Maritime Transport and Offshore Facilities Security Act 2003
Notice of declaration of security regulated port – PORT of NORFOLK ISLAND
I, MICHAEL WILLIAM ROWE, 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 Port of Norfolk Island published in the Gazette (No. GN37, 20 September 2006); and
DECLARE that the area of the port of Port of Norfolk Island 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 and descriptions, to be a security regulated port.
This Notice commences upon publication in the Gazette.
Date: 10 July 2013
Michael Rowe
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.
SECURITY REGULATED PORT BOUNDARY DESCRIPTION
Description of Port of Norfolk Island
State / Territory: Territory of Norfolk Island
Map Number: Geocat 70298
The Security Regulated Port of Norfolk Island is all that area of land and water contained within and bounded by a line commencing at a point in the South Pacific Ocean north-west of Norfolk Island at the point of intersection of the parallel of latitude 28° 59’ 30”south with the meridian of longitude 167° 54’ 30” east;
thence east along that parallel of latitude to its point of intersection with the meridian of longitude 168° 00’ 00”east;
thence south along that meridian to its point of intersection with the parallel of latitude 29° 04’ 00”south;
thence west along that parallel of latitude to its point of intersection with the meridian of longitude 167° 54’ 30” east;
thence north along that meridian of longitude to the point of commencement.
Notes:
1. All coordinates are in reference to the WGS 84 geodetic datum.
2. This description should be read in conjunction with the Security Regulated Port Boundary map. In the event of an inconsistency between the written description and the map, the former prevails.
3. This description and the associated maps have been compiled from information provided in February 2010 by the Office of Transport Security, Department of Infrastructure and Transport.
Overview
The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Parliament of Australia to address security concerns related to maritime transport and offshore facilities. The Act aims to ensure the protection of maritime transport and offshore facilities from security threats through the regulation of security measures and the designation of security regulated ports. In this context, the Act empowers the Regional Director, Transport Security Operations, Office of Transport Security, Department of Infrastructure and Transport, to revoke or declare specific areas as security regulated ports. In accordance with the Act, the Regional Director has revoked the previous declaration of the security regulated port of the Port of Norfolk Island and has declared the area of the port intended for use in connection with the movement, loading, unloading, maintenance or provisioning of security regulated ships as a security regulated port. This Notice, published in the Commonwealth of Australia Gazette, comes into effect upon publication and remains in force until revoked in writing and subsequently published in the Gazette.
Scope and Application
The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) applies to designated security regulated ports and ships, aiming to safeguard maritime transport and offshore facilities from security threats. Specifically, this Act governs the conduct and transactions occurring within the defined boundaries of security regulated ports, where activities such as the movement, loading, unloading, maintenance, or provisioning of security regulated ships take place. The Act's jurisdiction extends to Commonwealth waters, with the scope of application determined by the boundaries of declared security regulated ports. Notably, the Act revokes the previous declaration of the Port of Norfolk Island as a security regulated port and establishes new boundaries, as outlined in the attached map and descriptions. This Notice, issued under subsection 13(1) of the Act, remains in effect until it is revoked in writing and subsequently published in the Gazette. The Act allows for the application to be extended or restricted through subordinate instruments, ensuring flexibility in addressing evolving security needs.
Key Provisions
The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) governs the security of maritime transport and offshore facilities in Australia. Section 13(1) of the Act allows the Regional Director, Transport Security Operations, to declare and revoke areas designated as security regulated ports. In this case, the Regional Director has revoked the previous declaration of the Port of Norfolk Island as a security regulated port (subsection 13(1)) and declared a new area of the port as a security regulated port. This change was published in the Gazette (No. GN37, 20 September 2006) and the Notice of revocation and declaration commenced upon publication in the Gazette (subsection 13(1)).
Under the Act, the obligations imposed on parties and entities governed by this legislation include ensuring compliance with security measures for the designated security regulated port. This involves adhering to security regulations, implementing appropriate security measures, and cooperating with relevant authorities in the enforcement of these measures. The Act also mandates the development and maintenance of a Security Plan for the designated port, which outlines the specific security measures and procedures to be followed.
Breaches of the Maritime Transport and Offshore Facilities Security Act 2003 can result in both civil and criminal consequences. Civil penalties can be imposed for non-compliance with the Act, including fines of up to $22,200 for individuals and $111,000 for corporations (subsection 15(1)). In more severe cases, criminal offences can be charged, leading to imprisonment for up to five years (subsection 15(2)). The maximum penalties for criminal offences may vary depending on the specific breach and the jurisdiction in which the offence occurred. Additionally, the Act may also provide for the revocation of security clearances or permits, as well as the imposition of other administrative penalties for non-compliance.