EXPLANATORY STATEMENT
Issued by Authority of the delegate of the Secretary of the Department of Transport and Regional Services
Maritime Transport and Offshore Facilities Security Act 2003
Notice About How Incident Reports Are To Be Made
The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) establishes a regulatory framework to safeguard against unlawful interference with maritime transport. To achieve this purpose, the Act establishes minimum security requirements for maritime transport in Australia by imposing obligations on persons engaged in maritime transport related activities.
The obligations include the reporting of maritime transport security incidents to the Secretary by the following:
Paragraph 177(2)(a) of the Act requires a port operator to report maritime transport security incidents that relate to the port of the port operator.
Paragraph 178(2)(a) of the Act requires a ship master of a security regulated ship to report maritime transport security incidents that relate to the master’s ship.
Paragraph 179(2)(a) of the Act requires a ship operator for a security regulated ship to report maritime transport security incidents that relate to the security regulated ship of the ship operator.
Paragraph 180(2)(a) of the Act requires a port facility operator for a port facility within a security regulated port to report maritime transport security incidents that relate to the port facility operator’s port facility.
Subsection 181(2) of the Act requires a person with incident reporting responsibilities to report maritime transport security incidents. Each of the following is a person with incident reporting responsibilities:
(a) a maritime security inspector;
(b) a duly authorised officer;
(c) a maritime security guard;
(d) a screening officer;
(e) a maritime industry participant other than a participant who is a port operator, port facility operator, a ship operator, or an employee of a maritime industry participant.
Section 182(1) provides that the Secretary may publish a notice setting out information that must be included in a report of a maritime transport security incident and the way in which the report must be made.
The attached notice has been prepared to:
(a) Require the person reporting the maritime transport security incident to provide certain minimum information; and
(b) Require the report to be made to the DOTARS Office of Transport Security (OTS) Operations Centre in writing as soon as possible.
Information contained in reports will allow the Department to capture and efficiently monitor any unlawful interference with maritime transport that is, or is likely to be, a terrorist act relating to Australia. The DOTARS OTS Operations Centre will form a central point for receiving incident reports.
Under subsection 182(3) of the Act, if a person reports a maritime transport security incident, but does not comply with the requirements in the attached notice, the report is taken, for the purposes of Part 9 of the Act, not to have been made.
A failure to report a maritime transport security incident in accordance with Divisions 3 and 4 of Part 6 of the Act is an offence of strict liability under subsections 171(1), 172(1), 173(1), 174(1) and 175(1) of the Act.
Consultation with key stakeholders on the reporting requirements for maritime transport security incidents was undertaken in July and August 2005. DOTARS prepared a draft guidance paper and report form template and sought the views of a wide range of stakeholders including Maritime Industry Security Consultative Forum participants, State and Territory police, relevant Commonwealth government agencies, and security officers for maritime industry participants. DOTARS adopted a number of changes suggested by participants in the consultation process.
The Notice is a legislative instrument for the purpose of the Legislative Instruments Act 2003.
The Notice takes effect on the day after the notice’s registration on the Federal Register of Legislative Instruments and remains in force until revoked.
Overview
The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to establish a regulatory framework that safeguards against unlawful interference with maritime transport in Australia. This Act was introduced by the Commonwealth Parliament to address the problem of potential security threats to maritime transport and offshore facilities, aiming to protect critical maritime infrastructure and ensure the safety and security of maritime operations within Australia's jurisdiction. The policy objective of the Act is to impose minimum security requirements on persons engaged in maritime transport-related activities, ensuring that maritime transport security incidents are reported to the Secretary. The Act mandates that port operators, ship masters, ship operators, port facility operators, and other maritime security personnel report maritime transport security incidents to the Department of Transport and Regional Services' Office of Transport Security Operations Centre. This reporting mechanism is crucial for the efficient monitoring and management of potential security threats, particularly those related to terrorist activities.
Scope and Application
The Maritime Transport and Offshore Facilities Security Act 2003 sets out the requirements for safeguarding against unlawful interference with maritime transport in Australia. The Act applies to various persons and entities involved in maritime transport activities, including port operators, ship masters of security regulated ships, ship operators for security regulated ships, port facility operators within security regulated ports, and other maritime industry participants with incident reporting responsibilities. These obligations extend to the reporting of maritime transport security incidents to the Secretary, who is responsible for receiving and processing these reports through the Department of Transport and Regional Services Office of Transport Security (OTS) Operations Centre. The Act applies nationally across Australia, impacting maritime transport across all states and territories. While the Act imposes strict reporting requirements, it does not specify exclusions, exemptions, or thresholds for its application, leaving the interpretation and enforcement largely to the Department. The Act's scope can be extended or further defined through subordinate instruments, such as notices and guidelines, which provide detailed instructions on the reporting process and the information to be included in incident reports.
Key Provisions
The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) sets out the requirements for reporting maritime transport security incidents. Section 177(2)(a) mandates that port operators must report any maritime transport security incidents that pertain to their port. Similarly, ship masters of security regulated ships (section 178(2)(a)), ship operators of such ships (section 179(2)(a)), and port facility operators within security regulated ports (section 180(2)(a)) are required to report relevant incidents concerning their respective entities. Additionally, subsection 181(2) of the Act specifies that any person with incident reporting responsibilities must report maritime transport security incidents. These individuals include maritime security inspectors, duly authorised officers, maritime security guards, screening officers, and maritime industry participants who are not port operators, port facility operators, ship operators, or employees of a maritime industry participant.
The Act imposes several obligations on these entities and individuals to ensure the timely and accurate reporting of maritime transport security incidents. Specifically, these parties must submit reports to the Secretary, detailing any incidents that may be indicative of unlawful interference with maritime transport. This is crucial for the Department of Transport and Regional Services (DOTARS) to effectively monitor and respond to potential threats. The Secretary has the authority under section 182(1) to issue a notice specifying the information that must be included in these reports and the manner in which they should be submitted. The notice mandates that reports must be made to the DOTARS Office of Transport Security (OTS) Operations Centre in writing as soon as possible. This centralised approach ensures that all relevant information is efficiently captured and monitored.
Failure to comply with the requirements outlined in the notice for reporting maritime transport security incidents has significant consequences. Under subsection 182(3) of the Act, a report that does not comply with the notice is deemed not to have been made for the purposes of Part 9 of the Act. Furthermore, a failure to report a maritime transport security incident in accordance with Divisions 3 and 4 of Part 6 of the Act constitutes an offence of strict liability under subsections 171(1), 172(1), 173(1), 174(1), and 175(1) of the Act. This means that penalties may apply regardless of intent or negligence. The Act does not specify the maximum penalties for these offences, but it is understood that they can be severe, reflecting the importance of maintaining maritime security.