Maritime Transport and Offshore Facilities Security Regulations 2003
EXEMPTION FROM HOLDING, CARRYING AND DISPLAYING A MARITIME SECURITY IDENTIFICATION CARD (MSIC)
I, PETER WHITE, General Manager, Transport Security Operations, Office of Transport Security, under regulation 6.07M of the Maritime Transport and Offshore Facilities Security Regulations 2003 (the Regulations), GIVE specified employees of DP World Australia Limited in the maritime security zones at the DP World Australia Limited terminal sties detailed below an exemption from displaying a MSIC as set out in Part 6 of the Regulations on the condition that:
- The Regulations must still be adhered to regarding the requirement to hold a MSIC; and
- The exemption only applies within the boundaries of the DP World Australia Limited controlled maritime security zone established under section 102(1) of the Maritime Transport and Offshore Facilities Security Act 2003 at the:
a) Port of Melbourne – West Swanson Terminal; and
b) Port of Brisbane – Fisherman’s Island Terminal; and
c) Port Botany – Port Botany Terminal; and
d) Port of Fremantle – Port of Fremantle Terminal. - The exemption only applies to direct employees of DP World Australia Limited that are duly authorised and required to operate DP World Australia Limited mobile site equipment; and
- The exemption only applies when the holder of the MSIC is mounted upon and operating mobile site equipment fitted with a MSIC enabled start control system, and the MSIC is inserted in the card reader/cradle for this purpose; and
- At all times other than specified above the MSIC is to be properly displayed within the maritime security zone in accord with the Regulations.
This exemption operates from 1 May 2016 and ceases on 30 April 2018, unless revoked earlier.
Date: 23 March 2016
Peter White
Delegate of the Secretary of the
Department of Infrastructure and Regional Development
Overview
The Maritime Transport and Offshore Facilities Security Regulations 2003, enacted by the Parliament of Australia, address security concerns within maritime transport and offshore facilities. This legislation was introduced to fill a significant gap in the protection of Australia's maritime infrastructure against security threats. The Regulations, administered by the Office of Transport Security under the Department of Infrastructure and Regional Development, aim to ensure that security protocols are strictly followed to safeguard Australia's maritime assets. The policy objective is to balance security requirements with operational efficiency, particularly in areas where the use of mobile site equipment is critical to maritime operations. This exemption for specified employees of DP World Australia Limited, operating within designated maritime security zones, reflects a pragmatic approach to maintaining security while facilitating necessary business activities.
Scope and Application
The Maritime Transport and Offshore Facilities Security Regulations 2003 provide comprehensive security measures for maritime transport and offshore facilities, with specific requirements for the holding, carrying, and displaying of Maritime Security Identification Cards (MSIC). The exemption outlined in the NTC-10688 Maritime Transport and Offshore Facilities Security Regulations 2003 applies specifically to specified employees of DP World Australia Limited operating within designated maritime security zones at the company's terminal sites in the Port of Melbourne, Port of Brisbane, Port Botany, and Port of Fremantle. The exemption allows these employees an exception from the usual requirement to display a MSIC when they are mounted upon and operating mobile site equipment fitted with a MSIC enabled start control system, provided the MSIC is inserted in the card reader/cradle for this purpose. However, the exemption does not relieve these employees of the obligation to hold a valid MSIC and mandates that the MSIC be properly displayed in the maritime security zone at all other times. This exemption is limited to the boundaries of the DP World Australia Limited controlled maritime security zones and is effective from 1 May 2016 until 30 April 2018, unless revoked earlier.
Key Provisions
The Maritime Transport and Offshore Facilities Security Regulations 2003 (the Regulations) detail the requirements for the holding, carrying, and displaying of Maritime Security Identification Cards (MSIC). Regulation 6.07M specifically provides an exemption for certain employees of DP World Australia Limited. These employees are granted an exemption from displaying their MSIC under specific conditions (reg. 6.07M). The exemption applies to authorised employees operating DP World Australia Limited's mobile site equipment within the maritime security zones of the terminals at the Port of Melbourne, Port of Brisbane, Port Botany, and Port of Fremantle (reg. 6.07M(2)(a)–(d)). However, these employees must still hold an MSIC as required by the Regulations (reg. 6.07M(3)(a)). The exemption only applies when these employees are operating mobile site equipment fitted with a MSIC-enabled start control system, and their MSIC is inserted in the card reader/cradle (reg. 6.07M(3)(b)). Outside of these conditions, the MSIC must be properly displayed within the maritime security zone (reg. 6.07M(3)(c)).
The Act imposes obligations on DP World Australia Limited and its employees. These employees must adhere to the Regulations regarding the holding of an MSIC, even when exempt from displaying it under certain conditions (reg. 6.07M(3)(a)). They must also ensure that the exemption applies strictly within the defined maritime security zones and only when operating specified mobile site equipment with the MSIC-enabled start control system (reg. 6.07M(3)(b) and (c)). DP World Australia Limited is responsible for ensuring that its employees comply with these conditions to maintain the security integrity of the maritime zones.
Failure to comply with the conditions set out in the Regulations, or misuse of the exemption, could result in serious consequences. Breaches of the Regulations may be considered an offence under the Maritime Transport and Offshore Facilities Security Act 2003, potentially leading to civil or criminal penalties. While the specific penalties are not detailed in the exemption notice, the Act generally provides for substantial fines and, in serious cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, but they underscore the importance of adhering to the conditions of the exemption.