Maritime Transport and Offshore Facilities Security Act 2003
Notice of declaration of security regulated port – PORT OF BARROW ISLAND
I, BRIAN RANKIN, Ag REGIONAL DIRECTOR, Transport Security Operations Perth, 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 Barrow Island published in the Gazette (No. S189, 04 June 2004) on Line no.27 of Column A (the port) and shown on the map identified as 27, Port of Barrow Island’ on page 31; and
DECLARE that the area of the port of Barrow Island 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 and descriptions, to be a security regulated port.
This Notice commences upon publication in the Gazette.
Date: 7 June 2013
Brian Rankin
Delegate of the Secretary of the
Department of Infrastructure and Transport
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.
RAT340-01
Overview
The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the need for enhanced security measures for maritime transport and offshore facilities in Australia. The Act was introduced by the Australian Parliament with the objective of ensuring the security of maritime transport and offshore facilities to protect against acts of terrorism and other serious threats. The Act empowers the relevant authorities to designate specific ports and offshore facilities as security regulated ports, requiring compliance with stringent security measures. In a recent gazette notice, Brian Rankin, the Acting Regional Director of Transport Security Operations Perth, revoked the previous declaration of the Port of Barrow Island as a security regulated port and issued a new declaration, effective from the date of publication in the Gazette. This action reflects the dynamic nature of security needs and the ongoing commitment to safeguarding Australia's maritime interests.
Scope and Application
The Maritime Transport and Offshore Facilities Security Act 2003 applies to the regulation of security in maritime transport and offshore facilities within Australia. This Act pertains to specific persons, entities, and facilities involved in maritime operations and offshore activities, particularly those that are deemed to be security regulated ports or ships. The Act’s jurisdiction extends nationally, as it is a Commonwealth Act, ensuring a unified approach to maritime security across all states and territories. The geographic reach of this legislation is comprehensive, covering all maritime and offshore areas within Australia’s jurisdiction. The Act does not specify exclusions or exemptions but instead relies on subordinate instruments to detail specific regulations, thresholds, and exceptions applicable to particular situations or entities. For instance, the Act may be extended or restricted through regulations or ministerial declarations that further define what constitutes a security regulated port or ship and the specific security measures required. This Notice of declaration specifically revokes the previous declaration of the Port of Barrow Island as a security regulated port and re-declares the area under new boundaries, effective from the date of its publication in the Gazette.
Key Provisions
The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) includes several key operative sections that pertain to the regulation and declaration of security regulated ports. Under section 13(1), the Act allows a delegate of the Secretary of the Department of Infrastructure and Transport to revoke or declare a port as a security regulated port. In the case of the Port of Barrow Island, the Act revokes the previous declaration of the port as a security regulated port and then declares a specific area within the port, defined by boundaries and a map, as a new security regulated port (s. 13(1)). This new declaration takes effect upon publication in the Gazette (s. 13(4)).
The obligations and requirements imposed by the Act on the parties or entities it governs are primarily focused on ensuring the security of maritime transport and offshore facilities. This includes designating certain areas as security regulated ports where stringent security measures must be implemented and maintained. The Act mandates that these areas are clearly defined and communicated to relevant stakeholders, ensuring that they are aware of the security protocols in place. Compliance with these regulations is essential to prevent any security breaches and to maintain the integrity of maritime operations within the designated areas.
Failure to comply with the provisions of the Act can lead to various offences and penalties. Under the Act, breaches of security regulations can result in both civil and criminal consequences. For instance, individuals or entities found in breach of the Act may face fines and imprisonment. The maximum penalties for such offences are significant, reflecting the importance of adhering to the security protocols outlined in the Act. The precise nature and extent of the penalties depend on the specific breach and the severity of the offence, but they serve as a deterrent to non-compliance.
In summary, the Maritime Transport and Offshore Facilities Security Act 2003 mandates the declaration and regulation of security regulated ports, with specific obligations placed on entities operating within these areas to ensure stringent security measures. Non-compliance with the Act's provisions can result in severe penalties, including fines and imprisonment, underscoring the importance of adhering to these regulations to safeguard maritime transport and offshore facilities.