House debates

Wednesday, 9 September 2009

Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009

Second Reading

9:47 am

Photo of Bob BaldwinBob Baldwin (Paterson, Liberal Party, Shadow Minister for Defence Science and Personnel) Share this | Hansard source

I rise today to speak on the Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009. The bill proposes amendments to the Aviation Transport Security Act 2004, which was introduced by the former coalition government, specifically to change the existing Commonwealth aviation transport security regime. The amendments aim to improve Australia’s aviation security apparatus and strengthen the enforcement powers of the Office of Transport Security.

The Aviation Transport Security Act 2004 established a regulatory framework to safeguard against unlawful interference with aviation. To achieve this purpose, the act establishes minimum security requirements for civil aviation in Australia by imposing obligations on persons engaged in civil aviation related activities. Under these laws anyone who operates within the aviation industry is responsible for helping to maintain Australia’s excellent reputation as one of the most secure places in the world.

It was the coalition that introduced legislation that strengthened the regulatory framework surrounding aviation security. Importantly, this legislation also involved aviation industry participants in order to provide the flexibility necessary to respond to the rapidly-changing environment. That legislation is what the House proposes to amend today. Because of the smart and thorough actions taken under the coalition government, Australian airport security is safer than ever before. The Aviation Transport Security Amendment (2009 Measures No. 1) Bill will continue the work done by the former government to ensure airport security is a priority into the future.

I would like to acknowledge the contribution aviation has made to Australia’s overall economy. Steady economic growth, particularly during the years of the previous coalition government, and increased tourism made for a more profitable airline sector, which in turn has driven the expansion of Australia’s aviation sector. In the 2007-08 financial year, over 49 million passengers travelled on Australian domestic airlines. It is also very important to note that regional airlines carried 5.8 million passengers, a figure that represents an increase of 11 per cent over 2006. Regional airlines and regional airports are an important part of Australia’s aviation history and future.

A healthy aviation sector is vital for growth, and in particular I would like to acknowledge the development of Newcastle Airport, which employs hundreds of my constituents living in the Paterson electorate. Newcastle Airport is fast-emerging as a key player in aviation growth domestically, with the potential for international expansion mounting. The net regional economic benefit generated by Newcastle Airport has been assessed as $433 million annually, supporting 3,128 jobs—of which the tourism sector generates $150 million and supports 894 jobs annually.

Over the past 60 years, from its simple beginnings as Williamtown Civilian Airport after a charter flight landed at the RAAF Base Williamtown in 1947 to the first scheduled commercial operations commencing in 1948, Newcastle Airport has grown to a position of strength in the region. The federal government continued to run the airport until 1990. However, it was not until 1993 when the Newcastle City Council and Port Stephens Council accepted an invitation from the federal government to jointly operate the civil aviation area at RAAF Base Williamtown that Newcastle Airport Ltd was born. The two councils accepted full responsibility for operating, maintaining and developing what was to become Newcastle Airport.

The civil airport is located on Commonwealth land inside the boundary of Royal Australian Air Force Base Williamtown. Newcastle City Council and Port Stephens Council, under the auspice of Newcastle Airport Ltd, hold a 40-year lease, terminating in March 2045, from the Department of Defence for 28 hectares of land to the south of RAAF Base Williamtown. The structure of the operation of Newcastle Airport Ltd is a joint venture between the two councils. It is important to note that all profits from the operation of the airport and its facilities are reinvested in the operations and future growth of the airport.

For many years the passenger terminal at Newcastle Airport was nothing more than a little tin shed. This was remedied with the opening of new terminal facilities in 1975, and in 1994 and 2000 Newcastle Airport underwent further major upgrades which included the doubling of the terminal floor area, total refurbishment of the interior and exterior of the building and the provision of office suites for airlines. In 2000, jet services commenced with the introduction of the Impulse Airlines, now Jetstar, Boeing 717 aircraft to service the Newcastle to Melbourne route. In November 2003 Virgin Blue introduced B737 aircraft on a daily service to Melbourne and in May 2004 introduced daily services to Brisbane. In May 2004 Jetstar also commenced services on the Newcastle-Melbourne and Newcastle-Brisbane routes using Boeing 717 aircraft.

