Notice of Declaration of Security Regulated Port – Port of Albany

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Parliament of Australia to address the growing need for security measures in maritime transport and offshore facilities, aiming to protect critical infrastructure from terrorist threats and other security risks. This Act provides the legal framework for the regulation of security in designated ports and offshore facilities, ensuring that appropriate measures are in place to safeguard Australia's maritime borders. The policy objective of the Act is to enhance the security of maritime transport and offshore facilities by establishing regulations that govern the identification, assessment, and management of security risks in these areas. The Act empowers the relevant authorities to declare certain ports as security regulated ports, thereby subjecting them to specific security requirements and oversight. On 25 October 2019, a Notice was published in the Gazette, revoking the previous declaration of the Port of Albany as a security regulated port and subsequently re-declaring it under the provisions of the Maritime Transport and Offshore Facilities Security Act 2003. This action was taken by Christine Deegan, the Director of Transport Security Operations in the Aviation and Maritime Security Division, under the authority granted by subsection 13(1) of the Act. The Notice, which came into effect upon its publication, outlines the new boundaries of the security regulated area at the Port of Albany, as depicted in the accompanying map. This re-declaration underscores the ongoing commitment to maintaining stringent security measures in Australia's maritime infrastructure.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to entities and individuals involved in maritime transport and offshore facilities within Australia. It pertains to the security of ships and port facilities, ensuring compliance with security regulations to protect against potential threats. The Act applies to ships that are classified as security regulated ships, meaning they are subject to certain security measures due to their size, type, or operational context. This legislation has a national jurisdictional reach as it is a Commonwealth Act, meaning it applies across all states and territories in Australia. The Act provides for the declaration of security regulated ports, which are areas within ports intended for use in connection with the movement, loading, unloading, maintenance, or provisioning of security regulated ships. This Act extends its application through subordinate instruments, such as the declaration and revocation of security regulated ports, as seen in the notice regarding the Port of Albany. The Act does not specify particular exclusions or exemptions, but the scope of its application can be influenced by such instruments, which allow for tailored security measures based on the specific needs of different ports and maritime operations.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) primarily outlines the provisions for ensuring the security of maritime transport and offshore facilities within Australia. Section 13(1) of the Act empowers the Director of Transport Security Operations to declare a port as a security regulated port if it is deemed necessary for national security reasons. In this instance, Christine Deegan, the Director, has used her authority under this section to revoke the previous declaration for the Port of Albany (section 13(1)) and to declare a specific area of the Port of Albany as a new security regulated port (section 13(1)). The Act imposes several obligations on parties and entities within the declared security regulated port. These include compliance with security measures and protocols set out by the Director. For example, entities such as shipping companies, port authorities, and offshore facility operators must adhere to stringent security standards, including risk assessments, security plans, and emergency procedures. These requirements are intended to protect against potential threats to maritime security, ensuring that the movement, loading, unloading, maintenance, and provisioning of ships are conducted in a secure environment. Breaching the provisions of the Maritime Transport and Offshore Facilities Security Act 2003 can result in serious consequences. Offences under the Act may include failing to comply with security requirements, providing false information, or obstructing authorised officers in the execution of their duties. The Act prescribes both civil and criminal penalties for such breaches. For instance, individuals found guilty of offences may face fines of up to $50,000 and imprisonment for up to two years. Corporations may be subject to even higher fines, up to $250,000, highlighting the seriousness with which the Act treats non-compliance. Additionally, persistent offenders or those who cause significant harm may face harsher penalties, reinforcing the Act's intent to maintain stringent maritime security standards. The revocation of the previous security regulated port declaration and the declaration of a new area within the Port of Albany as a security regulated port signifies the dynamic nature of maritime security assessments. This action underscores the importance of regularly reviewing and updating security measures to address evolving threats and to ensure that the highest standards of maritime security are maintained. The legislative framework thus provides the necessary tools and authority to adapt and respond to new security challenges effectively.