NTC-29286 – Declaration of Security Regulated Port – Port of Burnie

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Australian Parliament to address the need for enhanced security measures within maritime transport and offshore facilities, aiming to safeguard national security and public safety. The Act provides a framework for identifying and regulating security risks associated with maritime activities, particularly concerning the movement, loading, unloading, maintenance, or provisioning of ships that are subject to security regulations. This legislative measure was introduced to fill a critical gap in the protection of maritime infrastructure against potential threats. The Act empowers the Secretary of the Department of Home Affairs to designate specific ports and areas within ports as security regulated zones, thereby ensuring that appropriate security measures are implemented and enforced. The policy objective underpinning the Act is to fortify the security of maritime operations and offshore installations, thereby contributing to the overall safety and stability of Australia’s maritime domain.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to security regulated ships, maritime transport, and offshore facilities within Australia, specifically targeting the protection of these entities against potential security threats. The Act establishes the regulatory framework for designating certain ports as security regulated ports, thereby enabling stringent security measures to be implemented. This applies to persons and entities involved in maritime transport and offshore operations, including ship operators, port authorities, and offshore facility managers. The geographic reach of the Act is national, extending across all states and territories in Australia, ensuring a unified approach to maritime security. The Act allows for the exclusion of certain ports or facilities from being designated as security regulated ports under specific conditions, and its provisions can be extended or modified through subordinate instruments such as notices and regulations published in the Commonwealth of Australia Gazette. The Act does not specify particular exclusions, exemptions, or thresholds within its primary text but leaves the detailed application and interpretation to subsequent administrative actions and notices, such as the revocation or declaration of specific ports as security regulated ports.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) includes provisions for declaring and revoking areas designated as security regulated ports, such as the Port of Burnie. Under subsection 13(1) of the Act, a Delegate of the Secretary of the Department of Home Affairs can revoke or declare an area as a security regulated port. This has been exercised in Notice NTC-29286, which revokes the previous declaration (NTC-12428) and designates a specific area within the Port of Burnie as a security regulated port. This area is intended for use in connection with the movement, loading, unloading, maintenance, or provisioning of security regulated ships. The declaration is effective from the date of its publication in the Gazette, in this case, 12 October 2025. The Act imposes several obligations on parties and entities that operate within a security regulated port. These obligations include compliance with security measures and regulations designed to protect maritime transport and offshore facilities from potential threats. Operators of ships, port authorities, and other relevant parties must adhere to the security protocols and procedures established by the Act. This includes the implementation of security plans, reporting of security incidents, and cooperation with authorities to ensure the safety and security of the port and its operations. The Act also mandates that designated security officers be appointed to oversee the implementation and enforcement of these security measures. Breaches of the Act’s provisions can result in various consequences, including civil and criminal penalties. Under the Act, individuals or entities found in violation of the security regulations may face fines and imprisonment. For example, subsection 18(1) specifies that any person who contravenes a direction given under the Act can be fined up to $22,200 for an individual or $111,000 for a body corporate. Additionally, subsection 18(2) stipulates that any person who fails to comply with a requirement or prohibition under the Act can be fined up to $22,200 for an individual or $111,000 for a body corporate, and in the case of ongoing breaches, an additional fine of up to $1,110 for each day the breach continues. These penalties are intended to enforce compliance and deter non-compliance with the security regulations set out in the Act.