In 2005 Newcastle Airport underwent a further $9 million major upgrade which in turn doubled the terminal floor area, doubled the departure and arrival areas, introduced a retail precinct and provided additional office suites and upgraded the car parking and road systems. The terminal facilities were upgraded to cope with future demand and security requirements. In that same year, Newcastle Airport was named Regional Airport of the Year by the Australian Airports Association. This is an accomplishment which we can be extremely proud of in our region.

Today Newcastle Airport has grown to be one of the key regional airports in Australia. It is serviced by all the major domestic airlines that provide services to the major destinations along the east coast of Australia, including Aeropelican, Brindabella, Jetstar, Norfolk Air, Virgin Blue and QantasLink. Since the introduction of jet services into Newcastle Airport, the number of passengers using the airport has increased from 214,000 in 2003 to over one million people in the 2007 calendar year. The success story does not end there. The Newcastle Airport is at present undergoing further expansion, increasing the check-in facilities to accommodate the growing number of travellers and developing more parking to accommodate the needs of our travellers. It is important to take note of the commercial aviation developments during this time as well. Home to BAE Systems, Boeing Defence Australia, Raytheon, Thales, Jetstar Engineering and GE Aviation, and boasting a large network of specialist businesses, the Hunter region provides a highly skilled local workforce, sophisticated defence and civil aviation infrastructure and a proven track record in delivering defence projects.

Newcastle Airport also works in close proximity to and is supported by the Defence Support Group, the RAAF and especially RAAF Base Williamtown. An agreement exists with the RAAF to provide landing and take-off rights, services and the use of airport infrastructure. The current Newcastle Airport master plan demonstrates a strategic vision for the continued growth of the airport and harmony with RAAF operations. The airport’s master plan considers and protects the operational integrity of RAAF Base Williamtown in terms of aviation safety, air navigation, air traffic control, base security, aviation fire fighting and rescue services and communications. There can be no doubt that RAAF Base Williamtown is an important economic driver for our region and is the pre-eminent fighter base for the Royal Australian Air Force. It is one of the busiest RAAF bases in Australia, handling over 1,000 movements per week. It is home to the majority of RAAF’s FA18 Hornets and Hawk lead-in fighters and is headquarters for the Air Force’s Surveillance and Response Group, Air Combat Group and two training squadrons which include the FA18 Hornet, BAE Hawk 127 lead-in fighter and the Pilatus PC9 aircraft.

As you can see, their presence in the aerospace industry is particularly notable. One of the most significant tenants in the area is BAE Systems. BAE Systems is a global company engaged in the development, delivery and support of advanced air, land and sea defence, security and aerospace systems. The first major commercial aviation development was with the hangar and associated facilities built by BAE for the assembly of the Hawk lead-in fighter. BAE is contracted by RAAF to maintain the Hawk lead-in fighter and the FA18 aircraft. A second BAE hangar was constructed initially for the centre barrel replacement program but also in anticipation of future Joint Strike Fighter contracts with defence.

When I became the member for Paterson in 1996, I became concerned at the amount of underemployment of ex-RAAF personnel in our region. A range of very highly skilled people who chose after their service to the defence of Australia to live in and around the area were not able to find work in their field of expertise and, rather than facing another posting or travelling to other areas to continue in their field of expertise, they took up employment in other fields, quite often well below their capacity. I was of the view that more needed to be done to provide opportunities for these people. With the introduction of the BAE Hawk lead-in fighter contract, I was determined to establish an aviation technology park with airside access for service to both military and commercial aircraft. I have been on the public record promoting and actively supporting this project since 1996, and when I served on Port Stephens Council in 1999 I helped drive the development of employment opportunities at the airport through pushing for the redevelopment of the farmland surrounding the airport.

The stage is now set for the increasing presence in aerospace and aviation development within the region with the Williamtown Aerospace Centre by Hunter Land, which includes the Newcastle Airport precinct and the 80 hectares of industrial land surrounding the airport. The centre will provide world-class facilities, tow-way access and a variety of infrastructure solutions to meet the needs of individual organisations of any size or requirement. Williamtown Aerospace Centre will position the Hunter as a major national and international centre for the aerospace and aviation industry. The success story will be about utilising those skill sets that have served our country and are now looking to reside in our wonderful area.

