NTC-28114 - Declaration of Security Regulated Port – Port of Mackay

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the need for stringent security measures in maritime transport and offshore facilities to protect against terrorist activities and other threats. This Act was introduced by the Parliament of Australia and its overarching policy objective is to ensure the security of maritime transport and offshore facilities, thereby safeguarding national interests and international maritime operations. The Act provides the framework for designating specific ports and offshore facilities as security regulated, enabling the implementation of enhanced security measures. A Delegate of the Secretary of the Department of Home Affairs has utilised this legislative power to revoke the previous designation of the Port of Mackay as a security regulated port and to re-declare specific areas within the port under the Act's security regulations. This action underscores the ongoing commitment to adapt and respond to the evolving security landscape, ensuring that critical maritime infrastructures are adequately protected.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to the security of maritime transport and offshore facilities, and it is applicable to any person or entity involved in maritime activities within the Commonwealth of Australia. The Act covers security measures for ships, port facilities, and offshore installations that are designated as security regulated. It also applies to any conduct or transactions that could potentially compromise the security of these designated areas. The Act extends its jurisdictional reach across the entire Commonwealth, ensuring a uniform approach to maritime and offshore security throughout Australia. The Act's application can be extended or modified through subordinate instruments, such as regulations or notices, which can detail specific security measures, thresholds, or exemptions. In the context of the revocation of the Port of Mackay as a security regulated port, this legislative framework allows for adjustments to security classifications based on evolving security assessments and operational needs.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) establishes and regulates security requirements for maritime transport and offshore facilities in Australia. Under section 13(1) of the Act, the Secretary of the Department of Home Affairs can declare certain ports as "security regulated ports". These are ports where additional security measures must be implemented to protect against maritime security threats. The recent Notice NTC-28114 revokes the previous declaration of the Port of Mackay as a security regulated port (NTC-14297, 14 February 2018) and re-declares a specific area within the Port of Mackay as a security regulated port, as shown on the attached map. Entities and individuals governed by the Act must adhere to the security measures outlined in the Act when operating in a security regulated port. This includes compliance with security plans and procedures, risk assessments, and the implementation of any additional security measures as prescribed by the Secretary. The Act also imposes an obligation on the operator of a security regulated port to provide information and facilities to support the enforcement of the Act, including allowing access to the port for inspection and other security-related activities. Failure to comply with the requirements of the Act can result in civil or criminal penalties. Under section 38 of the Act, an individual who contravenes a provision of the Act may be liable for a penalty of up to $22,200 for a corporation or $4,440 for an individual, as well as imprisonment for up to five years. Additionally, under section 41 of the Act, an officer of a corporation who is responsible for the management of a security regulated port and who fails to comply with the Act may be liable for a penalty of up to $22,200 for an individual or $44,400 for a corporation, along with imprisonment for up to five years. These penalties reflect the seriousness of the security obligations imposed by the Act and the potential risks associated with non-compliance.