Exemption from Carrying and Displaying a Maritime Security Identification Card (MSIC) - Esso Australia Pty Ltd

Overview

The Maritime Transport and Offshore Facilities Security Regulations 2003 were enacted to address the need for enhanced security measures in maritime transport and offshore facilities in Australia. This legislation was introduced by the Australian Parliament to safeguard national interests and protect critical infrastructure from potential security threats. The policy objective of the Regulations is to ensure the safety and security of maritime transport and offshore facilities through the implementation of comprehensive security measures. In the case of Esso Australia Pty Ltd, an exemption from carrying and displaying a Maritime Security Identification Card (MSIC) has been granted for personnel and contractors in specific offshore security zones. This exemption is applicable to various offshore facilities, including Barracouta, Bream A, Bream B, Cobia, Dolphin, Flounder, Fortescue, Halibut, Kingfish A, Kingfish B, Mackerel, Marlin A, Marlin B, Perch, Snapper, Tuna, West Kingfish, West Tuna, and Whiting. This exemption is contingent upon the personnel and contractors adhering to certain conditions, such as securely stowing the MSIC when not in use and ensuring that visitors without an MSIC are escorted or monitored by an MSIC holder. The exemption, issued by Pauline Margaret Sullivan, General Manager of Transport Security Operations at the Office of Transport Security, under subregulation 6.07M(2) of the Maritime Transport and Offshore Facilities Security Regulations 2003, is effective from the date of publication in the Gazette and remains in force until 1 November 2016, unless revoked earlier. This exemption aims to streamline operations for Esso Australia Pty Ltd while maintaining the overall security requirements of the Regulations.

Scope and Application

The Maritime Transport and Offshore Facilities Security Regulations 2003, as amended, govern the security of maritime transport and offshore facilities within Australia's jurisdiction, and this specific exemption applies to personnel and contractors of Esso Australia Pty Ltd. The exemption pertains to the carrying and display of a Maritime Security Identification Card (MSIC) in offshore security zones of certain security-regulated offshore facilities listed in the gazette. These facilities include Barracouta, Bream A, Bream B, Cobia, Dolphin, Flounder, Fortescue, Halibut, Kingfish A, Kingfish B, Mackerel, Marlin A, Marlin B, Perch, Snapper, Tuna, West Kingfish, West Tuna, and Whiting. The exemption applies to these locations and remains in force until 1 November 2016, unless revoked earlier. It is crucial to note that this exemption only relieves the obligation to carry and display an MSIC while retaining the requirement to hold one. Furthermore, MSICs not in use must be securely stored on the facility and accessible upon request, and visitors without an MSIC must be escorted or monitored by an MSIC holder.

Key Provisions

The Maritime Transport and Offshore Facilities Security Regulations 2003 (the Regulations) govern the security of maritime transport and offshore facilities in Australia. Specifically, subregulation 6.07M(2) provides for exemptions from carrying and displaying a Maritime Security Identification Card (MSIC). Under this subregulation, Pauline Margaret Sullivan, as General Manager Transport Security Operations, has issued an exemption for all personnel and contractors of Esso Australia Pty Ltd when they are in the offshore security zones of certain facilities. These facilities include Barracouta, Bream A, Bream B, Cobia, Dolphin, Flounder, Fortescue, Halibut, Kingfish A, Kingfish B, Mackerel, Marlin A, Marlin B, Perch, Snapper, Tuna, West Kingfish, West Tuna, and Whiting. This exemption is conditional and does not exempt personnel from the requirement to hold an MSIC. The exemption only removes the need to display and carry the MSIC while in the specified offshore security zones. It mandates that when not being carried by the holder, the MSIC must be securely stowed on the facility and available for production upon request. Visitors to these facilities who do not possess an MSIC or a temporary MSIC must be escorted within the offshore security zones or monitored by someone who holds an MSIC. The exemption, effective from the date of its publication in the Gazette and lasting until 1 November 2016, unless revoked earlier, imposes several obligations on the personnel and contractors of Esso Australia Pty Ltd. They must adhere to the condition that while the MSIC need not be carried or displayed, it must still be available for production if required. Additionally, they must ensure that any visitors without an MSIC are either escorted or monitored by someone with an MSIC. This requirement ensures that security protocols are not compromised despite the exemption from carrying the MSIC. Any breach of the conditions outlined in this exemption could result in serious consequences. The Regulations provide for both civil and criminal penalties for non-compliance. For example, failure to ensure that visitors without an MSIC are escorted or monitored could lead to civil penalties. Criminal penalties may apply if the breach results in a significant security incident. The exact penalties are stipulated in the broader provisions of the Regulations, with potential maximum penalties available under the relevant sections for serious breaches. The exemption, therefore, comes with the responsibility of strict adherence to the specified conditions to avoid these potential consequences.