Revocation of Exemptions from Holding Carrying or Displaying A Maritime Security Identification Card

Overview

The Maritime Transport and Offshore Facilities Security Regulations 2003 were enacted by the Australian Parliament to address security concerns related to maritime transport and offshore facilities. These regulations were designed to provide a framework for ensuring the security of these critical areas against potential threats. This specific piece of legislation, C2015G01580, published in the Gazette on 21 September 2015, revokes certain exemptions previously granted under regulation 6.07M, which pertain to the requirement for individuals to hold, carry, or display a maritime security identification card. The revocation was executed by Pauline Sullivan, the General Manager of Transport Security Operations, and delegate of the Secretary of the Department of Infrastructure and Regional Development. The revocation is effective from the date of publication in the Gazette and aims to ensure that all personnel involved in maritime transport and offshore facilities security adhere to the necessary identification and security protocols, thereby enhancing overall maritime security.

Scope and Application

The Maritime Transport and Offshore Facilities Security Regulations 2003, as amended by the revocation of exemptions under regulation 6.07M, applies to individuals and entities involved in maritime transport and offshore facilities security within Australia. Specifically, it mandates the holding, carrying, or displaying of a Maritime Security Identification Card for certain personnel working on vessels and offshore facilities. This legislation encompasses the entire Commonwealth of Australia, ensuring that maritime security requirements are uniformly enforced across all states and territories. The revocation of exemptions, as stated in the notices M01326, M01650, NTC-4780, and NTC-5060, removes previously granted exceptions that allowed certain personnel to be exempt from holding a Maritime Security Identification Card. This change ensures a consistent application of security measures and aligns with international maritime security standards. The revocation takes effect from the day of its publication in the Commonwealth of Australia Gazette, making it imperative for all relevant parties to comply with the updated requirements without delay.

Key Provisions

The main operative sections of the revocation, as outlined in the Gazette, pertain to the withdrawal of exemptions under regulation 6.07M of the Maritime Transport and Offshore Facilities Security Regulations 2003. These exemptions were previously granted through several notices, specifically notice M01326 (C2014G00411) published on 7 March 2014, notice M01650 (C2014G01498) published on 4 September 2014, notice NTC-4780 (C2014G01820) published on 5 November 2014, and notice NTC-5060 (C2014G02067) published on 15 December 2014. The revocation of these exemptions means that all individuals who were previously exempt from holding, carrying, or displaying a maritime security identification card are now subject to the requirement to comply with regulation 6.07M. The revocation imposes several obligations on the parties or entities it governs. Firstly, any individual who was previously exempt under the revoked notices must now obtain, carry, and display a maritime security identification card as required by regulation 6.07M. This includes ensuring that the identification card is valid and up-to-date at all times. Additionally, the revocation mandates that these individuals adhere to any further instructions or requirements issued by the relevant authorities in relation to maritime security identification cards. Compliance with these obligations is critical to maintaining maritime security standards and ensuring that all individuals involved in maritime operations are appropriately identified and authorised. Failure to comply with the revocation and the requirements of regulation 6.07M can lead to various consequences. Under the Maritime Transport and Offshore Facilities Security Regulations 2003, any individual who does not hold, carry, or display a maritime security identification card as required may be subject to civil or criminal penalties. Specifically, the maximum penalty for contravening regulation 6.07M is a fine of up to $6,600 for an individual, or $33,000 for a corporation. Additionally, continued non-compliance could result in further enforcement actions, including potential legal proceedings, which could have serious implications for the individuals and entities involved. It is essential for all affected parties to understand and comply with the requirements to avoid these potential consequences.