Notice of Declaration of Security Regulated Port – Port of Onslow (Beadon Creek) – NTC-20718

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Parliament of Australia to establish a framework for securing maritime transport and offshore facilities against acts of terrorism, unlawful interference, and other security threats. The Act was introduced to address the need for a coordinated approach to maritime security, ensuring that Australia’s maritime borders and offshore infrastructure are adequately protected. The Act empowers the relevant authorities to implement measures and regulations aimed at enhancing the security of maritime operations. In this instance, the Acting Director of Transport Security Operations, under the authority granted by the Act, has declared the Port of Onslow (Beadon Creek) a security regulated port, effective from its publication in the Gazette on 22 July 2021. This declaration aligns with the policy objective of the Act to safeguard critical maritime infrastructure and facilitate the smooth and secure movement of vessels involved in security-regulated activities.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to security regulated ships, offshore facilities, and ports within Australia, with a particular focus on areas designated as security regulated ports. This Act encompasses ships, offshore facilities, and port areas where there is a potential risk to maritime security, and mandates specific security measures to mitigate these risks. The declaration of a security regulated port, such as the Port of Onslow (Beadon Creek), under subsection 13(1) of the Act, extends the jurisdictional reach of the legislation to the specific geographic boundaries of the port as outlined in the attached maps. The Act applies to all persons, entities, and industries involved in maritime transport and offshore operations within these designated areas. Exclusions and exemptions may apply, but the specifics are not detailed in the notice. The application and enforcement of the Act can be extended or restricted through subordinate instruments, which may provide additional regulations or clarifications. This Notice is effective from its publication in the Gazette and remains in force until revoked in writing and upon subsequent publication in the Gazette.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) provides for the declaration of security regulated ports and sets out various security requirements for maritime transport and offshore facilities. Under section 13(1) of the Act, the Acting Director of Transport Security Operations, Aviation and Maritime Security Division, has the authority to declare an area of a port as a security regulated port if it is intended for use in connection with the movement, loading, unloading, maintenance, or provisioning of security regulated ships. This authority was exercised in the case of the Port of Onslow (Beadon Creek), which has been declared a security regulated port through the Notice of Declaration of Security Regulated Port – Port of Onslow (Beadon Creek) – NTC-20718. The declaration of the Port of Onslow as a security regulated port imposes specific obligations on parties and entities involved in maritime activities within this port. According to section 13(2) of the Act, it becomes mandatory for any person intending to load, unload, or maintain security regulated ships at this port to comply with the security requirements outlined in the Act. These requirements likely include measures such as securing the port area, ensuring personnel are vetted, and implementing protocols to prevent and respond to security threats. The Act also mandates that the owners or operators of the port must ensure that their operations comply with these security provisions to avoid any potential breaches. Failure to comply with the security requirements stipulated in the Act can result in various penalties and consequences. Under section 13(3), any person who contravenes the provisions of the Act may face criminal penalties, including fines and imprisonment. Specifically, for a corporation, the maximum penalty can be up to $210,000, and for an individual, the maximum penalty can be up to $42,000 or imprisonment for up to two years, or both. Additionally, section 13(4) allows for the possibility of civil penalties being imposed for breaches of the Act. These penalties serve as a deterrent to ensure compliance with the security measures designed to protect maritime transport and offshore facilities.