Maritime Transport and Offshore Facilities Security Act 2003
Notice of declaration of security regulated port – PORT ADELAIDE
I, JACQUELINE IRELAND, Acting Director, Transport Security Operations, Office of
Transport Security, under subsection 13(1) of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act):
REVOKE the declaration of the security regulated port of Port Adelaide published in the Gazette (C2014G00997, 19 June 2014); and
DECLARE that the area of the port of Port Adelaide 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 maps, to be
a security regulated port.
This Notice commences upon publication in the Gazette.
Date: 04 April 2016
Jacqui Ireland
Delegate of the Secretary of the
Department of Infrastructure and Regional Development
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.
RAT339-01
Overview
The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Parliament of Australia to address the need for enhanced security measures within maritime transport and offshore facilities, particularly in relation to regulated ships and ports. This legislation was introduced to ensure that the movement, loading, unloading, maintenance, or provisioning of such ships are conducted in a secure environment, thereby protecting national security and economic interests. The policy objective is to safeguard Australia's maritime domain against potential threats, including terrorism and other security risks. As part of this commitment, the Act allows for the declaration of specific ports as "security regulated ports," thereby requiring stringent security measures within these areas. The Act empowers relevant authorities, such as the Acting Director of Transport Security Operations, to revoke or declare such ports, ensuring that security protocols are appropriately enforced and adapted as necessary.
Scope and Application
The Maritime Transport and Offshore Facilities Security Act 2003 applies to security regulated ships and security regulated ports, encompassing vessels and port areas that are designated under the Act. This Act pertains to the protection of maritime transport and offshore facilities, ensuring that appropriate measures are in place to prevent security threats. The Act applies to both individuals and entities involved in the maritime industry, including ship operators, port authorities, and other stakeholders. The geographic reach of the Act is national, as it is a Commonwealth Act, and thus applies across Australia. The Act may extend its application through subordinate instruments, such as regulations and notices, which can specify further details or amendments to the principal Act. Notably, the Act does not specify exclusions or exemptions explicitly in this notice, but it is understood that security regulated ports and ships are subject to stringent security requirements, which may vary based on the nature of the port or vessel and the specific security threat level. This notice revokes the previous declaration of Port Adelaide as a security regulated port and re-declares it under the updated security measures as of the date of publication in the Gazette.
Key Provisions
The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) provides a framework for ensuring the security of maritime transport and offshore facilities in Australia. One of the key provisions of the Act is the declaration of security regulated ports. Section 13(1) of the Act allows the Acting Director, Transport Security Operations, to revoke and declare areas within a port as security regulated ports. In this context, the Acting Director, Transport Security Operations, has revoked the previous declaration of Port Adelaide as a security regulated port (C2014G00997, 19 June 2014) and has declared a specific area of Port Adelaide as a security regulated port (paragraph 2). This new declaration pertains to the part of the port used for activities such as the movement, loading, unloading, maintenance, or provisioning of security regulated ships. The boundaries of the newly declared area are outlined on the attached maps.
The Act imposes several obligations and requirements on parties and entities within the security regulated port. These include compliance with security measures and regulations set forth in the Act, such as the implementation of security plans, risk assessments, and security drills. The declared port area must adhere to the specific security measures outlined in the Maritime Transport and Offshore Facilities Security Regulations 2003. Furthermore, operators and users of the port must cooperate with the Transport Security Operations to ensure the enforcement of these security provisions. This includes providing necessary information and access to the authorities for security inspections and assessments.
Failure to comply with the requirements of the Maritime Transport and Offshore Facilities Security Act 2003 can lead to various civil, criminal, and administrative consequences. Section 18 of the Act states that any person who contravenes the Act, including its regulations, is liable to a penalty. The maximum penalty for an individual is 500 penalty units, which equates to approximately AUD 55,000, and for a corporation, the penalty can be significantly higher, up to 5,000 penalty units, or about AUD 550,000. In addition to financial penalties, breaches may also result in other civil or criminal actions, such as injunctions or prosecution, depending on the nature and severity of the contravention. It is crucial for all parties within the security regulated port to adhere to the Act's provisions to avoid these potential consequences.