NTC-30879 - 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 at airports to protect against potential terrorist activities and other threats to aviation. The Act established a regulatory framework to ensure the security of aviation transport in Australia, including the designation of security controlled airports and the establishment of airside areas. This legislative instrument, published in the Commonwealth of Australia Gazette, revokes a previous notice that designated Hobart Airport as a security controlled airport and re-declares it as such, along with the establishment of its airside area. The policy objective of the Act is to safeguard the nation's aviation infrastructure and ensure the safety and security of air passengers, crew, and airport operations. The authority to make such declarations and establish airside areas is vested in the Secretary of the Department of Home Affairs, who delegates this responsibility to an authorised officer. This specific notice is effective from the date of its publication in the Gazette and will remain in force until it is revoked by a subsequent written notice also published in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to entities and individuals involved in the operation and security of airports designated as security controlled airports. This includes airlines, airport operators, and other entities that provide services at these airports. The Act establishes measures to safeguard air transport and applies to the entire Commonwealth of Australia, ensuring a uniform approach to aviation security across the nation. The Act's jurisdiction extends to all security controlled airports, which are defined by the Secretary of the Department of Home Affairs through notices published in the Commonwealth of Australia Gazette. The Act allows for the declaration of specific areas within an airport as "airside areas" where stringent security controls are mandated. This particular notice revokes a previous declaration for Hobart Airport and establishes new boundaries for the airport's security controlled status and its airside area, effective from the date of publication in the Gazette. The Act’s application can be extended or restricted through subordinate instruments, such as regulations and legislative instruments, which provide further detail on the specific security measures and compliance requirements.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) contains provisions for the declaration of security controlled airports and the establishment of airside areas. Under section 28(2), a delegate of the Secretary of the Department of Home Affairs has the authority to revoke or declare a security controlled airport. In this case, the delegate revoked notice NTC-30690, which had previously declared Hobart Airport as a security controlled airport, and then re-declared it as such (section 28(2)(a), (b)). Additionally, the delegate established an airside area for Hobart Airport in accordance with section 29 of the Act, the boundaries of which are detailed on a map attached to the notice. This declaration and establishment are effective from the date of publication in the Gazette. The Act imposes several obligations on the parties and entities it governs. Specifically, the declaration of a security controlled airport, as outlined in section 28(2), necessitates adherence to the security measures and protocols stipulated under the Act. Similarly, the establishment of an airside area, as mandated by section 29, requires the airport to implement stringent security controls within the designated area to protect against unauthorised access and potential threats to aviation security. These obligations ensure that the airport complies with national security standards and maintains a secure environment for aviation operations. In the event of a breach of the Act's provisions, various offences and penalties may apply. Section 17 of the Act outlines potential offences, which can include actions that compromise the security of a security controlled airport or the airside area. The penalties for such offences are detailed in section 18, which may include fines and imprisonment. For example, an individual found guilty of contravening the Act could face a maximum penalty of 10 years imprisonment or a fine of up to $210,000, or both, for serious offences. The specific penalties depend on the nature and severity of the breach, as well as the discretion of the court in imposing sanctions.