NTC-30209 – Declaration of Security Controlled Airport and Establishment of Airside Area – Great Barrier Reef Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the need for stringent security measures at airports to protect against threats to aviation security. This Act provides the legal framework for the establishment of security controlled airports and the delineation of airside areas, which are critical for the implementation of security protocols and measures at airports. The 2004 Act was introduced to bolster the security of air transport within Australia, aligning with international standards and best practices in aviation security. The policy objective underpinning the Act is to ensure that all airports designated as security controlled are subject to rigorous security controls to safeguard against potential threats to civil aviation. In the context of the Great Barrier Reef Airport, the Delegate of the Secretary of the Department of Home Affairs has exercised their authority under the Act to revoke the previous declaration that designated the airport as a security controlled airport and to re-establish it with updated boundaries and an airside area. This action is intended to reflect current security needs and to ensure that the airport continues to meet the stringent security standards required by the Act. The revocation and re-establishment of the security controlled status and airside area are effective upon publication in the Gazette, thereby ensuring that the legal framework governing airport security is both up-to-date and responsive to emerging security challenges.

Scope and Application

The Aviation Transport Security Act 2004, administered by the Department of Home Affairs, governs the security of aviation transport in Australia. This Act applies to security controlled airports, which are designated under the Act, and includes entities such as airlines, airport operators, and any other person involved in activities at these airports. The Act also applies to the conduct and transactions that occur within the airside area of these airports, ensuring stringent security measures are in place to safeguard against threats to aviation security. The geographic reach of the Act is national, as it applies across Australia and its territories. The Act provides a framework for the establishment of security controlled airports and the definition of airside areas, as demonstrated by the recent revocation and re-declaration of Great Barrier Reef Airport as a security controlled airport. This ensures that the airport adheres to the required security protocols as stipulated in the Act. Exclusions or exemptions from the Act's application are not explicitly stated in the text, but the Act’s provisions may be further defined or restricted through subordinate instruments issued under its authority.

Key Provisions

The key provisions of the notice involve the revocation and re-declaration of Great Barrier Reef Airport as a security controlled airport under the Aviation Transport Security Act 2004 (the Act). This includes the establishment of an airside area for the airport, as detailed in the attached map, which forms part of the notice (sections 28 and 29). The notice revokes the previous declaration NTC-10278, which had been published in the Gazette on 12 February 2016, and reinstates the airport as a security controlled airport. This means that the airport must now adhere to specific security regulations and protocols to ensure the safety and security of air transport operations. The Act imposes several obligations on Great Barrier Reef Airport as a security controlled airport. These include implementing stringent security measures to protect the airport and its operations from potential threats. Such measures might involve physical security controls, personnel screening, baggage checks, and other security protocols designed to prevent unauthorised access and potential threats to aviation security. Additionally, the airport must comply with all applicable regulations and guidelines set forth by the Department of Home Affairs to maintain its status as a security controlled airport. Failure to comply with the requirements of the Act may result in various consequences, including potential offences and penalties. Although the notice does not specify the exact nature of these consequences, the Act generally provides for both civil and criminal penalties for breaches of aviation security regulations. Civil penalties may include fines, while criminal penalties could involve imprisonment, reflecting the serious nature of non-compliance with aviation security laws. The specific penalties would be determined by the relevant provisions of the Act and any applicable regulations. The notice remains in force until it is revoked in writing and subsequently published in the Gazette. This means that the current security measures and protocols established for Great Barrier Reef Airport will be in effect until such a revocation takes place. The Department of Home Affairs retains the authority to modify or revoke the notice as necessary to address any changes in security requirements or operational conditions at the airport. This flexibility ensures that the airport can adapt to evolving security challenges while maintaining the highest standards of aviation security.