Maritime Transport and Offshore Facilities Security Act 2003
Notice of declaration of security regulated port – PORT OF GRASSY
I, COLIN JAMES SIEVERS, Acting Regional Director, Transport Security Operations, Office of Transport Security, under subsection 13(1) of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act):
REVOKE the declaration of the security regulated Port of Grassy published in the Gazette (No. GN 22, 2 June 2004) on Line no. 5 of Column A (the port) and shown on the map identified as ‘5. Port of Grassy’ on page 1433; and
DECLARE that the area of the port of Grassy intended for use either wholly or partly in connection with the movement, loading, unloading, maintenance or provisioning of security regulated ships, the boundaries of which are shown on the attached map, to be a security regulated port.
This Notice commences upon publication in the Gazette.
Date: 28 February 2014
Colin Sievers
Delegate of the Secretary of the
Department of Infrastructure and Transport
Note:
1) Gazette means the Commonwealth of Australia Gazette
2) This Notice remains in force until otherwise revoked in writing and upon subsequent publication in the Gazette.
RAT339-01
Port of Grassy – Security Regulated Port Boundary Map
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 maritime transport and offshore facilities. This Act aims to ensure the security of maritime transport and offshore facilities against acts of terrorism, sabotage, and other security threats, thereby safeguarding Australia's maritime borders and interests. The policy objective of the Act is to establish a framework for the regulation and oversight of security measures in designated maritime areas, ensuring that adequate precautions are in place to protect against potential security risks. The Act empowers the relevant authorities to declare certain ports as security regulated ports, thereby enforcing stringent security protocols and facilitating the effective management of maritime security threats.
Scope and Application
The Maritime Transport and Offshore Facilities Security Act 2003 applies to security regulated ports and facilities within Australia, focusing on the security of maritime transport and offshore operations. This Act mandates the protection of designated ports and offshore facilities from potential security threats, ensuring the safety and integrity of maritime activities. The Act extends its application to any entity or individual involved in the movement, loading, unloading, maintenance, or provisioning of security regulated ships within the specified boundaries of a port. The revocation of the security regulated port status for the Port of Grassy, as announced in the Notice, signifies the Act's flexibility in adjusting the security classifications based on evolving security assessments and operational needs. The geographic reach of the Act encompasses all Commonwealth jurisdictions, ensuring a uniform approach to maritime security across the nation. Exclusions or exemptions from the Act are not specified in this Notice, however, it is understood that the Act's application can be further defined through subordinate instruments, such as regulations or guidelines issued by the Department of Infrastructure and Transport.
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. Specifically, section 13(1) of the Act empowers the Acting Regional Director to revoke or declare an area as a security regulated port. In this case, the Acting Regional Director, Colin James Sievers, has revoked the previous declaration of the Port of Grassy as a security regulated port, which was published in the Gazette on 2 June 2004. Concurrently, he declares the same area, defined by the attached map, to be a security regulated port under the Act. This declaration applies to the area intended for use in connection with the movement, loading, unloading, maintenance, or provisioning of security regulated ships.
Under the Act, the obligations imposed on parties or entities governed by this legislation include adherence to the security measures and protocols specified for security regulated ports. This includes complying with the requirements set forth in the Maritime Transport and Offshore Facilities Security Regulations, which detail the security measures necessary to protect the port and ships from potential security threats. Entities operating within this declared area must ensure that they implement these measures to maintain the security of the port and its operations.
Failure to comply with the provisions of the Act and associated regulations can lead to significant consequences. The Act provides for both civil and criminal penalties for breaches. Civil penalties may include fines up to the statutory maximum, as outlined in the Act. For criminal offences, the Act specifies maximum penalties for various breaches, which can include imprisonment terms and/or substantial fines, depending on the nature and severity of the offence. The enforcement of these penalties ensures that entities operating within the security regulated port adhere to the necessary security standards to protect maritime transport and offshore facilities.