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 address the need for enhanced security measures within the maritime transport sector, particularly in relation to offshore facilities and designated ports. This Act aims to ensure the safety and security of maritime transport and offshore facilities, thereby protecting national interests and maintaining public confidence in maritime operations. The declaration of a security regulated port, such as the Port of Cape Preston, under this Act is a demonstration of the commitment to safeguarding critical maritime infrastructure and the movement of security regulated ships within Australian waters. The policy objective is to mitigate potential security risks through stringent regulatory measures and the designation of specific port areas for enhanced security protocols.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to security regulated ships and designated security regulated ports within Australia. This Act mandates the implementation of specific security measures to safeguard maritime transport and offshore facilities against acts of terrorism and other security threats. The Act applies to persons, entities, and industries involved in maritime transport, including shipping companies, port operators, and offshore facility managers, as well as to the conduct and transactions related to the movement, loading, unloading, maintenance, or provisioning of security regulated ships. Geographically, the Act has a Commonwealth reach, applying across Australia and its territories. The Act may extend its application through subordinate instruments, such as regulations or notices, which may further define or specify security measures or regulated areas. The declaration of the Port of Cape Preston as a security regulated port, as indicated in the notice, is an example of how the Act’s scope can be expanded to include specific locations based on operational needs. Any exclusions, exemptions, or thresholds within the Act are not explicitly mentioned in this notice, but they can be found in the principal Act itself or in any associated regulations or guidelines.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) establishes the framework for ensuring the security of maritime transport and offshore facilities. Section 13 of the Act allows for the declaration of a security regulated port, which involves specifying the area within a port that is used for the movement, loading, unloading, maintenance, or provisioning of security regulated ships. This declaration is crucial for ensuring that appropriate security measures are implemented and maintained to protect against potential threats. In this instance, the Regional Director of Transport Security Operations, Steven Rowson, has declared the Port of Cape Preston as a security regulated port under subsection 13(1) of the Act, with the boundaries of the designated area detailed in the accompanying map and descriptions. This declaration is effective from the date of publication in the Gazette, which in this case is 31 January 2013. The Act imposes several obligations on parties and entities operating within the declared security regulated port. For example, all vessels entering or leaving the port must comply with the security measures outlined in the Act and any associated regulations. This includes providing the necessary information about the vessel and its cargo to the relevant authorities, as well as following any instructions given by the port authorities to ensure the security of the port and its operations. Additionally, the Act requires that any person or entity involved in the movement, loading, unloading, maintenance, or provisioning of security regulated ships within the port must take all reasonable steps to prevent any security breaches. This may include implementing physical security measures, such as access controls and surveillance systems, as well as establishing procedures and protocols to ensure the secure handling of sensitive information. Failure to comply with the provisions of the Act and any associated regulations may result in a range of consequences, including both civil and criminal penalties. Under section 19 of the Act, any person who contravenes a provision of the Act may be liable to a fine of up to 5,000 penalty units (currently AUD 565,000) for an individual offence, and twice that amount for a corporate offence. In more serious cases, individuals may also face imprisonment for up to 10 years, while corporate entities may be subject to additional penalties, such as disqualification from holding a maritime security licence. Furthermore, any person who causes the death of another person as a result of a contravention of the Act may be liable to imprisonment for up to 20 years. These penalties serve as a deterrent against non-compliance and underscore the importance of adhering to the security requirements set out in the Act.