Guide to Australian Maritime Security Arrangements GAMSA The GAMSA is issued by Australian Border Force on behalf of all Australian Government Lead Agencies. This edition was released by the ABF Commissioner (December 2020 ) Disclaimer This document was produced as a guide for the Australian Government and stakeholder agencies. The next edition of GAMSA will be updated following the implementation of the National Civil Maritime Security Strategy. Commercial decisions should not be based on the content of this work. Operational decisions made by maritime stakeholders may vary from the broad guidelines enunciated in the GAMSA. © Commonwealth of Australia 2020 This work is copyright. Apart from any use as permitted under theCopyright Act 1968 , no part may be reproduced by any process without prior written permission from the Commonwealth. Requests and inquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright Administration, Attorney-General’s Department, 3– 5 National Circuit, Barton, ACT, 2600 or posted at http://www.ag.gov.au/cca Published by Maritime Border Command Canberra September 2020 TRIM: ADD2020/1298553 Contents ABBREViations AND ACRONYMS VII INTRODUCTION 1 The need for a guide to Australian maritime security arrangements 3 Prevention, preparedness, response and recovery 3 Current national maritime security arrangements 5 Physical aspect to Australia’s maritime jurisdiction 6 Security threat aspect to Australia’s maritime jurisdiction 9 Responsibilities under the Security Forces Authority 10 International engagement 10 Australian arrangements 11 StaKEHOLDERS AND ROLES 13 Key Commonwealth Government agency roles 15 State and territory government agency roles 24 Non-government stakeholder roles and responsibilities 25 LEGAL AND administratiVE ASPECTS TO AUSTRALIA’S MARITIMe juRISDICTION 27 International obligations and responsibilities 29 Australia’s maritime zones 29 Maritime legislation 31 Australian maritime jurisdiction 32 Regional arrangements 32 Current Commonwealth specific regional arrangements 33 Criminal jurisdiction 37 Coronial investigation and inquests 39 Joint Petroleum Development Area 40 Geographic and other arrangements 40 ILLEGAL ACTIVITY IN PROTECTED AREAS 41 Illegal activity in protected areas 43 Prevention, preparedness, response and recovery 43 Description 43 Potential consequences for Australia 44 Potential judicial consequences for individuals undertaking illegal or criminal acts 44 Stakeholder coordination 44 ILLEGAL EXPLoitation OF natURAL RESOURCES 53 Illegal exploitation of natural resources 55 Description 55 Potential consequences for Australia 55 Potential judicial consequences for individuals undertaking illegal or criminal acts 56 Stakeholder coordination 56 MARINE POLLUTION 61 Marine pollution 63 Description 63 Potential consequences for Australia 63 Stakeholder coordination 64 PROHIBITED imports AND exports 67 Prohibited imports and exports 69 Description 69 Potential consequences for Australia 69 Potential judicial consequences for individuals undertaking illegal or criminal acts 69 Defence and strategic goods 70 Stakeholder coordination 71 UNAUTHORISED MARITIME ARRIVALS 73 Unauthorised maritime arrivals 75 Description 75 Potential consequences for Australia 75 Potential judicial consequences for individuals undertaking illegal or criminal acts 75 Stakeholder coordination 76 Stakeholder coordination 77 Public information management 77 International arrangements 77 COMPROMISE TO BIOSECURITY 79 Compromise to biosecurity 81 Description 81 Potential consequences for Australia 81 Potential judicial consequences for individuals undertaking illegal or criminal acts 81 Stakeholder coordination 81 Public information management 83 International arrangements 83 iv Contents PIRACY, ROBBERY OR VIOLENCE at SEA 85 Piracy, robbery or violence at sea 87 Key points 87 Description 87 Definitions 87 Potential consequences for Australia 88 Response framework 88 Stakeholder coordination 88 Public information management 89 MARITIME TERRORISM 91 Maritime terrorism 93 Description 93 Potential consequences for Australia 93 Potential judicial consequences for individuals undertaking illegal or criminal acts 94 Stakeholder coordination 96 Public information management 96 ANNEXES 97 Annex A – International arrangements 99 Annex B – Australian Government legislation and working arrangements 111 Annex C – Queensland 125 Annex D – New South Wales 133 Annex e – victoria 137 Annex F – Tasmania 143 Annex G – South Australia 147 Annex h – Western Australia 151 Annex I – Northern Territory 157 GLOSSARY 161 Glossary 162 INDEX 165 v LIST OF FIGURES Figure 1 Hierarchy of national security committees 5 Figure 2 Australia’s maritime jurisdiction 7 Figure 3 Shipping movements to