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Maritime Security Incident Reporting

Risk Context Statements provide the specified industry sectors with information on their sectors strategic risk context and the current security environment in Australia.

Summary

This section of the website provides information to assist maritime industry participants, as well as other persons with reporting responsibilities, on the form and manner in which to report the following:

  • a 'maritime transport or offshore facility security incident', as defined under section 170 of the Maritime Transport and Offshore Facilities Security Act 2003 (the MTOFSA); and
  • other security occurrences, such as a 'maritime security event', as explained in clause 2.3 of the Industry Code of Practice for the reporting of Maritime Security Events 2006 (the Code).

Maritime Transport or Offshore Facility Security Incidents

Part 9 of the MTOFSA sets out requirements to report maritime transport or offshore facility security incidents to the police, the Department of Infrastructure, Transport, Regional Development and Local Government OTS Coordination Centre and to other affected parties for:

  • port operators and port facility operators;
  • ship masters and ship operators;
  • offshore facility operators;
  • maritime security inspectors;
  • duly authorised officers;
  • maritime security guards;
  • screening officers; and
  • other maritime industry participants, e.g. port service providers.

A maritime transport or offshore facility security incident must be reported by all maritime industry participants and persons with incident reporting responsibilities on becoming aware of its occurrence, in accordance with the MTOFSA and the Maritime Transport and Offshore Facilities Security Act Notice About How Incident Reports Are To Be Made (No.2) (the Notice). The MTOFSA creates an offence, punishable by penalty, for failing to report incidents as soon as possible after becoming aware of them.

The Notice sets out the requirements for what information must be included in a report and how reports must be made when reporting a maritime transport or offshore facility security incident (as provided for in subsection 182(1) of the MTOFSA). A copy of the Notice is available on the Federal Register of Legislative Instruments (FRLI) website.

Other Security Occurrences

Maritime industry participants are required, under the MTOFSA and associated Regulations, to address procedures for reporting occurrences which threaten the security of their facility and/or operations.

One way of meeting the requirements for setting out procedures for reporting security occurrences to the Department is by implementation of the Code.

Maritime industry participants should note that the Code only covers the reporting of security occurrences to the Department and not other relevant authorities, Procedures for reporting to other relevant authorities will also need to be set out in the participant's security plan. The Department recommends that the Code's reporting framework be used as the basis of procedures for reporting to other relevant authorities.

Maritime industry participants should note that if they voluntarily choose to adopt the Code into their security plans, they will need to comply with the procedures as set out in the Code. This is because the MTOFSA imposes penalties where maritime industry participants fail to comply with their security plans.

Guidance material

The Department has developed guidance material to assist maritime industry participants, as well as persons with incident reporting responsibilities, with fulfilling their reporting requirements.

Note: Reports can be made in any form use of the Maritime Security Incident Report Form is not mandatory. However, not using this form for an incident creates a risk that not all information required in section 4 of the Notice will be included. Where not all information is included, the report is deemed not to have been made (subsection 182(3) of the Act).


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Last Updated: 24 July, 2008