NTC-24611
Maritime Transport and Offshore Facilities Security Act 2003
NTC-24611 - DECLARATION OF SECURITY REGULATED PORT – PORT OF NEWCASTLE
I am a Delegate of the Secretary of the Department of Home Affairs. Under subsection 13(1) of the
Maritime Transport and Offshore Facilities Security Act 2003 (the Act), I:
REVOKE Notice M00879 which declared the Port of Newcastle as a security regulated port as
published in the Gazette (GN 45, 2012 - C2012G00261 on 14 November 2012); and
REVOKE Notice NTC-16658 which declared the Port of Newcastle as a security regulated port as
published in the Gazette (C2019G00754 on 23 August 2019); and
DECLARE that the area of the port of Port of Newcastle intended for use either wholly or partly in
connection with the movement, loading, unloading, maintenance or provisioning of security regulated
ships, the boundaries of which are shown on the attached map, to be a security regulated port.
This Notice commences upon publication in the Gazette.
Jaran Blethyn
Assistant Director, Critical Infrastructure Regulatory Operations and Analysis
Cyber and Infrastructure Security Operations
Delegate of the Secretary of the
Department of Home Affairs
28 March 2023
Note:
1) Gazette means the Commonwealth of Australia Gazette
2) This Notice remains in force until otherwise revoked in writing and upon subsequent publication in the Gazette
Overview
The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the need for enhanced security measures in maritime transport and offshore facilities to safeguard against terrorism and other security threats. This Act provides a legislative framework that facilitates the protection of critical maritime infrastructure and vessels by imposing security obligations on relevant parties. The Australian Parliament enacted this Act to ensure the safety and security of maritime transport and offshore facilities within Australia’s jurisdiction. The policy objective of the Act is to mitigate risks to national security by ensuring that adequate security measures are implemented and enforced in these critical areas. The Act empowers the relevant authorities to declare certain ports and offshore facilities as "security regulated," thereby requiring compliance with specific security measures and obligations.
Scope and Application
The Maritime Transport and Offshore Facilities Security Act 2003 applies to the security of maritime transport and offshore facilities within Australia. It covers a range of entities, including ships, offshore installations, and ports, and seeks to ensure that appropriate security measures are implemented to protect against terrorism and other security threats. The Act applies to persons and entities involved in the maritime transport industry, including ship operators, port authorities, and offshore facility operators. The geographic reach of the Act extends to Commonwealth waters and the maritime zones of Australia. The Act's application can be extended or restricted through subordinate instruments, such as regulations or codes of practice. There are no stated exclusions or exemptions in the Act, although certain thresholds may apply to the imposition of security measures. The revocation of the Port of Newcastle as a security regulated port in the recent Gazette Notice demonstrates the Act's flexibility in adapting to changing security needs and circumstances.
Key Provisions
The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) contains several key provisions that govern security in maritime transport and offshore facilities. Under section 13(1) of the Act, the Secretary of the Department of Home Affairs, through a delegate, can declare certain areas of ports to be security regulated ports (subsections 13(1)(a) and 13(1)(b)). This allows for the targeted application of security measures to areas where security regulated ships are involved in activities such as movement, loading, unloading, maintenance, or provisioning. The Act also provides for the revocation of previous declarations, as seen in this case with the revocation of Notices M00879 and NTC-16658, which previously declared the Port of Newcastle as a security regulated port (subsections 13(1)(c) and 13(1)(d)).
The Act imposes obligations on various parties to ensure the security of maritime transport and offshore facilities. These obligations include compliance with security measures and regulations that are established by the Secretary, through notices or other means. This includes adherence to any specific requirements or procedures outlined in these regulations. The Act also mandates that the Secretary must provide details of the boundaries of the security regulated port in the Gazette, which serves to inform the public and relevant stakeholders of the specific areas subject to security regulations.
Breaching the provisions of the Act can lead to serious consequences. While the Act itself does not explicitly state penalties, breaches of security regulations can result in enforcement actions by the Secretary. This may include fines, legal proceedings, and other measures as deemed necessary to ensure compliance. The severity of the penalties can vary based on the nature and extent of the breach, but they are intended to enforce the importance of maritime security and the compliance with the Act. The Act's focus on security suggests that penalties for non-compliance are likely to be significant, reflecting the critical nature of the security measures involved.