Notice of Declaration of Security Regulated Port – Port of Bundaberg

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Parliament of Australia to address the need for enhanced security measures in maritime transport and offshore facilities. This Act was introduced to fill a critical gap in Australia's maritime security framework, aiming to protect the nation's maritime borders and critical infrastructure from security threats. The policy objective of the Act is to ensure that security measures are implemented effectively to safeguard vessels and offshore facilities, thereby contributing to national security and public safety. On 5 June 2018, a notice was published in the Gazette by Jacquiline Ireland, Director, Transport Security Operations, under the authority granted by subsection 13(1) of the Act. This notice revoked the previous declaration that designated the Port of Bundaberg as a security regulated port and issued a new declaration concerning the specific area of the port designated for security purposes. The notice is effective from the date of publication in the Gazette and remains in force until formally revoked and re-published.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) applies to persons, entities, and facilities involved in maritime transport and offshore operations within Australia. Specifically, the Act mandates security measures for ships and port facilities that handle security regulated ships, which include vessels designated as high-risk by the Secretary. The Act's jurisdictional reach extends across the Commonwealth of Australia, meaning it applies nationally. The Act can also extend its application through subordinate instruments, which can further define the specifics of security measures and designated areas. The revocation and declaration of security regulated ports, as demonstrated by the notice concerning the Port of Bundaberg, is an example of how the Act can be applied and modified through such instruments. The Act does not specify particular exclusions, exemptions, or thresholds within the primary text, although these may be outlined in subordinate instruments or regulations. The revocation of the previous declaration and the subsequent declaration of a specific port area for security regulation demonstrates the Act's flexibility and its targeted approach to enhancing maritime security across Australia.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) includes specific provisions regarding the declaration and revocation of security regulated ports. Section 13(1) of the Act allows the Director of Transport Security Operations to revoke a previous declaration and declare new areas as security regulated ports. In this case, Notice NTC-14784 revokes the previous declaration of the Port of Bundaberg as a security regulated port (NTC-9776) and declares a specified area of the Port of Bundaberg as a new security regulated port (subsection 13(1)). The boundaries of this new area are detailed in the attached map and descriptions provided with the notice. This notice becomes effective upon its publication in the Gazette. Under the Act, the obligations placed on the parties or entities governed by it primarily revolve around compliance with the declared security regulated port areas. These obligations include ensuring that all activities related to the movement, loading, unloading, maintenance, or provisioning of security regulated ships within the specified areas adhere to the security measures outlined in the Act. This may involve implementing specific security protocols, reporting incidents, and cooperating with authorities to maintain port security. The Director of Transport Security Operations has the authority to enforce these obligations and to take action against non-compliance. The Act also includes provisions for offences and penalties for breaches of its requirements. While the specific offences and penalties are detailed in other sections of the Act, the notice itself does not specify the penalties for non-compliance with the declaration of the security regulated port. However, generally under the Act, breaches can lead to both civil and criminal consequences. Civil penalties can include fines, and in more serious cases, criminal penalties can include imprisonment. The exact penalties depend on the nature and severity of the breach, as outlined in the relevant sections of the Act. The notice serves as a formal declaration under the Act and, as such, non-compliance with its provisions can result in enforcement actions by the Director of Transport Security Operations.