Notice of Declaration of Security Regulated Port – Port of Cairns

Overview

The Maritime Transport and Offshore Facilities Security Act 2003, enacted by the Australian Parliament, was introduced to address the need for enhanced security measures in maritime transport and offshore facilities. The Act aims to protect Australia’s maritime borders and critical infrastructure from potential threats, ensuring safety and security in the movement, loading, unloading, maintenance, and provisioning of vessels and facilities. This legislative framework allows for the declaration of security regulated ports and facilitates the implementation of security measures as necessary. The recent revocation and re-declaration of the Port of Cairns as a security regulated port, as evidenced in the Gazette (C2020G00985), exemplifies the Act's ongoing application and adaptability to current security needs. The policy objective remains focused on safeguarding Australia’s maritime interests against evolving threats through rigorous security protocols.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to the regulation of security within Australia's maritime transport and offshore facilities. Specifically, it governs the identification and security measures required for designated security regulated ports and ships, aimed at preventing unauthorised access and mitigating security threats. The Act applies to persons, entities, and vessels involved in maritime transport and offshore operations, with a particular focus on those intending to use or already using designated ports for the movement, loading, unloading, maintenance, or provisioning of security regulated ships. Geographically, the Act operates within the Commonwealth of Australia, but its application can be extended or modified through subordinate instruments. The Act allows for the revocation and declaration of security regulated ports, as evidenced by the recent notice revoking the Port of Cairns' designation and subsequently re-declaring it, which will be effective upon its publication in the Gazette. The boundaries of these designated areas are clearly outlined in accompanying maps. It is important to note that the Act's application can be tailored or expanded through additional regulations, ensuring it remains relevant to evolving security needs.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (section 13(1)) permits the Assistant Director of Transport Security Operations to revoke or declare a port as a security regulated port. In this case, the Assistant Director revoked the previous notice (NTC-10361) that declared the Port of Cairns as a security regulated port (section 13(1)). The Act also allows for the declaration of a new area within the Port of Cairns as a security regulated port, which is intended for use in connection with security regulated ships, including activities such as movement, loading, unloading, maintenance, or provisioning (section 13(1)). This declaration is effective upon publication in the Gazette and is evidenced by the attached maps outlining the boundaries of the designated area. The Act imposes several obligations on parties and entities governed by it. These include compliance with the security regulations set forth in the Act, which are designed to protect maritime transport and offshore facilities from potential security threats. The declaration of the Port of Cairns as a security regulated port necessitates that all relevant activities within the designated area adhere to the heightened security measures specified under the Act. These measures may include security assessments, the implementation of security plans, and the coordination of security operations with relevant authorities. Furthermore, entities operating within the port must ensure that their practices align with the security standards and protocols mandated by the Act. Failure to comply with the provisions of the Maritime Transport and Offshore Facilities Security Act 2003 can result in significant consequences. The Act stipulates that any breach of its provisions may lead to civil or criminal penalties. For instance, under section 23 of the Act, an individual or entity found in breach of the Act can be subject to a fine, imprisonment, or both. The maximum penalty for a corporation can reach up to $210,000, while individuals may face fines of up to $33,000 and imprisonment for up to two years, depending on the severity and nature of the offence. Additionally, ongoing non-compliance can lead to further enforcement actions, including the revocation of operational licenses or permits necessary for conducting business within the security regulated port.