Maritime Transport and Offshore Facilities Security Act 2003
Notice of declaration of security regulated port – PORT OF BELL BAY
I, MICHELLE COZADINOS, 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 Launceston published in the
Gazette (C2014G00438, 17 March 2014) and
DECLARE that the area of the port of Bell Bay 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: 19 December 2016
Michelle Cozadinos
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.
RAT-339-01
Overview
The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Parliament of Australia to address the need for stringent security measures in maritime transport and offshore facilities to protect against acts of terrorism, piracy, and other security threats. This Act aims to enhance the security of maritime transport and offshore facilities through comprehensive regulations and compliance mechanisms. In exercising the powers granted under this legislation, the Director, Transport Security Operations, Michelle Cozadinos, issued a Notice revoking the previous declaration of Launceston as a security regulated port and instead declared the Port of Bell Bay as a security regulated port. This change was necessary to align security measures with the evolving needs and potential risks associated with maritime activities in the region. The policy objective is to ensure that security regulated ports are adequately safeguarded to maintain national security and protect critical infrastructure.
Scope and Application
The Maritime Transport and Offshore Facilities Security Act 2003 applies to the movement, loading, unloading, maintenance, and provisioning of security regulated ships within designated security regulated ports. This Act is applicable to any person or entity involved in these activities within the specified geographic boundaries of such ports. The Act operates on a national level within Australia, extending its reach to cover all Commonwealth, state, and territory waters. The declaration of a port as a security regulated port is pivotal for ensuring the security of maritime transport and offshore facilities, thereby protecting critical infrastructure and ensuring the safety of personnel and vessels. The revocation of a previously declared security regulated port, such as Launceston, and the declaration of a new port, like Bell Bay, underscores the Act's flexibility in responding to changing security needs. The Act's application can be extended or restricted through subordinate instruments, allowing for detailed specifications regarding the boundaries and operational details of each security regulated port. This ensures that the legislation can adapt to the evolving maritime environment while maintaining stringent security measures.
Key Provisions
The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) outlines the provisions for the declaration of security regulated ports, as evidenced by the recent Notice of Declaration for the Port of Bell Bay. Section 13(1) of the Act provides the legal basis for the Director, Transport Security Operations, to declare a specific area within a port as a security regulated port. This declaration mandates that certain security measures must be implemented for activities related to security regulated ships within the designated area. The Notice revokes the previous declaration for the Port of Launceston, as per subsection 13(1), and instead designates the Port of Bell Bay as the new security regulated port, with specific boundaries as detailed in the attached maps.
The obligations imposed by the Act on parties and entities within the declared security regulated port area are substantial. These obligations include the adherence to stringent security protocols and the implementation of measures to safeguard against potential threats. This includes the necessity for detailed security assessments, the establishment of security plans, and the appointment of a qualified security officer to oversee compliance with these regulations. All vessels, including security regulated ships, must comply with the security requirements outlined in the Act when operating within the port's boundaries.
Failure to comply with the provisions of the Maritime Transport and Offshore Facilities Security Act 2003 can result in significant legal consequences. The Act stipulates various offences that, if breached, can lead to civil or criminal penalties. For instance, any person or entity found to be in violation of the security regulations may face substantial fines. The maximum penalties can vary depending on the severity of the breach but are designed to ensure strict adherence to the security protocols. Additionally, repeated or severe breaches may result in more severe penalties, including potential imprisonment, reflecting the gravity of compromising maritime security.