NTC-30341 – Declaration of Security Controlled Airport and Establishment of Airside Area – Sunshine Coast Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures at designated Australian airports to protect against terrorist activities and other threats to aviation security. The Act was established by the Commonwealth Parliament and its policy objective is to ensure the security of air transport in Australia through the establishment of security controlled airports and airside areas. This legislative framework allows the Department of Home Affairs to designate specific airports as security controlled and to establish airside areas, which are zones where access is tightly regulated to safeguard against unauthorised activities that could compromise the security of aircraft and passengers. The Act provides the necessary authority to manage and enforce security protocols in these critical areas. As demonstrated in the revocation and declaration of Sunshine Coast Airport as a security controlled airport and the establishment of its airside area, the Act facilitates the dynamic adjustment of security measures in response to changing threats and operational requirements.

Scope and Application

The Aviation Transport Security Act 2004 applies to airports within the Commonwealth of Australia, with specific provisions for declaring certain airports as security controlled. The Act imposes obligations on persons and entities involved in the provision of services at these airports, particularly in the context of maintaining stringent security measures to protect against threats to aviation security. This includes a requirement to establish designated airside areas, which are areas within the airport where access is strictly controlled to ensure the safety of passengers and aircraft. The Act's jurisdiction extends across the Commonwealth, and its application is enforced through subordinate instruments and notices published in the Commonwealth of Australia Gazette. Notably, the Act does not specify exclusions or thresholds for which airports must be declared as security controlled, leaving such decisions to the discretion of the Secretary of the Department of Home Affairs, who may issue declarations and revoke them as necessary, as evidenced by the recent revocation and redeclaration of Sunshine Coast Airport.

Key Provisions

The main operative sections of this Notice, as referenced in subsection 28(2) of the Aviation Transport Security Act 2004 (the Act), involve the revocation of a previous notice that had declared Sunshine Coast Airport as a security controlled airport and the establishment of a new declaration with updated boundaries and an airside area. The notice specifically revokes notice NTC-29973 (paragraph 1) and declares that Sunshine Coast Airport is now a security controlled airport (paragraph 2). Additionally, it establishes an airside area for the airport, as detailed in the attached map which is part of the notice (paragraph 3). These provisions are crucial for ensuring that the appropriate security measures are in place for the airport and its operations. Under this Act, the obligations and requirements imposed on the parties or entities governed by it include ensuring compliance with the declared security status of the airport and adherence to the newly established airside area. This means that all stakeholders, including airport operators, airlines, and other entities involved in airport operations, must recognise and comply with the security measures and protocols applicable to a security controlled airport. They must also acknowledge the boundaries of the airside area, which is critical for maintaining security and safety within the airport premises. The notice serves to update the legal framework governing the airport's security status, ensuring that all relevant parties are aware of their obligations under the Act. The Act also outlines various offences, penalties, and consequences for breaches of its provisions. While the notice itself does not detail specific penalties, the Act generally provides for both civil and criminal penalties for non-compliance. For example, breaches of security measures can result in fines, imprisonment, or both, depending on the severity of the offence. The Act empowers authorised officers to enforce its provisions, which can include issuing notices, imposing fines, or taking legal action against individuals or entities that fail to comply with its requirements. These provisions underscore the importance of adhering to the security measures and boundaries established by the notice and the Act. In summary, this notice revokes the previous declaration of Sunshine Coast Airport as a security controlled airport and establishes a new declaration with updated boundaries and an airside area. It imposes obligations on all relevant parties to comply with the security measures and protocols applicable to the airport. Non-compliance with the Act's provisions can result in serious consequences, including fines and imprisonment. The notice serves to update the legal framework governing the airport's security status and ensures that all relevant parties are aware of their obligations under the Act.