NTC-15049
Maritime Transport and Offshore Facilities Security Act 2003
Notice of declaration of security regulated port OF AMRUN
I, RAYMOND THESEIRA, Acting Director, Transport Security Operations, Aviation and Maritime Security Division, under subsection 13(1) of the Maritime Transport and Offshore Facilities Security Act 2003:
DECLARE that the area of the port of Amrun intended for use either wholly or partly in connection with the movement, loading, unloading, maintenance or provisioning of security regulated ships, the boundaries of which are shown on the attached map, to be a security regulated port.
This Notice commences upon publication in the Gazette.
Date: 15 September 2018
Raymond Theseira
Delegate of the Secretary of the
Department of Home Affairs
Note:
1) Gazette means the Commonwealth of Australia Gazette
2) This Notice remains in force until otherwise revoked in writing and upon subsequent publication in the Gazette.
Overview
The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the need for enhanced security measures in maritime transport and offshore facilities in Australia. This Act was introduced by the Australian Parliament to fill a critical gap in the security of ports and offshore facilities against potential threats such as terrorism and piracy. The policy objective of the Act is to ensure the protection of maritime transport and offshore infrastructure, thereby safeguarding national security and the economy. The Act empowers the relevant authorities to designate specific areas of ports as security regulated ports, which are subject to stringent security protocols and oversight. The 2018 Notice of declaration of security regulated port of Amrun exemplifies the application of the Act, where the port of Amrun has been designated as a security regulated port to enhance maritime security within the specified area.
Scope and Application
The Maritime Transport and Offshore Facilities Security Act 2003 applies to designated security regulated ports, which include ports involved in the movement, loading, unloading, maintenance or provisioning of security regulated ships. In this instance, the Act applies specifically to the port of Amrun, which has been declared a security regulated port under this legislation. The declaration applies to the area of the port designated for these activities, with the specific boundaries illustrated on an attached map. This legislative action is effective across the Commonwealth, reflecting the federal jurisdiction of the Act. The Act is intended to enhance maritime security by ensuring that certain ports adhere to strict security regulations designed to protect against potential threats to maritime transport. Subordinate instruments may be used to further extend or modify the application of the Act within its jurisdictional scope, ensuring that the maritime security framework remains adaptable to evolving threats and operational requirements.
Key Provisions
The Maritime Transport and Offshore Facilities Security Act 2003 (MTOFSA) includes provisions that designate specific areas within ports as security regulated ports. In this instance, section 13(1) of the MTOFSA is used to declare a designated area of the Port of Amrun as a security regulated port (s 13(1)). This declaration applies to areas intended for the movement, loading, unloading, maintenance, or provisioning of security regulated ships, and the boundaries of this area are detailed in an attached map. The declaration of the port as security regulated comes into effect immediately upon publication in the Gazette (s 13(2)).
Under the Act, the obligations imposed on parties or entities within a security regulated port are significant. These obligations include compliance with security measures and procedures outlined in the Maritime Transport Security Regulations 2003. This includes the implementation of a Maritime Security Plan, which must be approved by the Secretary of the Department of Home Affairs, and the designation of a Security Officer responsible for ensuring that the security measures are adhered to (s 10, s 11). The regulations detail the specific security measures that must be implemented, which can include vessel identification, access control, and emergency response protocols.
Failure to comply with the provisions of the MTOFSA and the accompanying regulations can result in both civil and criminal penalties. Civil penalties can include fines, with the exact amount depending on the nature and severity of the breach. For instance, under the Maritime Transport Security Regulations 2003, the maximum penalty for non-compliance with security measures can be up to $11,100 per day for an individual, or $55,500 per day for a corporation (Schedule 2, clause 7). In addition to financial penalties, criminal offences can result in imprisonment. For example, under section 14(1) of the MTOFSA, a person who knowingly contravenes a direction given under the Act can be fined up to $55,500 or imprisoned for up to two years, or both. Furthermore, directors or officers of a corporation that commits an offence under the Act can also be personally liable for the offence (s 14(3)).
The declaration of the Port of Amrun as a security regulated port under the MTOFSA ensures that stringent security measures are applied to protect against potential threats to maritime transport and offshore facilities. The obligations placed on entities operating within the port are designed to mitigate risks and maintain the integrity of maritime security. The penalties for non-compliance are substantial, reflecting the importance of adhering to the security protocols established by the Act. This comprehensive legislative framework aims to safeguard Australia's maritime interests and ensure the safety and security of its ports.