Notice of Declaration of Security Regulated Port - Port of Amrun

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the need for improved security measures within Australia's maritime transport and offshore facilities, ensuring the safety and integrity of these operations in the face of potential security threats. This Act provides the legal framework for the regulation and enforcement of security measures, particularly focusing on designated security regulated ports. The Act was introduced by the Parliament of Australia with the policy objective of enhancing national security by protecting maritime transport and offshore facilities from terrorist attacks, sabotage, and other security risks. On 17 September 2018, the Acting Director of Transport Security Operations, Aviation and Maritime Security Division, Raymond Theseira, declared the area of the Port of Amrun to be a security regulated port, under subsection 13(1) of the Maritime Transport and Offshore Facilities Security Act 2003. This declaration was made to ensure that the port, which is used for the movement, loading, unloading, maintenance, or provisioning of security regulated ships, adheres to the stringent security measures outlined in the Act. The declaration is effective from the date of publication in the Gazette and will remain in force until it is revoked in writing and subsequently published in the Gazette.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003, as declared by this Notice, applies specifically to the Port of Amrun, designating it as a security regulated port under subsection 13(1) of the Act. This declaration pertains to the area of the port designated for activities involving the movement, loading, unloading, maintenance, or provisioning of security regulated ships, with the boundaries of this area clearly delineated on the attached map. The Act applies to any person, entity, or industry conducting activities within this port that involve security regulated ships, thus encompassing all maritime operations within the specified port area. The geographic reach of this legislation is firmly within the Commonwealth of Australia, as it pertains to the port of Amrun, and its application extends to ensuring compliance with maritime security regulations as prescribed under the Act. While the Notice itself does not specify exclusions, exemptions, or thresholds, the Act's broader provisions may contain such details, and these could be further clarified or extended through subordinate instruments. This Notice, which is published in the Commonwealth of Australia Gazette, remains in force until formally revoked and announced in subsequent Gazette publications.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 establishes the framework for ensuring the security of maritime transport and offshore facilities within Australia. Section 13(1) of the Act provides the authority to designate certain ports as security regulated ports where activities related to security regulated ships occur. Pursuant to this authority, the Acting Director, Transport Security Operations, has declared the area of the Port of Amrun, as shown on the attached map, to be a security regulated port under section 13 (paragraph 13(1)). This declaration is effective from the date of its publication in the Gazette, which in this case is 17 September 2018. The Act imposes specific obligations on parties and entities operating within these designated security regulated ports to ensure compliance with security measures. The obligations imposed by the Act on the parties and entities operating within the security regulated port of Amrun are substantial. These entities are required to implement and maintain security measures that align with the standards set out in the Maritime Transport and Offshore Facilities Security Regulations 2003. This includes conducting thorough security assessments, developing security plans, and ensuring that personnel are trained and competent in security procedures. Additionally, entities must cooperate with the relevant authorities, such as providing information and access for inspection and monitoring purposes. Compliance with these obligations is critical to safeguarding the port and its operations against potential security threats. Failure to comply with the provisions of the Maritime Transport and Offshore Facilities Security Act 2003 and the associated regulations can lead to severe consequences. The Act stipulates various offences, including the unauthorised movement of security regulated ships, non-compliance with security plans, and failure to implement required security measures. The penalties for breaching these provisions can be substantial. For example, individuals found guilty of serious offences may face fines of up to $220,000 and/or imprisonment for up to 10 years. Corporations can be fined up to $1,100,000 for offences that result in serious harm or significant risk to the security of the port. These stringent penalties underscore the importance of strict adherence to the security requirements outlined in the Act.