Exemption from Holding, Carrying and Displaying a Maritime Security Identification Card (MSIC)

Overview

The Maritime Transport and Offshore Facilities Security Regulations 2003 was enacted to ensure the security of maritime transport and offshore facilities, particularly in the context of potential threats to Australia’s maritime borders and offshore energy installations. The Regulations were introduced to address the need for stringent security measures in the maritime sector to protect against acts of piracy, terrorism, and other security risks. The policy objective of the Regulations is to establish a comprehensive framework for securing offshore facilities and vessels, thereby enhancing Australia’s maritime security infrastructure. Under the authority of the relevant federal legislation, the Regulations were enacted by the Parliament of Australia, with subsequent amendments and notices issued by the Department of Infrastructure and Transport to refine and adapt the security requirements as needed. This particular exemption notice, issued by Pauline Sullivan on behalf of the Department, aims to provide temporary relief to crew members of regulated foreign off-take vessels operating under specific conditions while ensuring that security protocols remain robust during periods of heightened alert.

Scope and Application

The Maritime Transport and Offshore Facilities Security Regulations 2003 (MTOSFSR 2003) provide the regulatory framework for ensuring the security of maritime transport and offshore facilities in Australia. Specifically, the exemption under regulation 6.07M applies to crew members on board regulated foreign off-take vessels, commonly known as shuttle tankers, who are permitted to enter an offshore water-side zone for the purpose of offloading crude oil or condensates. This exemption, issued by Pauline Margaret Sullivan, General Manager of Transport Security Operations, allows these crew members to be exempt from holding, carrying, or displaying a Maritime Security Identification Card (MSIC) under the conditions stipulated. The exemption is contingent upon the operators of the vessels being authorised by the offshore facility operator and is applicable during periods when offshore water-side zones are in force, specifically at Maritime Security Levels 1, 2, and 3. However, if crew members are required to board a regulated offshore facility, they must be escorted or continuously monitored by an MSIC holder. This exemption operates from the date of the notice, 18 September 2013, and is set to cease on 30 June 2016.

Key Provisions

The Maritime Transport and Offshore Facilities Security Regulations 2003, specifically under regulation 6.07M, provides an exemption from certain maritime security requirements for crew members on board regulated foreign off-take vessels, such as shuttle tankers, who are permitted to enter an offshore water-side zone for the purpose of offloading crude oil or condensates. This exemption is detailed in a notice issued by Pauline Margaret Sullivan, General Manager of Transport Security Operations, dated 18 September 2013. The exemption is effective from the date of the notice until 30 June 2016 and applies under specific conditions: it is limited to operators of regulated foreign off-take vessels who are authorised by the offshore facility operator to enter the offshore water-side zone, and it is only applicable when the offshore water-side zones are in force, i.e., when an offshore facility is at Maritime Security Levels 1, 2, or 3. The Regulations, as amended and enforced, impose several obligations on the parties involved. Primarily, the operators of the regulated foreign off-take vessels must ensure that their crew members are aware of the exemption and the conditions under which it applies. They must also guarantee that their vessels and crew are compliant with any other maritime security requirements not specifically exempted by this notice. Furthermore, if crew members from these vessels need to board a regulated offshore facility, they must be escorted or continuously monitored by an individual holding a Maritime Security Identification Card (MSIC), provided that the offshore facility zones are in force. This requirement ensures that appropriate oversight and security measures are maintained even in the absence of individual MSICs for the exempted crew members. Failure to comply with the terms of this exemption, or any other security-related obligations under the Maritime Transport and Offshore Facilities Security Regulations 2003, may result in various consequences. While the notice itself does not explicitly detail penalties, breaches of the Regulations generally can lead to enforcement actions under the Security of Critical Infrastructure Act 2018 and the Maritime Transport and Offshore Facilities Security Act 2003. Such breaches could result in both civil and criminal penalties, including fines and imprisonment, depending on the severity of the breach and the discretion of the court. The maximum penalties for contravening the Regulations can be significant, reflecting the importance of maritime and offshore facility security in Australia.