ensure that Learmonth Airport adheres to the stringent security protocols outlined in the Act, thereby maintaining the integrity of Australia's aviation security framework. This Notice, published in the Gazette, will remain in effect until it is formally revoked and published in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to the regulation of security measures at Australian airports, including the establishment of security controlled airports and airside areas. The Act applies to persons, entities, and industries involved in the operation of airports and aviation transport, as well as any conduct or transactions occurring within the designated security controlled airports and airside areas. Geographically, the Act has a national reach, applying across the Commonwealth of Australia. The Act may extend its application through subordinate instruments, which can provide additional detail or specific regulations concerning airport security. Exclusions or exemptions from the Act are not specified in this particular legislative declaration but would generally be defined within the broader provisions of the Act or through related regulations. This specific declaration revokes a previous notice regarding Learmonth Airport and establishes it as a security controlled airport, with defined boundaries and an airside area, effective upon publication in the Gazette.

Key Provisions

The key provisions of this notice, under the Aviation Transport Security Act 2004, involve the revocation and re-establishment of Learmonth Airport as a security controlled airport and the establishment of an airside area for the airport. Section 28(2) of the Act allows the Secretary of the Department of Home Affairs, through a delegate, to revoke a previous declaration of Learmonth Airport as a security controlled airport (subsection 28(2)(a)) and to re-declare Learmonth Airport as a security controlled airport with new boundaries (subsection 28(2)(b)). Additionally, section 29 of the Act permits the establishment of an airside area for the airport, with the specific boundaries of this area detailed in the attached map that forms part of the notice. The notice becomes effective upon its publication in the Gazette. The obligations imposed by the Act on the parties or entities it governs are primarily concerned with ensuring the security of aviation transport. By declaring Learmonth Airport as a security controlled airport, the Act mandates that the airport must adhere to specific security requirements and measures outlined in the Act and its regulations. This includes implementing security controls and procedures to protect against threats to aviation security, such as unauthorised access to the airside area and the potential for terrorist attacks. Furthermore, the establishment of an airside area under section 29 of the Act requires the airport to delineate and manage this area strictly, ensuring that only authorised personnel and aircraft are allowed access. The Act imposes penalties and consequences for breaches of its provisions. Under the Aviation Transport Security Act 2004, any person who contravenes the security requirements or unauthorised access provisions can face criminal charges. Such offences may lead to substantial penalties, including fines and imprisonment. For example, under section 305 of the Act, a person who contravenes a security direction can be fined up to $100,000 or imprisoned for up to two years, or both. Additionally, section 306 of the Act provides for the imposition of civil penalties for non-compliance with the Act, with penalties potentially reaching up to $1,100,000 for corporations and $110,000 for individuals, depending on the nature and severity of the breach. These provisions underscore the importance of adhering to the security requirements set forth in the Act.