Exemption from holding, carrying and displaying a maritime security identification card (msic) (15/07/2016)

Overview

The Maritime Transport and Offshore Facilities Security Regulations 2003 were enacted to ensure the security of maritime transport and offshore facilities within Australia, addressing the need for stringent security measures in these critical areas. The Regulations are administered under the Maritime Transport and Offshore Facilities Security Act 2003, with the primary policy objective of enhancing the security framework to protect against potential terrorist threats and other risks. Recently, an exemption was issued under regulation 6.07M of these Regulations, allowing specified employees of Australian Amalgamated Terminals Pty Ltd, Patrick Stevedore Operations Pty Limited, and Qube Ports Pty Ltd an exemption from displaying a Maritime Security Identification Card (MSIC) within certain maritime security zones at designated terminal sites, provided they adhere to other regulatory requirements. This exemption aims to facilitate operational efficiency while maintaining overall security standards within the specified maritime security zones.

Scope and Application

The Maritime Transport and Offshore Facilities Security Regulations 2003, as amended by the exemption notice issued by Gregory Cox, General Manager, Transport Security Operations - Reform, Office of Transport Security, provides a specified exemption for certain employees operating mobile site equipment within maritime security zones at designated Australian Amalgamated Terminals Pty Ltd sites. This exemption allows direct employees of Australian Amalgamated Terminals Pty Ltd, Patrick Stevedore Operations Pty Limited, and Qube Ports Pty Ltd, who are authorised to operate mobile site equipment, to not display their Maritime Security Identification Card (MSIC) while mounted on and operating such equipment if the MSIC is inserted in a card reader/cradle. However, these employees must still hold an MSIC and ensure it is properly displayed at all other times within the maritime security zone, in compliance with the Regulations. This exemption is applicable only within the maritime security zones at Fisherman Islands in Brisbane, Port Kembla Terminal in Port Kembla, Appleton Dock and Web Dock in Melbourne, and it operates from 22 September 2016 until 21 September 2019, unless revoked earlier.

Key Provisions

The Maritime Transport and Offshore Facilities Security Regulations 2003 (Regulations) govern the security of maritime transport and offshore facilities, and section 6.07M specifically addresses the exemption of certain employees from displaying a Maritime Security Identification Card (MSIC) in particular maritime security zones. Under this regulation, certain employees of Australian Amalgamated Terminals Pty Ltd, Patrick Stevedore Operations Pty Limited, and Qube Ports Pty Ltd are exempted from displaying a MSIC under specific conditions. These employees are still required to hold a MSIC but are exempt from displaying it when operating mobile site equipment with an enabled start control system and the MSIC inserted in the card reader/cradle. This exemption is strictly limited to situations where the employees are mounted on and operating the mobile site equipment. Outside these conditions, the MSIC must be properly displayed in accordance with the Regulations. The exemption applies within the maritime security zones of Fisherman Islands – Port of Brisbane QLD; Port Kembla Terminal – Port Kembla NSW; Appleton Dock – Port of Melbourne VIC; and Web Dock – Port of Melbourne VIC. The Regulations impose specific obligations on the parties involved. Firstly, employees must still hold a MSIC, ensuring they have the necessary identification and credentials for maritime security purposes. Secondly, the exemption only applies to authorised employees operating mobile site equipment and only when the equipment is in use and the MSIC is inserted in the start control system. Finally, during all other times within the maritime security zones, the MSIC must be displayed as per the Regulations. These obligations ensure that while operational flexibility is granted, the core security requirements are not compromised. Breach of the Regulations, including failing to adhere to the conditions of the exemption, can result in civil or criminal consequences. The specific penalties are not detailed in the text, but under the broader Maritime Transport and Offshore Facilities Security Act 2003, breaches can lead to substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, but it is clear that non-compliance carries significant risks. The exemption is time-bound, operating from 22 September 2016 until 21 September 2019, unless revoked earlier, underscoring the importance of adhering to the terms and conditions outlined in the Regulations.