NTC-30900 – Declaration of Security Controlled Airport and Establishment of Airside Area – Rockhampton Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to provide for the security of aviation transport, particularly in relation to the protection of aircraft, passengers, and airport infrastructure. The Act was introduced to address the gap in security measures for aviation transport in Australia and to align with international standards and protocols. It serves to enhance the safety and security of the aviation industry by establishing stringent security controls at airports and on aircraft. The policy objective of the Act is to prevent acts of unlawful interference with civil aviation and to ensure that adequate security measures are in place to protect against such threats. In line with the Act, the Delegate of 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 within that airport. This legislative power allows for the effective management and enforcement of security measures at designated airports, ensuring that they meet the required standards to safeguard against potential threats. The revocation and subsequent declaration of Rockhampton Airport as a security controlled airport and the establishment of its airside area exemplify the practical application of these provisions. This action ensures that Rockhampton Airport adheres to the necessary security protocols, thereby contributing to the overall safety of the Australian aviation transport system.

Scope and Application

The Aviation Transport Security Act 2004 applies to a broad spectrum of entities and individuals involved in the aviation sector within Australia, aiming to ensure the security of civil aviation in the Commonwealth. The Act's jurisdiction extends to all airports designated as security controlled airports, including their airside areas, which are critical zones where security measures are enforced to prevent unauthorised access and potential threats to aviation safety. Rockhampton Airport, as declared in the gazetted notice, falls within this purview, thereby subjecting it to stringent security regulations under the Act. This includes ensuring compliance with security protocols for both personnel and operations within the defined airside area. The Act’s reach is national, encompassing all states and territories within Australia, and it applies to any person or entity involved in activities at designated airports. While the Act broadly applies to all relevant entities, there are provisions for exemptions and thresholds which are determined through subordinate instruments and ministerial guidelines, often tailored to the specific operational contexts and risk assessments of individual airports.

Key Provisions

The main operative sections of this legislative instrument are sections 28 and 29 of the Aviation Transport Security Act 2004. Section 28(2) allows a delegate of the Secretary of the Department of Home Affairs to revoke or declare an airport as a security controlled airport. Section 29 of the Act permits the delegate to establish an airside area for a security controlled airport, which is defined as the area of the airport that is subject to security controls. In this instance, the delegate has revoked the previous declaration that designated Rockhampton Airport as a security controlled airport (NTC-30303), and has issued a new declaration, with the boundaries of the airport and its airside area specified on an attached map. The Act imposes several obligations on parties and entities governed by it. Firstly, it requires the delegate to ensure that security measures are implemented and maintained at airports that are declared security controlled airports. This includes establishing airside areas and ensuring that appropriate security controls are in place. Secondly, the Act requires airport operators and other relevant parties to comply with the security measures and controls that are established by the delegate. This includes adhering to any restrictions on access to the airside area, and implementing security measures such as screening of passengers, baggage, and cargo, and access control measures. Failure to comply with the requirements of the Act may result in civil or criminal penalties. Under section 308 of the Act, a person who contravenes a provision of the Act that is designed to protect the safety of aircraft or the security of airports may be guilty of an offence. The maximum penalty for an individual is imprisonment for five years or a fine of up to $330,000, or both. For a body corporate, the maximum penalty is a fine of up to $1,650,000. Additionally, under section 311 of the Act, a person who wilfully or recklessly interferes with the operation of an aircraft or the security of an airport may be guilty of an offence. The maximum penalty for an individual is imprisonment for ten years or a fine of up to $550,000, or both. For a body corporate, the maximum penalty is a fine of up to $2,750,000. It is important to note that these penalties are in addition to any other civil or criminal liability that may arise from a breach of the Act.