Notice of Declaration of Security Regulated Port – Port of Cape Preston

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Parliament of Australia to establish a framework for ensuring the security of maritime transport and offshore facilities. This Act was introduced to address the significant vulnerabilities in maritime transport and offshore operations that could be exploited for criminal or terrorist activities, thereby posing a threat to national security and economic stability. The policy objective of the Act is to mitigate these risks by establishing stringent security measures for designated ports and offshore facilities, ensuring that they are adequately protected against potential threats. The Act empowers the relevant authorities to designate certain ports as security regulated ports, thereby subjecting them to specific security regulations designed to safeguard against unauthorised access and other security risks. On 19 January 2017, Jacqueline Ireland, as Director of Transport Security Operations within the Office of Transport Security under the Department of Infrastructure and Regional Development, issued a notice revoking the previous declaration of the Port of Cape Preston as a security regulated port, which had been published in the Gazette on 13 February 2013. This revocation was followed by a new declaration, reaffirming the port's status as a security regulated port for the movement, loading, unloading, maintenance, or provisioning of security regulated ships. The notice, published in the Commonwealth of Australia Gazette, remains in force until formally revoked and re-published in the Gazette.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to any port, vessel, facility, or person involved in maritime transport within Australia. The Act primarily targets the security of ports, ships, and offshore facilities to prevent acts of piracy, terrorism, and other security threats. The geographical scope of the Act is national, extending across all Australian jurisdictions, including states, territories, and offshore areas. The Act imposes security obligations on various entities such as port operators, ship operators, and facility operators, and mandates adherence to security regulations for any vessels or facilities classified as security regulated. The declaration of a port as a security regulated port, as illustrated in the revocation and re-declaration of the Port of Cape Preston, underscores the Act's jurisdictional reach and its application to specific areas within Australia. Any exemptions or exclusions from the Act's application would typically be detailed within the Act itself or through subordinate legislation, but in this instance, the primary focus remains on ensuring comprehensive security measures across designated maritime locations. The Act's provisions may be further elaborated or modified through subordinate instruments, ensuring its application is adaptable to emerging security needs.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) provides a framework for ensuring the security of maritime transport and offshore facilities in Australia. Section 13(1) of the Act allows the Director, Transport Security Operations to declare or revoke the status of a port as a security regulated port. This legislative power is exercised in the Notice of Declaration of Security Regulated Port – Port of Cape Preston (Gazette GN 6, 13 February 2013), which has been revoked by a new Notice dated 19 January 2017. The new Notice re-declares the Port of Cape Preston as a security regulated port, with the boundaries of the port clearly defined in the attached map and descriptions. This action ensures that the port remains subject to stringent security measures as stipulated by the Act. The Act imposes several obligations on the parties and entities it governs. Firstly, the Director, Transport Security Operations has the authority to declare or revoke the status of a port as a security regulated port, which is a significant responsibility to maintain maritime security. Additionally, any person or entity operating within the declared security regulated port must comply with the security measures and requirements set out in the Act and any accompanying regulations. This includes adhering to security plans, conducting risk assessments, and implementing security measures to protect against potential threats. Compliance with these obligations is crucial to ensuring the safety and security of maritime transport and offshore facilities. Failure to comply with the provisions of the Act can result in significant penalties and consequences. Under the Act, breaches of security requirements can lead to both civil and criminal penalties. The Act provides for maximum penalties, including fines of up to $22,200 for individuals and $111,000 for bodies corporate, as well as imprisonment for up to two years for serious offences. Additionally, the Act may also permit the Australian Maritime Safety Authority to take enforcement actions, such as issuing infringement notices or initiating legal proceedings against non-compliant entities. These penalties and consequences underscore the importance of adhering to the security measures and requirements outlined in the Act.