NTC-30366 – Declaration of Security Controlled Airport and Establishment of Airside Area – Hobart Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address significant concerns about the security of Australia's aviation system in response to global incidents and threats to air transport. The Act provides a legislative framework to safeguard the nation's air transport infrastructure against acts of unlawful interference, thereby ensuring the security of passengers, crew, aircraft, and airport operations. This legislative measure was essential to harmonise Australia's aviation security standards with international protocols and to mitigate the risks associated with terrorist activities and other security threats in the aviation sector. The Delegate of the Secretary of the Department of Home Affairs has exercised their authority under the Act to declare Hobart Airport as a security controlled airport, thereby establishing an airside area as defined by the attached map. This declaration follows the revocation of a previous notice that had designated Hobart Airport under similar provisions. The policy objective behind this action is to enhance the security measures at the airport, aligning it with the stringent requirements set forth by the Act to protect the integrity of Australia's aviation transport security.

Scope and Application

The Aviation Transport Security Act 2004 applies to any person or entity that is involved in the operation of an aircraft, including pilots, airlines, ground handling agents, and airport operators, as well as any person or entity that is involved in the provision of aviation transport security services. The Act applies to all airports in Australia that are designated as security controlled airports, which includes both international and domestic airports. The Act extends to any area within Australia, including its territorial sea, airspace, and on aircraft registered in Australia or operated by an Australian airline. The Act provides for the establishment of airside areas at security controlled airports, which are areas that are subject to security controls to protect against acts of unlawful interference with aircraft in service. The Act also provides for the appointment of aviation transport security officers, who are authorised to carry out security checks and enforce security controls at security controlled airports. There are no stated exclusions or exemptions in the Act, although certain persons or entities may be exempt from certain provisions of the Act by order of the Minister for Home Affairs. The Act is administered by the Department of Home Affairs, and its application may be extended or restricted through subordinate instruments such as regulations or orders.

Key Provisions

The key sections of the Aviation Transport Security Act 2004 (the Act) involved in this declaration include sections 28 and 29. Section 28(2) allows a Delegate of the Secretary of the Department of Home Affairs to declare an airport as a security controlled airport and to revoke such a declaration. Section 29 empowers the Delegate to establish an airside area for the airport, which is the area of the airport where aviation security measures are required to be applied. Under this Act, the obligations imposed on the parties or entities it governs include compliance with the security measures and regulations applicable to a security controlled airport. This includes adherence to the requirements for access controls, screening, and other security protocols designed to protect the airport and aircraft from security threats. The airside area, once established, becomes subject to stringent security measures, and any person entering this area must comply with the security regulations. Breaches of the security measures and regulations set forth by the Act can lead to significant consequences. The Act provides for both criminal and civil penalties for non-compliance. Under the criminal provisions, individuals or entities found guilty of serious offences, such as unauthorised access to the airside area or sabotaging security measures, can face imprisonment for up to 10 years. Additionally, the Act includes provisions for fines, with the maximum penalty varying depending on the severity of the offence. Civil penalties may also be imposed for breaches of the Act, which can include substantial financial penalties and orders for compliance. The declaration and establishment of the airside area for Hobart Airport are significant steps to enhance the security of the airport. By revoking the previous declaration and issuing a new one, the Act ensures that the airport remains compliant with the current security standards and requirements. This continuous oversight and regulation are essential to maintain the integrity and safety of Australia's aviation security framework.