Notice of Declaration of Security Regulated Offshore Facility – Marlin A

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the need for improved security measures for maritime transport and offshore facilities within Australian jurisdiction. This Act was introduced by the Australian Parliament to safeguard critical infrastructure and assets from potential threats, ensuring the protection of national security and economic interests. The policy objective of the Act is to establish a framework for the security regulation of offshore facilities, particularly those involved in the extraction of petroleum, by imposing stringent security requirements. This legislative instrument revokes the previous security regulation status of the Marlin offshore facility and declares a new facility, Marlin A, as a security regulated offshore facility, effective from the date of its publication in the Gazette. The revocation and declaration are executed by the Acting Regional Director, Transport Security Operations, under the authority of the Department of Infrastructure and Regional Development.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to offshore facilities and their associated activities, specifically targeting those involved in the extraction of petroleum from the seabed or its subsoil. This Act, a Commonwealth statute, extends its jurisdictional reach across the entire maritime domain of Australia, encompassing offshore areas where designated facilities are situated. The Act mandates security measures for facilities classified as security regulated offshore facilities, ensuring they comply with stringent security protocols to safeguard against potential threats. Beverley Hazel Sewell, as the Acting Regional Director of Transport Security Operations, has the authority to declare certain offshore facilities as security regulated, as evidenced in the revocation and declaration of the Marlin facility. The Act allows for the modification of such classifications via subordinate instruments, maintaining flexibility in response to changing security needs. Exclusions or exemptions from the Act's requirements are not specified within this notice, implying that once declared, all security regulated offshore facilities must adhere to the prescribed security measures.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) contains provisions for regulating the security of offshore facilities. Section 17B(1) of the Act empowers the Acting Regional Director to declare certain offshore facilities as security regulated. The recent Notice issued under this section revokes the previous declaration for the Marlin offshore facility, published in the Gazette (No. S162, 21 September 2005) and instead declares Marlin A, another offshore facility used in the extraction of petroleum, as a security regulated offshore facility. This Notice takes effect upon publication in the Gazette on 25 July 2004, and it remains in force until it is revoked in writing and subsequently published in the Gazette. Under the Act, the declaration of an offshore facility as security regulated imposes certain obligations on the facility owner or operator. These obligations include the development and implementation of a facility security plan (Section 17A(2)) and the appointment of a security officer to oversee the plan's execution (Section 17A(3)). The facility security plan must outline the measures taken to protect the facility against security threats, including those identified in the risk assessment (Section 17A(4)). The security officer is responsible for ensuring compliance with the plan and reporting to the appropriate authorities as required. Failure to comply with the obligations imposed by the Act can result in significant penalties. Under Section 17D(1), any person who contravenes a direction given by the Director under Section 17B(1) is liable to a civil penalty of up to 5,000 penalty units for an individual and up to 25,000 penalty units for a body corporate. Additionally, under Section 17D(2), any person who contravenes a requirement of the Act in relation to a security regulated offshore facility is liable to a criminal penalty of up to 10,000 penalty units for an individual and up to 50,000 penalty units for a body corporate. It is important to note that the maximum penalties are subject to change and should be verified against the most current legal provisions.