Notice of Designation of Port Operator – Onslow Marine Support Base Pty Ltd – NTC-20719

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the need for enhanced security measures in Australia's maritime transport and offshore facilities. The Act provides a legislative framework for the regulation and oversight of security at designated ports and offshore facilities to protect against acts of terrorism and other security threats. This Act was introduced by the Australian Parliament, with the aim of ensuring the safety and security of maritime activities and infrastructure, thereby safeguarding national interests and maintaining public confidence in maritime operations. In accordance with the Act, the Department of Home Affairs has designated Onslow Marine Support Base Pty Ltd as the port operator for the security-regulated port of Port of Onslow (Beadon Creek). This designation, effective from the date of publication in the Commonwealth of Australia Gazette on 22 July 2021, signifies the company's responsibility to implement and maintain security measures in compliance with the Act's provisions. This step is essential in upholding the policy objective of the Act, which is to mitigate security risks associated with maritime transport and offshore operations.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003, as amended and applied through instruments such as the NTC-20719 designation notice, applies to entities responsible for the operation of designated security regulated ports within Australia. Specifically, the Act applies to Port Operators who are designated by the Acting Director, Transport Security Operations, under subsection 14(1) of the Act. The designation of Onslow Marine Support Base Pty Ltd as the port operator for the Port of Onslow exemplifies the jurisdictional reach of the Act, extending across Commonwealth waters to ensure the security of maritime transport and offshore facilities. The Act's provisions are enforced to cover all relevant maritime activities within Australia's jurisdiction, ensuring compliance with security standards set forth by the Department of Home Affairs. Exclusions, exemptions, or thresholds are generally detailed within the Act or specified through subordinate instruments, with the application of the Act extending to all designated ports and their operations, thereby encompassing a wide array of maritime and offshore facilities and their security requirements.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) contains various provisions relating to the security of maritime transport and offshore facilities in Australia. Section 14(1) of the Act allows the Acting Director of Transport Security Operations to designate a port operator for a security regulated port. In this instance, Onslow Marine Support Base Pty Ltd (ACN 167 963 715) has been designated as the port operator for the Port of Onslow (Beadon Creek). This designation is made under the authority granted by the Secretary of the Department of Home Affairs, as evidenced in the Notice published in the Gazette on 22 July 2021. As the designated port operator, Onslow Marine Support Base Pty Ltd is subject to specific obligations and requirements under the Act. These include ensuring that appropriate security measures are implemented and maintained at the Port of Onslow. This involves conducting security assessments, developing and enforcing security plans, and ensuring that staff are adequately trained in security procedures. The port operator must also cooperate with relevant authorities, such as the Australian Federal Police and the Australian Border Force, to facilitate security operations and investigations. Furthermore, the port operator is responsible for reporting any security incidents or breaches to the appropriate authorities in a timely manner. Breaches of the obligations and requirements imposed by the Act may result in various consequences, including both civil and criminal penalties. For example, under section 32 of the Act, any person who contravenes a security requirement may be liable for a civil penalty not exceeding $10,000 for a minor contravention, or $100,000 for a serious contravention. Additionally, under section 33, any person who engages in conduct that constitutes an offence under the Act may be subject to criminal penalties, including fines and imprisonment. For instance, a person who knowingly contravenes a security requirement may face a maximum penalty of $222,000 or imprisonment for five years, or both, for an individual, and $1,110,000 or imprisonment for 25 years, or both, for a body corporate. These penalties are intended to deter non-compliance and ensure that security measures are effectively implemented and maintained at designated ports.