NTC-30520 – 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 the need for stringent security measures within the aviation sector, particularly in relation to preventing acts of unlawful interference with civil aircraft in service. This legislation was introduced to enhance the security of aviation transport in Australia, aligning with international standards and protocols to safeguard the nation's aviation infrastructure. The policy objective of the Act is to ensure that appropriate security measures are in place to protect passengers, crew, and aircraft from potential threats. Under the authority granted by this Act, the Secretary of the Department of Home Affairs has the power to declare specific airports as security controlled airports, thereby establishing controlled zones known as airside areas where heightened security measures are mandated. This legislative framework is essential for maintaining the integrity and safety of Australia's aviation transport system.

Scope and Application

The Aviation Transport Security Act 2004 applies to all persons and entities involved in the aviation transport industry within Australia, with a particular focus on the security of airports and aircraft. This legislation encompasses conduct and transactions that impact the security of aviation transport, and it applies to airports designated as security controlled airports under the Act. The geographic reach of the Act is national, as it is a Commonwealth Act, thereby extending its jurisdiction across all states and territories of Australia. The Act establishes certain security measures and controls that must be adhered to at airports declared as security controlled, which includes the establishment of airside areas and the implementation of security protocols. Exemptions and thresholds are outlined within the Act and are subject to interpretation and clarification through subordinate legislation, which may further define the application of the Act by specifying additional details or conditions. This revocation of the previous notice, NTC-30366, and the subsequent declaration of Hobart Airport as a security controlled airport, along with the establishment of its airside area, is a direct application of the provisions under the Aviation Transport Security Act 2004. The boundaries and specifications for the airside area are detailed in the attached map, which is integral to the notice. The authority to make such declarations and revocations is vested in a Delegate of the Secretary of the Department of Home Affairs, as exemplified by this notice. This notice is effective upon its publication in the Gazette and remains in force until it is formally revoked through another Gazette notice.

Key Provisions

The key operative sections of this legislation are sections 28 and 29 of the Aviation Transport Security Act 2004. Section 28(2) allows the Secretary of the Department of Home Affairs to revoke a previous declaration that designated an airport as a security controlled airport, as well as to declare a new airport as a security controlled airport. Section 29 permits the establishment of an airside area for the airport, which is defined as the part of the airport where security measures are enforced to protect against acts of unlawful interference with civil aircraft. The notice revokes the previous declaration of Hobart Airport as a security controlled airport and establishes new boundaries for the airport and the airside area, as shown on the attached map. Under this Act, the Secretary of the Department of Home Affairs has the authority to declare an airport as a security controlled airport and to establish an airside area for that airport. This includes the responsibility to ensure that appropriate security measures are in place to protect against acts of unlawful interference with civil aircraft. The Act also requires that the Secretary consult with relevant parties, including the airport operator and other aviation security stakeholders, when making such declarations and establishing airside areas. Breaches of the Aviation Transport Security Act 2004 may result in both civil and criminal penalties. Civil penalties may include fines of up to $22,200 for individuals and $111,000 for corporations. Criminal penalties may include imprisonment for up to two years for individuals and fines of up to $111,000 for corporations. In addition to these penalties, any person who contravenes a provision of the Act may also be subject to a declaration that they are an excluded person, which prohibits them from accessing the airside area of any security controlled airport. The Act also provides for the possibility of court-ordered restitution or compensation for any loss or damage caused by a breach of the Act. In summary, the key provisions of the Aviation Transport Security Act 2004 allow the Secretary of the Department of Home Affairs to declare an airport as a security controlled airport and to establish an airside area for that airport, with appropriate security measures in place to protect against acts of unlawful interference with civil aircraft. The Act imposes obligations on the Secretary to consult with relevant parties and to ensure that appropriate security measures are in place. Breaches of the Act may result in both civil and criminal penalties, including fines and imprisonment.