Notice of Declaration of Security Regulated Port – Port of Gladstone

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) was introduced to address the need for comprehensive security measures in maritime transport and offshore facilities to protect Australia's maritime borders and interests. Enacted by the Parliament of Australia, the Act aims to provide a framework for securing vessels, offshore facilities, and ports against terrorist threats and other security risks. This legislative measure is critical in safeguarding Australia's extensive maritime domain by ensuring that security protocols are rigorously applied at designated ports and facilities. On 25 October 2019, a Notice was issued under the authority of the Act by Christine Deegan, Director, Transport Security Operations, Aviation and Maritime Security Division, within the Department of Home Affairs. The Notice revoked the previous declaration of the Port of Gladstone as a security regulated port, published in the Gazette on 26 May 2017. Subsequently, the Notice re-declared the Port of Gladstone as a security regulated port, with specific boundaries outlined for the area intended for the movement, loading, unloading, maintenance, or provisioning of security regulated ships. This re-declaration ensures that the stringent security measures required by the Act are maintained, reflecting ongoing assessments of security threats and the port's operational needs.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to the security of maritime transport and offshore facilities within Australia. Specifically, the Act pertains to the declaration and regulation of security regulated ports and offshore facilities, ensuring the safety and security of maritime activities. This Act applies to persons and entities involved in maritime operations, including ship operators, port authorities, and offshore facility managers, as well as the conduct and transactions associated with the movement, loading, unloading, maintenance, or provisioning of security regulated ships. The geographic reach of this Act is national, applying across all jurisdictions within Australia, including states, territories, and Commonwealth waters. The Act's application may be extended or restricted through subordinate instruments, such as regulations or ministerial declarations, which may specify further details or exemptions. This particular legislative action revokes the previous declaration of the Port of Gladstone as a security regulated port and re-declares the specific area within the port for the same purpose, demonstrating the Act's capacity to adjust regulatory boundaries as necessary.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003, under subsection 13(1), provides the legislative framework for the revocation and declaration of security regulated ports. In this instance, the Director of Transport Security Operations, Christine Deegan, has revoked the previous declaration of the Port of Gladstone as a security regulated port, which was published in the Gazette on 26 May 2017 (C2017G00584). Christine Deegan has now re-declared the Port of Gladstone as a security regulated port, with the boundaries of the port area intended for security regulated ships detailed in the attached map and descriptions. This new declaration, published in the Gazette on 25 October 2019, becomes effective immediately upon its publication (C2019G00970). The Act imposes several obligations on parties and entities affected by the security regulations of the Port of Gladstone. These obligations include compliance with security measures as prescribed by the Director and adherence to the detailed boundaries of the port area designated for security regulated ships. Entities operating within these boundaries must ensure that their activities do not compromise the security of maritime transport and offshore facilities, in line with the provisions of the Act. Breaches of the security regulations set out in the Maritime Transport and Offshore Facilities Security Act 2003 can lead to significant consequences. The Act outlines various offences that may be incurred if the security provisions are not followed. Such offences can result in both civil and criminal penalties. For example, non-compliance with the security regulations may lead to fines or imprisonment, as stipulated by the relevant sections of the Act. The exact penalties depend on the nature and severity of the breach, but the Act provides a robust framework to ensure that security measures are enforced effectively.