Notice of Declaration of Security Regulated Port – Port of Brisbane

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the need for stringent security measures to safeguard Australia's maritime transport and offshore facilities against potential threats. This legislation was developed in response to the growing concerns about maritime security in the wake of global terrorism and other security risks that could potentially disrupt the movement of goods and people through Australia's ports. The Act was enacted by the Parliament of Australia with the policy objective of ensuring that adequate security measures are in place to protect maritime transport and offshore facilities from acts of terrorism, sabotage, and other security threats. The Maritime Transport and Offshore Facilities Security Act 2003 empowers the Minister for Home Affairs to declare a port as a security regulated port if it is used for the movement, loading, unloading, maintenance, or provisioning of security regulated ships. The Act also provides for the revocation of such declarations if the security situation changes or if the port no longer meets the security criteria. The recent revocation of the Port of Brisbane's security regulated port status, as evidenced by the notice published in the Gazette, reflects the dynamic nature of security assessments and the need for continuous evaluation and adaptation of security measures in response to emerging threats.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003, administered by the Office of Transport Security within the Department of Home Affairs, applies to the persons, entities, and conduct involved in the movement, loading, unloading, maintenance, or provisioning of security regulated ships within designated ports. This Act applies nationally, covering all Commonwealth waters, state and territory waters, and offshore facilities. The declared security regulated port of the Port of Brisbane, as specified in the Notice, is subject to stringent security regulations outlined in the Act. The revocation and redeclaration of the Port of Brisbane as a security regulated port indicate the dynamic nature of the Act’s application, which can be adjusted based on changing security needs and maritime activities. The Act's jurisdiction is extensive, aiming to ensure the safety and security of maritime transport and offshore facilities across Australia. Subordinate instruments may further extend or restrict the application of the Act by detailing specific security measures or designating additional ports as security regulated, thereby ensuring a comprehensive approach to maritime security.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) contains provisions that govern security regulations for maritime transport and offshore facilities. Section 13(1) of the Act allows the Secretary of the Department of Home Affairs to declare certain areas as security regulated ports (section 13(1)). In this case, the Secretary has revoked the previous declaration of the Port of Brisbane as a security regulated port and has issued a new declaration (section 13(1)). The newly declared security regulated port includes specific areas within the Port of Brisbane, as shown on the attached maps (section 13(1)). The Act imposes several obligations and requirements on parties and entities governed by it. Under the Act, it is mandatory for security regulated ships to adhere to the security measures and procedures outlined in the ship security plan (section 31). Additionally, the Act requires the master of a ship to ensure that the ship's crew and any other individuals on board are aware of and comply with the security measures and procedures in place (section 32). Furthermore, the Act mandates the establishment of a security level for the port, which determines the level of security measures to be implemented (section 33). Failure to comply with the provisions of the Maritime Transport and Offshore Facilities Security Act 2003 may result in various consequences, including civil and criminal penalties. Section 135 of the Act provides for civil penalties, including fines, for non-compliance with the Act. Section 137 of the Act outlines the criminal penalties, including imprisonment, for breaches of the Act. The maximum penalties for civil and criminal offences under the Act are specified in the relevant sections. It is important for parties and entities governed by the Act to be aware of these consequences to ensure compliance and maintain the security of maritime transport and offshore facilities.