and from Australia 8 Figure 4 Australia’s maritime zones—conceptual 30 Figure 5 Antarctica and Southern Ocean—the CCAMLR area and the Australian Antarctic Territory 35 Figure 6 Boundaries of the Southern Ocean and Indian Ocean sanctuaries 36 Figure 7 Crimes at Sea Act Cooperative Scheme Adjacent Areas 38 Figure 8 Commonwealth marine reserves 46 Figure 9 Australian historic shipwreck protected zones 46 Figure 10 Safety zones associated with oil and gas installations 47 Figure 11 Protected zones associated with Submarine Telecommunications Cables— located off Perth (top) and Sydney (bottom) 48 Figure 12 Commonwealth managed commercial fisheries within Australian waters 58 Figure 13 Great Barrier Reef Marine Park 130 Figure 14 Torres Strait maritime zones 131 Figure 15 Joint Petroleum Development Area and surrounding waters 156 LIST OF TABLES Table 1 Stakeholder roles and responsibilities: Illegal activity in protected areas 49 Table 2 Stakeholders and responsibilities: Illegal exploitation of natural resources 60 Table 3 Stakeholders and responsibilities: Marine pollution 65 Table 4 Stakeholders and responsibilities: Prohibited imports and exports 71 Table 5 Intentionally blank 76 Table 6 Stakeholders and responsibilities: Compromise to biosecurity 84 Table 7 Stakeholders and responsibilities: Piracy, robbery or violence at sea 90 Table 8 Stakeholders and responsibilities: Maritime terrorism 95 Table 9 Generic delineation of government responsibilities 122 vi Contents Abbreviations and acronyms AAD Australian Antarctic Division ABF Australian Border Force ACMA Australian Communications and Media Authority ACT Australian Capital Territory ADF Australian Defence Force AFMA Australian Fisheries Management Authority AFP Australian Federal Police AFZ Australian Fishing Zone AGD Attorney-General’s Department HM Branch Hydrographic and METOC Branch AMSA Australian Maritime Safety Authority ARPANSA Australian Radiation Protection and Nuclear Safety Agency ASIO Australian Security Intelligence Organisation ASIS Australian Secret Intelligence Service MBC Maritime Border Command BPT Border Protection Taskforce CAMLR Convention Convention on the Conservation of Antarctic Marine Living Resources CCAMLR Commission for the Conservation of Antarctic Marine Living Resources CCC Crisis Coordination Centre CEO Chief Executive Officer CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora Home Affairs Department of Home Affairs DAWE Department of Agriculture, Water and the Environment DCA Department of Communications and the Arts DFAT Department of Foreign Affairs and Trade DAWE Department of Agriculture, Water and Environment AGO Australian Geospatial - Intelligence Organisation DIO Defence Intelligence Organisation Health Department of Health ASD Australian Signals Directorate EEZ Exclusive economic zone EMA Emergency Management Australia EPBC Act Environment Protection and Biodiversity Conservation Act 1999 GAMSA Guide to Australian maritime security arrangements GBRMPA Great Barrier Reef Marine Park Authority HIMI Heard Island and McDonald Islands vii IMO International Maritime Organization Infrastructure The Department of Infrastructure, Transport, Regional Development and Communications IUCN International Union for Conservation of Nature IUU Illegal, unreported and unregulated JAMAG Joint Agencies Maritime Advisory Group MOU Memorandum of understanding MTOFSA Maritime Transport and Offshore Facilities Security Act 2003 NOPSEMA National Offshore Petroleum Safety and Environmental Management Authority NSC National Security Committee NSCDD National Security Capability Development Division NSLPD National Security Law and Policy Division NSPCG National Security Policy Coordination Group NSU National Security Unit NT Northern Territory NTAC National Threat Assessment Centre Guide to Australian OCS Offshore Constitutional Settlement Maritime Security Arrangements OGI Oil and gas industry GAMSA ONI Office of National Intelligence OPGGSA Offshore Petroleum and Greenhouse Gas Storage Act 2006 AMS Aviation and Maritime Security Division - Department of Home Affairs PM&C Department of the Prime Minister and Cabinet RAN Royal Australian Navy RCC Rescue Coordination Centre SFA Security Forces Authority SFAA Security Forces Authority Area SIEV Suspected irregular entry vessel SOLAS Safety of Life at Sea TSB Territorial Sea Baseline UNCLOS United Nations Convention on the Law of the Sea WA Western Australia WMD Weapons of mass destruction viii 1 INTRODUCTION Guide to Australian Maritime Security Arrangements This chapter discusses theGAMSA basic roles of all government and non-government stakeholders, including stakeholder involvement related to specific civil threats in Australia’s maritime jurisdiction. In terms