NTC-30672 – Declaration of Security Controlled Airport and Establishment of Airside Area – Avalon Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures within the aviation sector to protect passengers and aircraft from potential threats. This legislation was introduced by the Australian Parliament and is designed to ensure that aviation security measures are robust and uniformly applied across all airports designated as security controlled airports. The Act empowers the Secretary of the Department of Home Affairs to declare certain airports as security controlled and to establish specific airside areas within these airports where heightened security measures must be enforced. This ensures that critical areas of the airport are adequately protected, maintaining the safety and security of the aviation environment. The policy objective of the Act is to safeguard the nation's aviation infrastructure against security risks, thereby ensuring the safety of passengers and the integrity of air transport operations.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities and individuals involved in aviation transport within Australia. This includes airlines, airport operators, and other entities or persons conducting activities at or in relation to airports, as well as any person involved in the carriage of passengers, goods, mail, or other items by air transport. The Act's jurisdictional reach is national, governing aviation security across the Commonwealth of Australia. Notably, it extends to all airports designated as security controlled airports, which are areas where specific security measures must be implemented to safeguard against threats to civil aviation. The Act’s application is further defined through subordinate instruments, which can specify additional details or particular security measures for designated airports. Exclusions and exemptions may apply, such as for certain types of aircraft or operations, but these are determined by the Act or the regulations made under it. The revocation of a notice declaring Avalon Airport as a security controlled airport, as seen in the provided gazette notice, signifies a change in the application of the Act to this specific airport, highlighting the dynamic nature of its enforcement and adaptation to current security needs.

Key Provisions

The main operative sections of this notice under the Aviation Transport Security Act 2004 (the Act) involve the revocation of a previous declaration and the establishment of a new declaration and airside area for Avalon Airport. Specifically, subsection 28(2) of the Act allows a delegate to revoke a previous declaration of a security controlled airport and establish a new one. The new declaration, which was published in the Gazette (C2026G00081 on 17 February 2026), revokes notice NTC-30023, which had previously declared Avalon Airport as a security controlled airport (subsection 28(2)). Additionally, the delegate has established a new airside area for Avalon Airport, as per section 29 of the Act, with the boundaries and airside area details provided on the attached maps that form part of this notice. The Act imposes several obligations and requirements on the parties and entities governed by it. Firstly, entities operating within the newly declared security controlled airport must comply with all applicable security measures and regulations as outlined in the Act. This includes ensuring that all personnel, vehicles, and materials entering the airside area undergo appropriate security screening and checks. Additionally, entities must adhere to the specific boundaries of the airside area, which are clearly indicated on the maps attached to this notice. These boundaries delineate the areas where heightened security measures are enforced to safeguard against potential threats to aviation security. Breaches of the provisions under the Act can lead to significant civil and criminal consequences. Specifically, individuals or entities found to be in violation of the security requirements or unauthorised access within the airside area may face offences as stipulated under the Act. For instance, unauthorised entry or remaining within the airside area can result in criminal penalties, including fines and imprisonment. The Act also provides for the imposition of civil penalties for non-compliance, with the specific amounts determined by the courts based on the nature and severity of the breach. The maximum penalties for such offences are not explicitly stated in this notice but can be found in the relevant sections of the Act.