The amendments presented today reflect and continue the work begun by the coalition. They will support regional airports such as Newcastle Airport and I am happy to support them. The first amendment of the Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009 will give the secretary of the department the power to designate an airport as a security controlled airport. In order to achieve this, the airport must fulfil certain security requirements. This amendment will allow security controlled airports to be assigned to a category that prescribes specific requirements reflecting the risk profile of each airport.

Under the current arrangements, any airport which is declared to be an SCA faces the same security requirements regardless of their location, size and type of aircraft operating from the airport or security situation. This means that a regional airport, such as Newcastle Airport, will be subjected to the same security requirements as Sydney Airport. Many regional airports would benefit from a more flexible and appropriate system directly related to their personal situation.

A consistent approach needs to be adopted for aviation security, particularly at regional airports and in particular with the jet versus non-jet powered aircraft issue being an example. Allowing an airport to be assigned to a particular category will enable security resources to be allocated in a more appropriate way, rather than applying the same requirements to all airports. Security should be a risk based cost-benefit approach, otherwise it will become a significant disincentive for regional air travel and potentially put smaller airlines out of business. It is important to note the cost of implementation to regional airports. If costs can be reduced through a more appropriate security regime, the viability of regional air services will be enhanced. This can only benefit regional areas, such as Newcastle, that depend so much on the resources that aviation provides.

Terrorist attacks in the United States on 11 September 2001, nine years ago this Friday, reinforced the importance of the security of aviation operations globally, including in Australia. September 11 demonstrated the potential for disaster, where the repercussions are still being felt globally. Since the incidents on September 11, the coalition took action to improve aviation in security in Australia. Since this time, over $1 billion has been spent to enhance aviation security.

The coalition provided additional funding to improve security in the air cargo industry, and the second amendment will continue with the coalition’s commitment by allowing unannounced aviation security inspections of businesses involved in air cargo. Currently, inspectors are only able to exercise their powers without notice within the boundaries of a security controlled airport. This amendment will extend their inspection powers to sites not located at airports, without the need to provide prior notice. It is important to note to the House that such an inspection would only be carried out at a time when the site is open and operating, and it would only be carried out at sites directly associated with aviation security. Under no circumstances does this amendment propose to grant inappropriate powers to aviation security inspectors; it merely seeks to extend the current powers to cover non-airport sites related to aviation security.

The third amendment will introduce the option of enforceable undertakings as a compliance measure. There currently exists a variety of sanctions available to aviation authorities. For example, if an aviation industry participant was to contravene the act, or breach their transport security program, the authorities are able to issue an infringement notice. If a stronger response is warranted, the next step would be court action, which may require shutting down the activities of the aviation industry participant. Therefore, enforceable undertakings would provide an appropriate midrange sanction in some cases. Enforceable undertakings would require aviation industry participants to take or refrain from taking specified actions.

Under the amendment, the secretary of the department would be allowed to enter into enforceable undertakings with aviation industry participants in relation to all matters that are dealt with under the act. The department would establish the terms of an enforceable undertaking in consultation with aviation industry participants. The breach of an enforceable undertaking would enable the secretary to apply to the Federal Court for an order to direct compliance. It is very important that the views and concerns of airlines, air cargo agents, airport operators and other industry participants are taken on board when resolving security issues. This amendment is designed to encourage voluntary solutions to minor security issues.

The fourth and final amendment will allow aviation security to issue compliance control directions in a wider range of circumstances, such as to airport operators or screening authorities. This will enable inspectors to direct screening authorities or airport operators to take specified actions in relation to the airport, or to screening points at the airport, in the same way that they are currently able to direct pilots or aircraft operators. Overall, the bill will provide more flexible and appropriate security regimes that will enhance aviation security without imposing undue or excessive restrictions on industry participants.

Therefore, the coalition supports these amendments unreservedly.

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