NTC-29688 - Exemption from Holding and Displaying a Maritime Security Identification Card in a Port Security Zone

Overview

The Maritime Transport and Offshore Facilities Security Regulations 2003 were enacted to ensure the security of maritime transport and offshore facilities in Australia. These regulations were introduced to address potential security risks and to provide a framework for the protection of critical maritime infrastructure. The enacting body was the Parliament of Australia, with the policy objective of enhancing the security of Australia's maritime borders and facilities against terrorist attacks and other security threats. This specific revocation and exemption notice issued by a Delegate of the Secretary of the Department of Home Affairs aims to provide a temporary exemption from the requirement to hold, carry or display a Maritime Security Identification Card (MSIC) to certain personnel involved in the Flinders Adelaide Container Terminal, GatewaySA Terminal Transformation Project, while maintaining stringent security measures to mitigate potential risks within the designated exemption zone.

Scope and Application

The Maritime Transport and Offshore Facilities Security Regulations 2003, as amended, provides a framework for ensuring the security of maritime transport and offshore facilities in Australia. Specifically, regulation 6.07M pertains to the exemption from holding, carrying or displaying a Maritime Security Identification Card (MSIC) within designated areas of a port. In this instance, the Delegate of the Secretary of the Department of Home Affairs has revoked a previous notice, NTC-29561, which had exempted Flinders Ports Pty Limited’s employees, workers and contractors from MSIC requirements for construction activities within a specified zone at the Flinders Adelaide Container Terminal. However, a new exemption is granted, contingent upon specific conditions and limited to a defined area within the land-side restricted zone of the terminal. This exemption is valid from 2 December 2025 until 1 December 2026 and applies only to those individuals who have undergone identity verification, completed a site induction, and are issued with a distinctive exemption card, while ensuring their access is logged electronically or manually. The exemption is tightly controlled and does not extend beyond the specified MSIC exemption zone, with normal security protocols remaining in effect elsewhere within the port's regulated boundaries.

Key Provisions

The main operative sections of this Gazette, NTC-29688, concern the revocation and reissuance of an exemption from holding, carrying, or displaying a Maritime Security Identification Card (MSIC) in a specific port security zone. Specifically, regulation 6.07M of the Maritime Transport and Offshore Facilities Security Regulations 2003 is invoked to revoke notice NTC-29561 (paragraph 1) and subsequently grant a new exemption to certain personnel involved in construction activities at the Flinders Adelaide Container Terminal as part of the GatewaySA Terminal Transformation Project (paragraph 2). This exemption pertains exclusively to the land-side restricted zone within the security-regulated port of Port Adelaide, as detailed in the attached maps (paragraph 3). The obligations and requirements imposed by this Act include stringent identity verification and security measures. All personnel granted this exemption must have their identity verified by Flinders Ports Pty Limited, complete a site induction, and display a distinctive 'Gateway SA Contractor' exemption card at all times (paragraphs 5 and 6). Their access to the site must be recorded in either the 'Gallagher' electronic access control system or a manual logbook if the electronic system is unavailable (paragraph 7). Flinders Ports Pty Limited is mandated to maintain access control in accordance with the procedures outlined in their MSIC exemption application (paragraph 8). Furthermore, this exemption applies solely to the defined MSIC exemption zone; normal access controls and MSIC requirements still apply to the rest of the port security zone (paragraph 9). The Gazette outlines the consequences for breach of the conditions set forth in this exemption. Flinders Ports Pty Limited is responsible for ensuring compliance with the specified conditions. Failure to adhere to these conditions may result in the revocation of the exemption and the reimposition of standard MSIC requirements. Additionally, any breach of the security protocols or unauthorised access within the MSIC exemption zone could lead to further legal and security repercussions as stipulated by the Maritime Transport and Offshore Facilities Security Regulations 2003. The exemption is in force from 2 December 2025 and will remain in effect until 1 December 2026, unless revoked earlier in writing and published in the Gazette (paragraph 12).