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 stringent security measures in maritime transport and offshore facilities. The Act was introduced to mitigate risks associated with maritime terrorism and other security threats that could compromise the safety of Australia's maritime borders and economic interests. It provides a framework for the regulation and enforcement of security measures in designated ports and offshore facilities. This legislative instrument, through a Notice of declaration of security regulated port, serves to update the status of specific maritime areas under the Act, ensuring that the evolving security landscape is adequately reflected in the regulatory framework. The policy objective of the Act is to protect Australia's maritime interests by implementing comprehensive security protocols.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to entities and individuals involved in maritime transport and offshore facility operations within Australia. This includes ships, port facilities, offshore installations, and any person or entity conducting activities related to the movement, loading, unloading, maintenance, or provisioning of security regulated ships. The Act has a national reach, extending across all Commonwealth, state, and territory jurisdictions within Australia. It specifically targets the security of maritime transport and offshore facilities to mitigate risks associated with terrorist activities, unlawful interference, and other security threats. The Act provides the framework for designating certain ports and offshore facilities as security regulated, imposing obligations on these entities to implement security measures and comply with regulations set by the relevant authorities. Subordinate instruments may further extend or restrict the application of the Act by detailing specific security measures and operational protocols that must be followed. The revocation and re-declaration of the Port of Burnie as a security regulated port under this Act signifies a re-evaluation of the security measures required at this port. This action underscores the dynamic nature of security needs and the commitment to ensuring that maritime transport and offshore facilities maintain high security standards. The boundaries of the port as designated in the attached map and detailed in the gazette notice delineate the specific areas subject to the security regulations. This reclassification ensures that all activities within the designated port area are subject to the stringent security protocols outlined in the Act, aimed at safeguarding against potential security threats.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) includes provisions for the declaration of security regulated ports, which are areas designated to manage the security risks associated with maritime transport. Section 13(1) of the Act allows for the declaration of a security regulated port, and in this instance, the Notice issued by Colin James Sievers, Acting Regional Director, Transport Security Operations, revokes the previous declaration of the Port of Burnie as a security regulated port (subsection 13(1)). The Notice also declares the area of the port of Burnie, which is intended for use in connection with the movement, loading, unloading, maintenance, or provisioning of security regulated ships, as a new security regulated port. The boundaries of this area are specified in the attached map. Under the Act, the obligations imposed on parties and entities within the designated security regulated ports include compliance with security measures and regulations set forth by the Act and any subsidiary regulations. This entails implementing and maintaining security plans, conducting security assessments, and ensuring that personnel involved in maritime activities within these ports are properly trained and vetted. The Act also requires cooperation with relevant authorities, including Transport Security Officers, who are authorised to enter and inspect the port and its facilities to ensure compliance with the security regulations. Failure to comply with the provisions of the Act and the regulations can result in various civil and criminal consequences. Under section 37 of the Act, an individual who contravenes a provision of the Act can be issued with a penalty notice, with a maximum penalty of 120 penalty units for an individual and 600 penalty units for a body corporate. Additionally, under section 38, a person who commits an offence against the Act can be prosecuted, with penalties including imprisonment for up to two years, fines of up to 10,000 penalty units for an individual and 50,000 penalty units for a body corporate, or both. The Act also allows for Transport Security Officers to take enforcement actions, such as issuing infringement notices or initiating legal proceedings, to ensure compliance with the security regulations.