NTC-30652 - Declaration of Security Controlled Airport and Establishment of Airside Area - Perth Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures at airports to protect against threats to civil aviation. This legislation was introduced by the Australian Parliament to ensure the security of air transport and to safeguard passengers, aircraft, and airport operations against acts of unlawful interference. The policy objective of the Act is to establish a comprehensive regulatory framework that includes the declaration of security controlled airports and the establishment of airside areas, ensuring that these critical zones are protected against potential security risks. On 10 June 2026, a Delegate of the Secretary of the Department of Home Affairs revoked a previous notice that declared Perth Airport as a security controlled airport and subsequently declared it as such again, with the airside area being established in accordance with the Act. This action ensures the ongoing protection and security of Perth Airport, reaffirming its status as a controlled area under the Act.

Scope and Application

The Aviation Transport Security Act 2004 applies to any person or entity involved in activities related to civil aviation in Australia, encompassing various aspects such as aircraft operations, airport management, and passenger screening. The Act has a national jurisdictional reach, covering all airports within the Commonwealth of Australia, and includes provisions for the establishment of security controlled airports and airside areas. The declaration of Perth Airport as a security controlled airport and the establishment of its airside area are specific applications of the Act, ensuring stringent security measures are implemented at the airport to protect against threats to aviation security. The Act also allows for the application of subordinate instruments to extend or restrict its application, providing flexibility in addressing emerging security concerns. The revocation of the previous declaration and the issuance of a new one under the authority of the Secretary of the Department of Home Affairs highlights the dynamic nature of aviation security measures in response to changing circumstances.

Key Provisions

The main operative sections of the Gazette notice NTC-30652 under the Aviation Transport Security Act 2004 include the revocation of the previous notice NTC-29535 (subsection 28(2)) and the subsequent declaration of Perth Airport as a security controlled airport, as well as the establishment of its airside area. The notice specifies that the boundaries of the airport and the airside area are outlined on an attached map, which forms part of the notice (sections 28 and 29). These changes are effective upon publication in the Gazette and remain in force until revoked in writing and published again in the Gazette. The Act imposes several obligations on parties and entities governed by it. Firstly, it mandates that the Minister or a Delegate of the Secretary of the Department of Home Affairs must declare an airport as security controlled and establish its airside area. This is done through a formal notice published in the Gazette, ensuring transparency and legal effect (section 28). Additionally, entities operating within the airside area must comply with all security measures and regulations as stipulated by the Act. This includes adhering to security protocols, conducting necessary security checks, and ensuring the safety and security of the airport operations (section 29). In terms of enforcement, the Act outlines various offences and penalties for breaches of its provisions. Violators may face both civil and criminal consequences. For example, unauthorised access to the airside area is a criminal offence, carrying a maximum penalty of imprisonment for five years or a fine of up to $55,000, or both (section 68). Similarly, failure to comply with security measures can result in substantial fines. The Act also provides for the imposition of administrative penalties, such as pecuniary penalties, which can be significant and are determined based on the severity and nature of the breach (section 71). These penalties serve as deterrents to ensure compliance with aviation security requirements. The Gazette notice NTC-30652 further reinforces these obligations and consequences by revoking the previous designation of Perth Airport as a security controlled airport and re-establishing it with new boundaries and airside area specifications. This re-declaration ensures that the updated security measures and regulations are legally recognised and enforced, thereby maintaining the integrity of aviation security within the specified airport area. The notice also serves as a formal notification to all relevant parties, including airport operators, airlines, and security personnel, to adhere to the new provisions outlined in the Act.