NTC-30004 – Designation of Port Operator – Port of Cape Preston West

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted by the Parliament of Australia to address security vulnerabilities within Australia's maritime transport and offshore facilities. This Act was introduced to safeguard national interests by establishing a robust framework for the security of these critical infrastructures, thereby ensuring that potential threats are mitigated effectively. The policy objective of the Act is to prevent and respond to acts of terrorism and other security risks that could impact maritime transport and offshore facilities, thereby protecting the economy and the lives of individuals within and around these areas. The Act empowers the Secretary of the Department of Home Affairs to designate specific entities as port operators responsible for implementing security measures at designated ports. The designation of Mardie Port Pty Ltd as the port operator for the Port of Cape Preston West under this Act, as demonstrated in the recent Gazette notice dated 23 March 2026, exemplifies the practical application of the Act in assigning responsibilities and ensuring adherence to security protocols. This legislative measure is pivotal in maintaining the integrity and security of Australia's maritime and offshore operations.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to entities involved in the operation and security of maritime transport and offshore facilities within Australia. This includes the designation of port operators responsible for implementing security measures at specific ports. In this case, Mardie Port Pty Ltd (ACN 657 928 133) is designated as the port operator for the Port of Cape Preston West. This designation empowers the company to manage and enforce security protocols in line with the Act's provisions, ensuring the protection of maritime transport and offshore infrastructure. The Act extends its jurisdiction across Commonwealth waters and applies to any offshore facilities that fall under its purview. Subordinate instruments may further extend or specify the application of the Act, detailing particular security requirements or operational standards that must be adhered to by designated port operators.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) provides various provisions related to the security of maritime transport and offshore facilities. One key provision is section 14(1), which allows the Secretary of the Department of Home Affairs to designate a port operator for a specific port. In this instance, Mardie Port Pty Ltd has been designated as the port operator for the Port of Cape Preston West under this section (subsection 14(1)). This designation is significant as it formalises the responsibilities and obligations that Mardie Port Pty Ltd will have to ensure the security of the port and its operations. Under the Act, the designated port operator, in this case Mardie Port Pty Ltd, is required to comply with various obligations and requirements. These include developing and implementing a port facility security plan that outlines measures to protect the port and its assets from security threats. The security plan must be approved by the Secretary and periodically reviewed to ensure its effectiveness. Additionally, the port operator must establish and maintain a port security team responsible for overseeing the implementation of the security plan and coordinating with relevant authorities. The operator must also ensure that all personnel with access to the port facility undergo appropriate security training and possess the necessary credentials. Failure to comply with the provisions of the Act can result in significant legal consequences. Under section 16 of the Act, any person who contravenes a provision of the Act, or who fails to comply with a direction given under the Act, is subject to an offence. The penalties for such offences can be severe. For example, under section 278 of the Criminal Code Act 1995, an individual officer who commits an offence under the Act can be fined up to 120 penalty units or imprisoned for up to two years, or both. For a body corporate, the penalties can be even higher, with fines reaching up to 600 penalty units. Additionally, any person who causes death or serious injury due to a breach of the Act can face more severe penalties, including fines of up to 3000 penalty units and imprisonment for up to ten years. In summary, section 14(1) of the Maritime Transport and Offshore Facilities Security Act 2003 designates Mardie Port Pty Ltd as the port operator for the Port of Cape Preston West, imposing specific obligations on the operator to ensure port security. These obligations include developing and implementing a security plan, establishing a security team, and ensuring personnel are adequately trained. Breaches of the Act can lead to significant penalties, including fines and imprisonment for individuals, and potentially higher fines for body corporates, with the most severe penalties reserved for cases resulting in death or serious injury.