NTC-30386 - Declaration of Airport and Airside Area - Esperance Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures in the aviation sector to protect against acts of unlawful interference with civil aircraft and security controlled airports. This Act was introduced by the Parliament of Australia and aims to ensure the safety and security of air transport by establishing a framework for aviation security controls. The Act includes provisions for designating security controlled airports and establishing airside areas to safeguard against potential threats. On 23 April 2026, a Delegate of the Secretary of the Department of Home Affairs issued a notice to revoke the previous declaration that designated Esperance Airport as a security controlled airport and simultaneously declared it as such again, along with establishing the airside area for the airport. This action is in accordance with the provisions of the Act and the notice is effective from the date of its publication in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to the security control of airports, ensuring that these critical infrastructure sites are safeguarded against potential threats. This Act designates certain airports as "security controlled airports" and establishes specific airside areas to be managed under stringent security protocols. The scope of the Act extends to individuals, entities, and industries involved in the aviation sector, as well as any conduct or transactions occurring within the designated airside areas. The jurisdictional reach of this legislation is national, applying across the Commonwealth of Australia, thereby ensuring a uniform standard of security across all states and territories. This Act also provides for the revocation and declaration of airports as security controlled, which is evident in the revocation of Esperance Airport's previous security controlled status and its re-declaration under the current notice. The Act allows for the extension of its application through subordinate instruments, ensuring that the security measures can be adapted and implemented effectively. There are no stated exclusions or thresholds within the Act itself, though the specifics of the security measures may be detailed in subordinate legislation or regulations.

Key Provisions

The key provisions of this legislation involve the revocation and re-establishment of the security status of Esperance Airport under the Aviation Transport Security Act 2004. Firstly, the legislation revokes the previous declaration that designated Esperance Airport as a security controlled airport (subsection 28(2), NTC-10255, Gazetted on 23 February 2016). This revocation nullifies any security measures and regulations previously enforced under the Act at this airport. Secondly, the legislation re-declares Esperance Airport as a security controlled airport, with specific boundaries outlined in the attached map, which is considered part of the notice (section 28(2)). This re-designation reinstates the airport under the purview of the Act, subjecting it to all applicable security regulations. Moreover, the legislation establishes an airside area for the airport, delineating the specific area that falls under the Act's jurisdiction (section 29). The airside area is also detailed in the attached map, which forms part of this notice. The Act imposes several obligations on parties and entities governed by it. For Esperance Airport, being declared a security controlled airport means it must comply with all security measures and regulations outlined in the Act. This includes implementing necessary physical and procedural security measures to protect against acts of unlawful interference with civil aviation. The airport authorities must ensure that these measures are effective and consistently applied. Additionally, the airside area established by the Act must be strictly monitored and controlled to prevent unauthorised access or activities that could compromise the security of the airport and its operations. Breaches of the obligations and requirements set out in the Act can lead to various offences and consequences. Under the Act, non-compliance with security measures can result in both civil and criminal penalties. Civil penalties may include fines, while criminal offences can lead to imprisonment. For instance, section 118 of the Act outlines that an offence of failing to comply with a security requirement carries a maximum penalty of 10,000 penalty units, or imprisonment for up to 10 years, or both, for an individual. For corporations, the maximum penalty is 50,000 penalty units. These severe penalties underscore the importance of adhering to the security measures and regulations stipulated by the Act to maintain the safety and security of civil aviation.