Exemption from Displaying a Maritime Security Identification Card in Australian Amalgamated Terminals Pty Ltd - Fisherman's Island, Port Kembla, Appleton Dock and Webb Dock

Overview

The Maritime Transport and Offshore Facilities Security Regulations 2003 were enacted to address security concerns associated with maritime transport and offshore facilities in Australia. The regulations were introduced by the Commonwealth of Australia Parliament and are administered by the Secretary of the Department of Infrastructure and Regional Development. The overarching policy objective of these regulations is to ensure the security of maritime transport and offshore facilities through the implementation of measures that mitigate the risk of terrorist attacks and other security threats. In a specific instance, Pauline Margaret Sullivan, as the General Manager of Transport Security Operations, issued an exemption notice on 17 September 2014 under regulation 6.07M of the Maritime Transport and Offshore Facilities Security Regulations 2003. This exemption pertains to the display of Maritime Security Identification Cards (MSIC) within Australian Amalgamated Terminals Pty Limited controlled maritime security zones at designated facilities, including Fisherman Islands in the Port of Brisbane, Port Kembla Terminal, Appleton Dock, and Webb Dock in the Port of Melbourne. The exemption applies to authorised employees of Australian Amalgamated Terminals Pty Limited, Patrick Stevedore Operations Pty Limited, and Qube Ports Pty Ltd operating mobile site equipment, provided that the MSIC is inserted into the card reader cradle for the purpose of activating the MSIC-enabled start control. This exemption is effective from 22 September 2014 and will remain in place until 21 September 2016, unless revoked earlier.

Scope and Application

The Maritime Transport and Offshore Facilities Security Regulations 2003, as amended, provide specific security measures for maritime transport and offshore facilities across Australia. This particular exemption notice issued under regulation 6.07M pertains to the requirement for displaying a Maritime Security Identification Card (MSIC) within the maritime security zones controlled by Australian Amalgamated Terminals Pty Limited at specified facilities. The exemption applies solely within the boundaries of the maritime security zones at Fisherman Islands, Port of Brisbane QLD, Port Kembla Terminal, Port Kembla NSW, Appleton Dock, Port of Melbourne VIC, and Webb Dock, Port Of Melbourne VIC. It is limited to employees of Australian Amalgamated Terminals Pty Limited, Patrick Stevedore Operations Pty Limited, and Qube Ports Pty Ltd who are authorised and required to operate mobile site equipment. The exemption is further conditional upon the MSIC being inserted into a card reader cradle when operating such equipment. This exemption operates from 22 September 2014 until 21 September 2016 unless revoked earlier. Outside the conditions specified, the requirement to properly display the MSIC within the maritime security zones remains mandatory.

Key Provisions

The Maritime Transport and Offshore Facilities Security Regulations 2003, under regulation 6.07M, provides an exemption from displaying a Maritime Security Identification Card (MSIC) for certain employees within specified maritime security zones controlled by Australian Amalgamated Terminals Pty Limited. This exemption applies to employees of Australian Amalgamated Terminals Pty Limited, Patrick Stevedore Operations Pty Limited, and Qube Ports Pty Ltd who are authorised and required to operate mobile site equipment. The exemption is valid only within the boundaries of the maritime security zones at Fisherman Islands, Port of Brisbane QLD; Port Kembla Terminal, Port Kembla NSW; Appleton Dock, Port of Melbourne VIC; and Webb Dock, Port Of Melbourne VIC. It is contingent upon the MSIC being inserted into a card reader cradle when operating the equipment. Outside of these conditions, the MSIC must still be properly displayed. Entities governed by this Act, particularly the aforementioned companies, must ensure compliance with the conditions of the exemption. They must confirm that only authorised employees who operate mobile site equipment are exempt from displaying the MSIC. The responsibility lies with the companies to verify that their employees meet the criteria for exemption and are aware of the boundaries and conditions under which the exemption applies. Additionally, the companies must ensure that all employees who do not fall under the exemption criteria still comply with the requirement to display the MSIC within the maritime security zones. Failure to comply with the provisions of the Regulations can lead to legal consequences. While the specific penalties are not detailed in this excerpt, breaches of maritime security regulations can result in substantial fines and imprisonment. The penalties may vary depending on the severity of the breach and the specific regulations violated. Companies found in breach of the security requirements may face civil actions, including compensation for damages, as well as criminal charges that could lead to fines and imprisonment for responsible individuals. The enforcement of these regulations is crucial to maintaining the security and safety of maritime transport and offshore facilities.