Notice of Declaration of Security Regulated Port – Port of Fremantle

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Australian Parliament to address the need for robust security measures in maritime transport and offshore facilities. This Act was introduced to ensure the security of vessels and port facilities against potential threats such as terrorism and other criminal activities, thereby safeguarding Australia’s maritime interests and enhancing national security. The policy objective of the Act is to establish a framework for the identification, assessment, and regulation of security risks associated with maritime transport and offshore facilities. The Act empowers the relevant authorities to designate and regulate security regulated ports, such as the Port of Fremantle, to ensure compliance with stringent security standards. The revocation and re-declaration of the Port of Fremantle as a security regulated port under this Act exemplify the ongoing commitment to maintaining high security standards in critical maritime infrastructure.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) applies to any port or offshore facility where security is regulated, with specific regard to the movement, loading, unloading, maintenance or provisioning of security regulated ships. This Act has national reach across the Commonwealth of Australia, imposing obligations and providing powers to relevant authorities to ensure the security of maritime transport and offshore facilities. The revocation and declaration of a security regulated port, such as the port of Fremantle, is a key function under the Act, which is managed by a delegate of the Secretary of the Department of Home Affairs. The Act applies to the specific geographic area of the port of Fremantle as defined in the attached map and descriptions, thereby extending its jurisdictional reach to ensure compliance with national security standards for maritime activities. The Act may also be extended or restricted in application through subordinate instruments, which are published in the Gazette and remain in force until revoked in writing and upon subsequent publication.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) provides for the regulation of security in maritime transport and offshore facilities, particularly in designated security regulated ports. Section 13(1) of the Act allows for the declaration and revocation of such ports, as evidenced by the recent Notice (C2018G00829) published in the Gazette on 15 October 2018. This Notice revokes the previous declaration of the Port of Fremantle as a security regulated port (C2013G01034, 09 July 2013) and re-declares it under the same conditions but with updated boundaries as specified in the attached map and descriptions. The Act imposes several obligations on parties and entities within the jurisdiction of a security regulated port. These obligations include compliance with security measures and protocols as prescribed by the Act and any associated regulations or guidelines. Such measures may involve the implementation of physical security measures, risk assessments, security plans, and coordination with relevant authorities to ensure the safety and security of maritime operations within the port. Furthermore, entities operating within a security regulated port must adhere to any additional requirements or restrictions imposed by the Minister or authorised officers to mitigate security risks effectively. The Act also outlines various offences and penalties for non-compliance with its provisions. Breaches of the Act, including failure to comply with security regulations or unauthorised activities within a security regulated port, may result in both civil and criminal consequences. For instance, under section 17 of the Act, a person who contravenes a direction given by an authorised officer may be subject to a civil penalty of up to $22,200 for an individual and $111,000 for a body corporate. Additionally, under section 18, a person who commits an offence under the Act may be subject to criminal penalties, including fines of up to $55,500 for an individual and $277,500 for a body corporate, or imprisonment for up to two years, or both, as determined by a court. These penalties reflect the seriousness of ensuring maritime security and the importance of compliance with the Act's provisions.