NTC-30084 – Declaration of Security Controlled Airport and Establishment of Airside Area – Hobart Airport

Overview

The Aviation Transport Security Act 2004 was enacted to provide for the security of civil aviation, including the regulation of security measures at Australian airports. The Act was introduced to address the need for stringent security controls in the aviation sector to safeguard against potential threats to air transport. The enactment of this Act was a response to the global demand for enhanced security measures in aviation following significant incidents of aviation-related terrorism. The policy objective behind the Act is to ensure the security of air transport and to protect passengers, aircraft, and airport facilities from acts of unlawful interference. This legislative measure was passed by the Parliament of Australia to establish a framework that includes the declaration of security controlled airports and the establishment of airside areas, as well as to set out the security requirements that must be met at these locations. The authority to declare an airport as a security controlled airport and to establish an airside area is vested in the Secretary of the Department of Home Affairs, who may delegate this power to an appropriate official. This Notice, issued under the authority of the Act, revokes a previous declaration concerning Hobart Airport and re-establishes it as a security controlled airport with a defined airside area, reflecting the current security needs and operational configurations of the airport.

Scope and Application

The Aviation Transport Security Act 2004 applies to the aviation industry and is administered by the Department of Home Affairs. It specifically applies to the establishment and revocation of security controlled airports and the delineation of airside areas within these airports. The Act mandates the identification and control of areas where security measures must be implemented to safeguard against threats to civil aviation. The scope of the Act includes all airports within the Commonwealth of Australia that are designated as security controlled airports, which are crucial for maintaining the security of air transport. The Act extends its jurisdiction to encompass all persons and entities involved in the operation and regulation of these airports, including airlines, ground handling services, and airport authorities. The geographic reach of the Act is national, applying across all states and territories of Australia. The Act also includes provisions for the establishment of airside areas, which are specific zones within airports where stringent security controls are enforced. These areas are critical for preventing unauthorised access and ensuring the safety of airside operations. While the Act itself sets out the primary rules and controls, its application and enforcement are further defined through subordinate legislation and regulations. The Act does not specify exclusions or exemptions; however, the declaration of specific airside areas and security controlled airports is subject to the criteria outlined within the Act. This Notice, revoking a previous declaration and establishing new boundaries for Hobart Airport, exemplifies the Act's application in adapting to changing security requirements and operational changes within the aviation sector.

Key Provisions

The main provisions of this notice, under the Aviation Transport Security Act 2004, involve the revocation of the previous declaration of Hobart Airport as a security controlled airport and the establishment of new boundaries for this airport. According to subsection 28(2) of the Act, the Delegate of the Secretary of the Department of Home Affairs has revoked the prior notice (NTC-29145) that declared Hobart Airport as a security controlled airport, which was previously published in the Gazette (C2025G00496; 03 September 2025). Instead, this new notice declares Hobart Airport as a security controlled airport with updated boundaries as shown on the attached map, which forms part of this notice (section 28). Additionally, the notice establishes a new airside area for Hobart Airport, in accordance with section 29 of the Act, with the area indicated on the attached map also forming part of this notice. This notice commences upon its publication in the Gazette. The obligations and requirements imposed by the Act on parties and entities governed by it include ensuring that security measures are in place to protect the declared airside area and the security controlled airport. This would entail compliance with all relevant regulations and standards as stipulated under the Act to maintain the security of the airport and its airside area. Furthermore, any person or entity operating within the newly declared airside area must adhere to the security protocols and requirements as set out in the Act and any subsidiary legislation or guidelines issued under its authority. There are potential civil and criminal consequences for breaches of the Act and the associated regulations. The Act provides for offences and penalties for non-compliance with the security requirements for airports and airside areas. The specific penalties for breaches can vary depending on the nature and severity of the offence. In some cases, civil penalties may be imposed, such as fines or other monetary penalties. In more serious cases, criminal penalties may apply, which can include imprisonment or both fines and imprisonment. The maximum penalties for breaches are set out in the Act and may be further detailed in subsidiary legislation or guidelines issued under its authority. It is essential for all parties and entities governed by the Act to be aware of these potential consequences and to take appropriate steps to ensure compliance with the security requirements for Hobart Airport and its airside area.