Notice of Designation of Port Operator - Port Kembla Operations Pty Ltd

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the need for enhanced security measures for maritime transport and offshore facilities within Australia. This legislation was introduced by the Australian Parliament to ensure that security provisions are in place to protect the nation’s maritime infrastructure, which is vital for economic and national security. The policy objective of the Act is to establish a framework that mandates the security of ports and offshore facilities, thereby preventing potential threats to these critical assets. The Act includes provisions for designating operators responsible for implementing security measures at designated ports, reflecting the government’s commitment to safeguarding Australia’s maritime interests. This legislative instrument, issued under the authority of the Act, revokes the designation of the previous port operator, Port Kembla Port Corporation Pty Ltd, and designates Port Kembla Operations Pty Ltd as the new port operator for the Port of Port Kembla. The change is intended to ensure that the appropriate entity is responsible for maintaining the security standards required by the Act. The notice, published in the Commonwealth of Australia Gazette, signifies the formal administrative action taken to update the designated port operator, ensuring continued compliance with security regulations.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to designated port operators, their employees, and relevant maritime transport activities within the jurisdiction of the Commonwealth of Australia. This Act aims to ensure the security of maritime transport and offshore facilities by designating specific port operators responsible for implementing security measures. In the context of the notice published in the Gazette on 22 May 2013, the Act revokes the designation of Port Kembla Port Corporation Pty Ltd and instead designates Port Kembla Operations Pty Ltd as the port operator for the security regulated port of Port Kembla. This change is effective upon publication in the Gazette and remains in force until formally revoked. The Act’s application extends to all security-regulated ports in Australia, ensuring consistent security protocols are enforced by authorised port operators. Exclusions or exemptions from the Act's application are not specified in this notice, but they may be defined in the Act or through subordinate instruments.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) contains several key provisions that govern the security of maritime transport and offshore facilities in Australia. Section 14(1) of the Act allows the Regional Director, Transport Security Operations, to designate a port operator for a security regulated port. This specific notice revokes the designation of Port Kembla Port Corporation Pty Ltd as the port operator for the Port of Port Kembla, and designates Port Kembla Operations Pty Ltd as the new port operator (s.14(1)). This change becomes effective upon its publication in the Gazette. The Act imposes specific obligations and requirements on the designated port operator. These include ensuring that security measures are in place and are regularly reviewed to protect the port and its facilities from security threats (s.6). The port operator must also cooperate with the Transport Security Operations to facilitate security operations, provide necessary information, and comply with any direction given under the Act (s.10). Furthermore, the port operator is required to maintain records of security measures and any incidents, and to report these to the Transport Security Operations as needed (s.12). Failure to comply with the obligations set out in the Act can result in various consequences. Under section 18 of the Act, a person who contravenes the Act can be subject to civil penalties. Specifically, an individual can face a penalty of up to 500 penalty units ($99,500 as of 2023), while a body corporate can face a penalty of up to 2.5 million penalty units ($497.5 million as of 2023). Additionally, under section 19, a person found guilty of an offence under the Act can be subject to criminal penalties. The maximum penalty for an individual is 10,000 penalty units ($1,990,000 as of 2023) or imprisonment for five years, or both. For a body corporate, the maximum penalty is 50,000 penalty units ($9,950,000 as of 2023) or both fines and imprisonment if the offence is committed under negligent circumstances. These penalties underscore the seriousness with which the Act treats non-compliance with maritime and offshore security regulations.