Notice of Revocation of Security Regulated Offshore Facility – Modec Venture 11

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Parliament of Australia to address the need for stringent security measures for maritime transport and offshore facilities, ensuring the protection of critical infrastructure and the safety of individuals within Australia's maritime domain. The Act was designed to provide a legislative framework that complements existing maritime safety and security regulations, specifically targeting potential threats to offshore facilities and vessels that could affect national security. The policy objective of the Act is to establish a robust security regime that mitigates risks associated with offshore facilities, thereby enhancing Australia's overall maritime security posture. The revocation of the security regulated status of the Modec Venture 11, as communicated in the gazette notice dated 27 August 2018, exemplifies the Act's application in responding to changing security landscapes. This revocation was carried out under the authority vested in the Acting Director, Transport Security Operations, Aviation and Maritime Security Division, pursuant to subsection 17B(1) of the Act, underscoring the Act's role in dynamically adjusting security regulations in line with current risk assessments and operational needs.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to various persons and entities involved in maritime transport and offshore facilities, particularly focusing on the security of these operations. The Act is designed to enhance the security of offshore facilities that are critical to the nation's infrastructure and to ensure compliance with national security measures. It applies to offshore facilities within the Australian maritime zone, including any territorial sea, contiguous zone, exclusive economic zone, and continental shelf of Australia. The Act's jurisdictional reach is national, extending to any offshore facility that is declared as a security regulated offshore facility under the Act. The Act allows for the revocation of the declaration of such facilities, as evidenced by the revocation of the Modec Venture 11 facility, which was previously designated as a security regulated offshore facility. Any exclusions or exemptions are typically defined within the subordinate instruments or regulations associated with the Act, which can further specify the application of the Act to particular entities or activities. This revocation notice, issued under the authority of the Acting Director, Transport Security Operations, effectively removes the Modec Venture 11 from the list of security regulated offshore facilities, thus altering its regulatory status under the Act.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the "Act") governs the security of maritime transport and offshore facilities in Australia. The primary operative section relevant to this notice is section 17B(1), which provides the authority to revoke the declaration of an offshore facility as a security regulated facility. In this case, Modec Venture 11, which was previously declared as a security regulated offshore facility (Gazette No. C2012, G00033, dated 22/08/2012), has had its declaration revoked by the Acting Director, Transport Security Operations, Aviation and Maritime Security Division, under subsection 17B(1) of the Act. This revocation is effective from the date of publication in the Gazette. The Act imposes obligations and requirements on parties or entities it governs, including the need for offshore facilities to comply with specific security measures. These measures are designed to protect the facilities from potential threats and ensure the safety and security of personnel and the environment. The revocation of the security regulated status of Modec Venture 11 means that it is no longer subject to the stringent security requirements that were previously in place. This decision may have been made due to changes in the facility's operations, security risk assessment, or other factors deemed relevant by the Acting Director. Failure to comply with the Act's provisions can result in various consequences, including offences and penalties. For example, section 30 of the Act outlines the potential criminal penalties for non-compliance, which can include fines and imprisonment. Additionally, section 31 of the Act allows for civil penalties to be imposed for breaches of the Act. However, it is important to note that the specific penalties and consequences for breach are not detailed in the notice itself, and would need to be referred to in the Act or relevant regulations for further information. In summary, the Maritime Transport and Offshore Facilities Security Act 2003 governs the security of maritime transport and offshore facilities in Australia, and section 17B(1) provides the authority to revoke the declaration of an offshore facility as a security regulated facility. The revocation of the security regulated status of Modec Venture 11 means that it is no longer subject to the stringent security requirements that were previously in place. Non-compliance with the Act's provisions can result in offences, penalties, and civil or criminal consequences, as outlined in the Act and relevant regulations.