Exemption from Displaying a Maritime Security Identification Card - DP World Australia

Overview

The Maritime Transport and Offshore Facilities Security Act 2003, enacted by the Parliament of Australia, was introduced to address security concerns associated with maritime transport and offshore facilities. This legislation aims to ensure that appropriate security measures are in place to protect these facilities and vessels from potential threats. It establishes a regulatory framework to oversee maritime security, including the requirement for individuals working within maritime security zones to display a Maritime Security Identification Card (MSIC). The policy objective is to enhance the security of Australia's maritime domain by providing for the regulation of maritime security and the control of access to designated maritime security zones. The Act aims to mitigate risks to the nation's maritime infrastructure and trade by ensuring that personnel working in these zones are adequately vetted and monitored.

Scope and Application

The Maritime Transport and Offshore Facilities Security Regulations 2003, under the authority of the Maritime Transport and Offshore Facilities Security Act 2003, outline the requirements for maritime security identification cards (MSIC) to ensure the security of maritime transport and offshore facilities. These regulations apply to all individuals and entities involved in maritime activities within Australia, including shipping companies, port operators, and terminal authorities, as well as their employees and contractors. The scope of these regulations is national, as they extend across all Australian maritime security zones, including ports and offshore facilities. However, specific exemptions can be granted under certain conditions, such as for employees operating mobile site equipment within controlled maritime security zones. In this particular exemption notice, Pauline Margaret Sullivan, as the General Manager of Transport Security Operations, has granted an exemption to specified employees of DP World Australia from displaying a MSIC in certain maritime security zones, provided they are operating mobile site equipment fitted with a MSIC enabled start control system and the MSIC is inserted in the card reader/cradle. This exemption is strictly limited to the designated terminals at the Port of Melbourne, Port of Brisbane, Port Botany, and Port of Fremantle, and it applies only to authorised employees of DP World Australia. The exemption is effective from the date of the notice and will cease on 30 April 2016, unless revoked earlier.

Key Provisions

The Maritime Transport and Offshore Facilities Security Regulations 2003 (the Regulations) contain specific provisions concerning the display of Maritime Security Identification Cards (MSIC). Regulation 6.07M, as exercised by Pauline Margaret Sullivan, General Manager, Transport Security Operations, Office of Transport Security, provides an exemption for specified employees of DP World Australia in maritime security zones at designated terminal sites (6.07M). These employees are exempt from displaying their MSIC under certain conditions. They must still hold an MSIC and comply with the Regulations in other respects (6.07M(2)). The exemption applies only within the boundaries of DP World Australia’s controlled maritime security zones established under section 102(1) of the Maritime Transport and Offshore Facilities Security Act 2003 at four specific terminal sites: the West Swanson Terminal in the Port of Melbourne, the Fisherman’s Island Terminal in the Port of Brisbane, the Port Botany Terminal in Port Botany, and the Port of Fremantle Terminal in the Port of Fremantle (6.07M(3)). Furthermore, the exemption applies only to employees authorised and required to operate DP World Australia mobile site equipment within these zones (6.07M(4)). For the exemption to be valid, the MSIC must be inserted in the card reader/cradle of the MSIC-enabled start control system of the mobile site equipment (6.07M(4)(a)). When the conditions for the exemption are not met, the MSIC must be properly displayed within the maritime security zone in accordance with the Regulations (6.07M(5)). This means that employees must ensure their MSIC is visible whenever they are not operating the specified mobile site equipment. The exemption is in effect from the date of the notice, 17 April 2014, and will remain in force until 30 April 2016, unless it is revoked earlier (6.07M(6)). The strict adherence to the conditions set forth is crucial to maintain security within the designated maritime zones. Breach of the conditions outlined in the exemption may lead to serious consequences. Non-compliance with the Maritime Transport and Offshore Facilities Security Regulations 2003 could result in both civil and criminal penalties. Under the Maritime Transport and Offshore Facilities Security Act 2003, individuals or entities found to be in breach of the Act may face fines and/or imprisonment. The maximum penalties for breaches of the Act can include substantial fines up to $105,000 for individuals and $525,000 for corporations, along with potential imprisonment terms (Part 5). Such stringent measures underscore the importance of adhering to the specified conditions and maintaining maritime security within the designated zones.