Notice of Declaration of Security Regulated Port – Port of Portland

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the need for stringent security measures within Australia’s maritime transport and offshore facilities. This legislation was introduced by the Australian Parliament to ensure that adequate security protocols are in place to safeguard against potential threats to maritime transport and offshore infrastructure. The Act was designed to mitigate risks associated with the movement, loading, unloading, maintenance, and provisioning of ships that may pose a security threat, thereby enhancing the overall safety and security of Australia's maritime sector. The policy objective is to establish a robust framework for the identification and regulation of security-regulated ports, ensuring that these areas are managed under stringent security protocols to protect critical maritime infrastructure and assets. In the context of the Port of Portland, the Act provides the necessary authority to designate and regulate specific areas within the port as security-regulated zones. This authority allows for the effective implementation of security measures tailored to the unique needs and vulnerabilities of the port, ensuring that it meets the stringent security standards required under the Act. The revocation and re-declaration of the port as a security-regulated port underscore the dynamic nature of security requirements and the importance of regularly reviewing and updating security measures to address evolving threats.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to security regulated ships, which are vessels that are subject to specific security measures due to their potential use in acts of terrorism or other security threats. The Act also applies to the operators and owners of these ships, as well as to the operators and owners of offshore facilities that are connected to maritime transport. The Act is a Commonwealth Act and therefore applies throughout Australia, providing a national framework for the security of maritime transport and offshore facilities. The Act can be extended or restricted in application through subordinate instruments, such as regulations or determinations, which can specify particular security measures or exemptions for certain vessels or facilities. The Act does not apply to any port unless it has been declared a security regulated port by the relevant authority, such as the Acting Director, Transport Security Operations. The revocation and re-declaration of the Port of Portland as a security regulated port is an example of how the scope of the Act can be adjusted based on changing security needs and risks. The Act includes provisions for the establishment of security regulated ports, which are ports that are subject to specific security measures due to their potential use in acts of terrorism or other security threats. The Act also includes provisions for the security of offshore facilities, such as oil and gas platforms, that are connected to maritime transport. The Act sets out the security requirements for vessels and facilities, as well as the responsibilities of operators, owners, and other relevant persons. The Act also includes provisions for the enforcement of the security measures, including the power to board and search vessels and facilities, and to impose penalties for non-compliance. The Act provides exemptions for certain small vessels and facilities, as well as for vessels and facilities that are subject to other security measures. The Act also provides for the coordination of security measures with other agencies and jurisdictions, including state and territory governments, to ensure a consistent and effective approach to maritime and offshore security.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) contains several key provisions that are pertinent to the declaration and regulation of security in Australian ports. Section 13(1) of the Act empowers the Acting Director, Transport Security Operations, to declare an area of a port as a security regulated port. This section provides the legal basis for the revocation or declaration of such ports, as seen in the notice issued by Nicholas Anderson, the Acting Director, on 24 March 2017. The notice revokes the previous declaration of the Port of Portland as a security regulated port, which had been announced in the Gazette No. S 189 on 4 June 2004, and subsequently declares the same area to again be a security regulated port, with its boundaries detailed on the attached map. Under the Act, the obligations imposed on parties and entities within the declared security regulated port are significant. These obligations primarily involve adherence to security measures and protocols as stipulated by the Act and any accompanying regulations. The declaration of a port as a security regulated port means that all vessels and activities within the port must comply with stringent security requirements to safeguard against potential threats. This includes implementing security plans, conducting risk assessments, and ensuring that personnel are adequately trained in security procedures. The security measures are designed to protect ships and port facilities from incidents such as terrorism, piracy, and other forms of sabotage. The Act also outlines the consequences for non-compliance with its provisions. Breach of the security regulations within a declared port can lead to both civil and criminal penalties. Under section 26 of the Act, an individual or entity found guilty of an offence can be subject to fines and imprisonment. For instance, a person can be fined up to $22,000 or face imprisonment for up to one year, or both, for minor offences. More serious breaches, such as those involving wilful endangerment of life or property, can result in fines of up to $220,000 or imprisonment for up to ten years, or both. These penalties underscore the importance of adhering to the security regulations within these designated areas.