Notice of Declaration of Security Regulated Port – Port of Port Kembla

Overview

The Maritime Transport and Offshore Facilities Security Act 2003, enacted by the Commonwealth Parliament, was introduced to address the need for stringent security measures in maritime transport and offshore facilities to safeguard Australia’s national security and maritime interests. The Act establishes a framework for the regulation of security in designated ports and offshore facilities, ensuring that appropriate measures are in place to protect against acts of terrorism, piracy, and other security threats. This legislative initiative aims to provide a structured approach to identifying and managing risks in maritime transport and offshore operations, thereby enhancing the overall security posture of Australia’s maritime domain. In exercising the powers granted under the Act, Christine Deegan, the Director of Transport Security Operations within the Aviation and Maritime Security Division of the Department of Home Affairs, has issued a notice revoking the previous declaration of Port Kembla as a security regulated port and has simultaneously declared a specified area of the port to be a security regulated port. This action underscores the ongoing commitment to adapt and refine security measures in response to evolving threats and operational requirements, ensuring that designated maritime areas continue to meet the stringent security standards prescribed by the Act.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to designated security regulated ports, which include the areas within a port used for the movement, loading, unloading, maintenance, or provisioning of security regulated ships. The Act applies to persons and entities involved in maritime transport activities within these designated areas, imposing specific security requirements to safeguard against potential threats. The geographic reach of the Act is national, with its provisions extending to all ports designated as security regulated under the Act, thereby ensuring a uniform standard of security across the Commonwealth of Australia. The Act may be subject to amendments and extensions through subordinate instruments, which may further define the scope and application of the Act. Notably, the Act excludes certain areas or activities not directly associated with maritime transport or offshore facilities, as specified by relevant authorities. The revocation and declaration of specific port areas as security regulated ports are governed by the Act and are subject to ministerial or delegated authority, as demonstrated by the revocation and re-declaration of the Port of Port Kembla.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) contains several key provisions that are central to its operation. Section 13(1) of the Act empowers the Director, Transport Security Operations, Aviation and Maritime Security Division to declare or revoke a port as a security regulated port. This is precisely what the Notice under discussion does by revoking the previous declaration for Port Kembla and subsequently declaring a specific area within the port as a security regulated port. This area, as detailed in the Notice, is intended for activities such as the movement, loading, unloading, maintenance, or provisioning of security regulated ships. The boundaries of this area are clearly defined in the attached map and descriptions accompanying the Notice. Under the Act, the obligations imposed on the parties or entities governed by the Act are primarily focused on ensuring the security of maritime transport and offshore facilities. The Act requires these entities to adhere to stringent security measures to protect against potential threats. For instance, the declaration of a port as a security regulated port mandates the implementation of specific security protocols. These protocols include the deployment of security personnel, the installation of surveillance systems, and the maintenance of stringent access controls. The entities involved must ensure that these measures are in place and operational at all times to comply with the Act. The Act also outlines the consequences for non-compliance. Section 13(2) provides that any person who contravenes a provision of the Act is liable to face penalties. The nature and severity of these penalties depend on the specific breach and the circumstances surrounding it. For instance, breaches related to the security of ships or offshore facilities may attract more severe penalties compared to administrative lapses. The Act does not specify maximum penalties in the text provided, but it is understood that penalties can include substantial fines and, in some cases, imprisonment. The exact penalties are determined by the courts based on the gravity of the offence. In summary, the Maritime Transport and Offshore Facilities Security Act 2003 mandates the declaration and revocation of security regulated ports through specific sections such as 13(1). It imposes stringent obligations on the entities within these ports to maintain high security standards. Non-compliance with these obligations can result in significant penalties, which are determined by the courts based on the nature of the breach. The Notice in question revokes the previous declaration for Port Kembla and re-declares a specific area within the port as a security regulated port, highlighting the ongoing commitment to maritime security.