Notice of Declaration of Security Regulated Port – Port of Melbourne

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Parliament of Australia to address the growing concerns of security in maritime transport and offshore facilities. This Act provides a legal framework to protect Australia's maritime interests and to ensure the security of the nation's ports, ships, and offshore facilities against potential terrorist attacks and other security threats. The policy objective of the Act is to establish and enforce security measures to safeguard the maritime domain, thereby contributing to the overall national security. In this context, the Act empowers the relevant authorities to declare certain ports as security regulated ports, where enhanced security measures must be implemented. In the specific case of the Port of Melbourne, the Director of Transport Security Operations, on behalf of the Secretary of the Department of Home Affairs, has revoked the previous declaration of the port as a security regulated port and has re-declared it with updated boundaries and security measures, as published in the Gazette. This action ensures that the necessary security protocols are in place to protect the port from potential threats, thereby aligning with the overarching goal of the Maritime Transport and Offshore Facilities Security Act 2003 to secure Australia's maritime interests.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003, as exemplified by the recent notice concerning the Port of Melbourne, applies to the classification and regulation of security within designated maritime areas, specifically focusing on ports where certain activities involving security-regulated ships occur. The Act mandates that specific parts of the Port of Melbourne are now considered security-regulated ports, which necessitates adherence to stringent security measures to protect against potential maritime security threats. This Act applies to entities and individuals involved in maritime transport and offshore activities, particularly those who operate within the designated boundaries of these ports, as well as to the ships and vessels that are subject to security regulations. The jurisdictional reach of this Act is national, operating under the Commonwealth of Australia. While the Act broadly applies to all relevant maritime activities within the specified geographic areas, any exclusions, exemptions, or thresholds are detailed within the legislation itself or through subordinate instruments, which may further clarify the scope and specific requirements of the Act. The revocation of the previous declaration and the establishment of new boundaries for the security-regulated port in Melbourne demonstrate the Act's dynamic nature, allowing for adjustments based on evolving security needs and operational requirements.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) is designed to safeguard maritime transport and offshore facilities in Australia. Section 13(1) of the Act allows the Director, Transport Security Operations, to revoke and declare security regulated ports. In this case, the declaration of the security regulated port of Melbourne, previously published in the Gazette (No. C2017G01366, 15 December 2017), is revoked and a new declaration is made effective. The newly declared area includes specific boundaries intended for use in connection with the movement, loading, unloading, maintenance or provisioning of security regulated ships, as detailed in the attached map and descriptions. Entities governed by the Act are subject to various obligations and requirements. These include ensuring that the designated areas within the security regulated ports are secured against potential threats. This involves implementing and maintaining security measures, such as access controls, surveillance systems, and emergency response plans. Additionally, maritime operators, including ship owners, operators, and masters, must comply with the security requirements specified in their ship security plans and any additional directives issued by the Director. Failure to comply with the provisions of the Act can result in significant consequences. Under section 23 of the Act, any person who contravenes a requirement or prohibition may be liable for various penalties. For example, an individual officer or employee of a corporation can face a fine of up to 5,000 penalty units, while a corporation can be fined up to 25,000 penalty units. Additionally, both individuals and corporations can be subject to imprisonment, with maximum terms specified in the Act. These penalties are intended to ensure strict adherence to the security measures mandated by the Act, thereby protecting Australia's maritime and offshore infrastructure.