Notice of Declaration of Security Regulated Port – Port of Burnie

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Parliament of Australia to address the need for comprehensive security measures for maritime transport and offshore facilities within Australia's jurisdiction. This legislation was introduced to ensure that maritime security is managed effectively, thereby protecting national interests, including economic security, public safety, and the environment, from potential threats posed by maritime activities. The Act establishes a framework for the designation of security regulated ports and ships, ensuring that appropriate security measures are implemented and enforced. On 19 December 2016, Michelle Cozadinos, the Director of Transport Security Operations within the Office of Transport Security, issued a Notice under subsection 13(1) of the Act, revoking the previous declaration of the Port of Burnie as a security regulated port, which was initially declared in 2014. This revocation and subsequent redeclaration reflect the dynamic nature of maritime security assessments and the need to adapt to changing security environments. The policy objective remains to safeguard Australia’s maritime infrastructure by maintaining stringent security protocols in designated areas.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to various persons, entities, and conduct associated with maritime transport and offshore facilities within Australia. This legislation specifically mandates the implementation of security measures for ships and ports that are identified as security regulated. The Act applies to both Commonwealth and state ports, ensuring a uniform approach to maritime security across the nation. Its jurisdictional reach is extensive, extending to all states and territories within Australia, thereby providing a comprehensive framework for the security of maritime transport and offshore infrastructure. The Act delineates exclusions and exemptions in certain circumstances, often detailed through subordinate instruments, which can further refine the application of the primary legislation. The revocation of the security regulated port status for Burnie, as detailed in the Notice of declaration, highlights the Act's flexibility in adjusting the scope of regulated ports based on current security needs and assessments. This dynamic application underscores the importance of maintaining stringent maritime security measures while allowing for adaptability in response to evolving threats and operational requirements.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) sets out provisions for the regulation of security in maritime transport and offshore facilities. Section 13(1) of the Act allows the Director of Transport Security to declare or revoke the status of a security regulated port (sections 13(1) and 13(2)). In this instance, Michelle Cozadinos, Director of Transport Security Operations, has exercised this power to revoke the previous declaration of the port of Burnie as a security regulated port, which was published in the Gazette on 17 March 2014 (C2014G00450), and has made a new declaration for the same port under the same Act. This new declaration, which is effective upon its publication in the Gazette, specifies the particular area of the port of Burnie designated for the movement, loading, unloading, maintenance, or provisioning of security regulated ships. Under the Act, entities operating within a security regulated port, such as shipping companies, port authorities, and offshore facility operators, are subject to specific obligations aimed at ensuring the security of maritime transport and offshore facilities. These obligations include the development and implementation of security plans, the appointment of security officers, and adherence to any additional measures or requirements prescribed by the Director of Transport Security. The security plans must be reviewed and updated as necessary to address evolving threats and ensure compliance with the Act. Failure to comply with the provisions of the Maritime Transport and Offshore Facilities Security Act 2003 may result in civil or criminal penalties. Under section 15 of the Act, an entity may be liable to a civil penalty not exceeding $126,000 for a serious breach, or $63,000 for any other breach. Additionally, individuals who are found guilty of an offence under the Act may be subject to criminal penalties, including fines and imprisonment. The specific penalties are determined by the court based on the nature and severity of the offence, with the maximum penalty for serious offences being significant, reflecting the importance of maritime and offshore security. These provisions underscore the importance of compliance with the Act and the potential consequences of non-compliance.