Maritime Transport and Offshore Facilities Security Act 2003
Notice of declaration of security regulated port – PORT OF HOBART
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 Hobart published in the Gazette (No. GN 22, 2 June 2004) on Line no. 3 of Column A (the port) and shown on the map identified as ‘3. Port of Hobart’ on page 1431; and
DECLARE that the area of the port of Hobart 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 maps, 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 Hobart – Security Regulated Port Boundary Map
Overview
The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the growing need for enhanced security measures in maritime transport and offshore facilities in Australia. This Act was introduced by the Australian Parliament, aiming to safeguard the nation's maritime assets and infrastructure from potential threats, thereby ensuring the safety and security of the seafaring public and the economy reliant on maritime transport. The Act provides the legal framework for designating specific ports as security regulated ports, where stringent security measures are implemented and enforced to protect vessels and facilities from acts of terrorism and other security risks. This legislative measure was a crucial step towards aligning Australia's maritime security protocols with international standards and best practices, reinforcing the nation's commitment to maintaining secure maritime operations.
Scope and Application
The Maritime Transport and Offshore Facilities Security Act 2003 applies to the security of maritime transport and offshore facilities within Australian jurisdiction. The Act specifically pertains to designated security regulated ports, which are locations involved in the movement, loading, unloading, maintenance, or provisioning of security regulated ships. The Port of Hobart, as mentioned in the Notice, is a specific example of a security regulated port under this Act. The Act's application extends to any person or entity operating within the declared boundaries of such ports, ensuring compliance with security regulations. The geographic reach of the Act is national, as it is an Act of the Commonwealth of Australia, and it applies to all states and territories. The Act may be further extended or restricted through subordinate instruments, such as the declaration of specific ports like the Port of Hobart. Any exclusions or exemptions from the Act's provisions are not specified within this particular Notice, but they would typically be detailed in the main Act or subsequent legislative instruments.
Key Provisions
The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) includes provisions for declaring areas as security regulated ports. Under subsection 13(1), the Acting Regional Director, Transport Security Operations, Office of Transport Security has the authority to revoke or declare certain areas as security regulated ports. In the present case, the declaration of the Port of Hobart as a security regulated port has been revoked and simultaneously redeclared with specific boundaries as indicated on the attached maps. This redeclaration identifies the boundaries of the area within the Port of Hobart that will be subject to security regulations concerning the movement, loading, unloading, maintenance, or provisioning of security regulated ships.
The Act imposes certain obligations and requirements on the parties and entities governed by it. These obligations include ensuring that the designated security regulated port areas comply with the security measures stipulated in the Act. This involves implementing and maintaining security protocols to safeguard against threats to maritime transport and offshore facilities. The redeclaration of the Port of Hobart as a security regulated port necessitates adherence to these security measures within the newly defined boundaries.
Breaches of the requirements outlined in the Maritime Transport and Offshore Facilities Security Act 2003 can lead to serious consequences. The Act includes provisions for both civil and criminal penalties. The specific penalties for non-compliance can vary depending on the nature and severity of the breach. In cases of serious violations, individuals or entities may face substantial fines and imprisonment. The maximum penalties are detailed in the relevant sections of the Act and can be severe, reflecting the critical importance of maritime security. It is essential for all governed parties to understand and comply with these requirements to avoid facing these legal consequences.