Notice of Designation of Port Operator - Far North Queensland Ports Corporation Limited

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the significant vulnerabilities in Australia’s maritime transport and offshore facilities, particularly in the context of national security and economic stability. This legislation was introduced by the Australian Parliament to ensure the security of maritime transport and offshore facilities by providing a legislative framework for the protection against acts of terrorism and other security risks. The policy objective was to establish a robust system for the identification and management of security risks associated with these critical infrastructures, ensuring that they are adequately safeguarded against potential threats. The Act empowers the Minister to designate port operators and sets out the responsibilities and obligations of these operators in maintaining port security. The notice issued under the Act, dated 13 May 2014, by Roger Lonie, Delegate of the Secretary of the Department of Infrastructure and Regional Development, revokes the designation of Cairns Port Authority as the port operator for Cairns Port (inner) and Cairns Port (outer) and designates Far North Queensland Ports Corporation Limited as the new port operator for the security regulated port of Port of Cairns. This change aims to ensure that the port operations are aligned with the security standards and requirements stipulated in the Act. The notice becomes effective upon its publication in the Gazette, and it will remain in force until it is revoked in writing and subsequently published in the Gazette.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to port operators and offshore facilities within Australia, with a particular focus on security measures to safeguard maritime transport and offshore infrastructure. This Act applies to designated port operators, including the Far North Queensland Ports Corporation Limited, as evidenced by the revocation and subsequent designation of the port operator for the security regulated port of Cairns Port. The Act's jurisdiction spans across the Commonwealth, establishing a national framework for maritime security. Notably, the Act does not explicitly provide for exclusions or exemptions but does permit the delegation of certain powers to the Acting Regional Director, Transport Security Operations. The scope of the Act can be further extended or restricted through subordinate instruments, which align with the overarching objectives of maritime and offshore security. This Notice, published in the Gazette, signifies the revocation of the previous port operator designation for Cairns Port and the appointment of Far North Queensland Ports Corporation Limited, effective from the date of its publication.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) is a crucial piece of legislation aimed at ensuring the security of maritime transport and offshore facilities. Section 14(1) of the Act empowers the Acting Regional Director, Transport Security Operations, to designate or revoke the designation of port operators for security-regulated ports. In this specific case, the Notice revokes the designation of Cairns Port Authority as the port operator for Cairns Port (inner) and Cairns Port (outer), and designates Far North Queensland Ports Corporation Limited as the new port operator for the Port of Cairns. This designation change was published in the Gazette (No. GN 22, 2 June 2004) and became effective upon publication of this Notice in the Gazette on 13 May 2014. Under the Act, the port operator is responsible for implementing and maintaining security measures for the port to protect it against threats to maritime security. This includes developing and enforcing a security plan, ensuring compliance with the security regulations, and coordinating with other relevant authorities to enhance port security. The port operator is also required to report any security incidents to the relevant authorities and take appropriate actions to mitigate any security threats. The obligations imposed by the Act on the parties or entities it governs include the responsibility to maintain the security of the port and its facilities. This involves identifying and assessing potential security threats, implementing necessary measures to mitigate those threats, and ensuring that all personnel and visitors comply with the security regulations. The port operator must also conduct regular security audits and reviews to ensure the effectiveness of the security measures in place. Failure to comply with the provisions of the Act can result in both civil and criminal consequences. Section 31 of the Act outlines the offences and penalties for breaches, including fines of up to $126,000 for individuals and $630,000 for corporations, as well as imprisonment for up to 5 years. Additionally, the Act provides for the imposition of civil penalties for non-compliance, which can amount to up to $1,100 per day for individuals and $5,500 per day for corporations. These penalties are intended to ensure that port operators and other regulated entities take their security obligations seriously and adhere to the requirements set out in the Act.