Border Protection Command1 Wing Commander Kevin Downs2 Deputy Director Strategic Plans, Border Protection Command
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Jump TO Article The article on the pages below is reprinted by permission from United Service (the journal of the Royal United Services Institute of New South Wales), which seeks to inform the defence and security debate in Australia and to bring an Australian perspective to that debate internationally. The Royal United Services Institute of New South Wales (RUSI NSW) has been promoting informed debate on defence and security issues since 1888. To receive quarterly copies of United Service and to obtain other significant benefits of RUSI NSW membership, please see our online Membership page: www.rusinsw.org.au/Membership Jump TO Article LECTURES AND PRESENTATIONS Border Protection Command1 Wing Commander Kevin Downs2 Deputy Director Strategic Plans, Border Protection Command Border Protection Command (BPC) is the Australian Governmentʼs lead organisation for security response in the Australian maritime domain. It is a standing multi-agency task force, which, during a civil maritime emergency, may draw on officers from many commonwealth (primarily), state and territory government agencies as well as civilian contractors, under the operational control of a two-star admiral, to address the threat. In this paper, Kevin Downs outlines the role and composition of BPC and explains how it executes its function. Established on 30 March 2005, Border Protection of the Australian Customs and Border Protection Command (BPC) (formerly known as Joint Offshore Service and the Chief of the Defence Force. Protection Command) is the Australian Government’s BPC is also responsive to the Strategic Maritime lead organisation for security response in the Australian Management Committee (SMMC). The SMMC provides maritime domain. BPC’s formation followed a high level whole-of-government policy and strategic recommendation from the 2004 Taskforce on Offshore direction with regard to Australia’s maritime security, Maritime Security – the ‘Tonkin’ Report. BPC is an and advises the National Security Committee of Australian Government standing multi-agency task Cabinet. The SMMC advises the National Security force with personnel drawn from the Australian Committee of Cabinet through the Secretaries’ Customs and Border Protection Service and Australian Committee on National Security on the appropriate Defence Force, with embedded liaison officers from the response to maritime security threats. Australian Fisheries Management Authority and Australian Quarantine and Inspection Service. Liaison BPC personnel routinely liaise with a range of other Mission Australian federal, state and territory government In concert with other government agencies and agencies. BPC also routinely coordinates and controls stakeholders, BPC protects Australia’s national specified capabilities from Customs and Border interests by generating awareness of activity in Protection, Defence and the Australian Maritime Safety Australia’s maritime domain and responding to mitigate, Authority to accomplish its mission. The agencies or eliminate, the risks posed by security threats. The assisted are: security threats facing Australia in the maritime domain • Australian Antarctic Division of the Department of are: the Environment, Water, Heritage & the Arts; • illegal activity in protected areas; • Australian Communications & Media Authority; • illegal exploitation of natural resources; • Australian Customs & Border Protection Service; • marine pollution; • Australian Federal Police; • prohibited imports and exports; • Australian Fisheries Management Agency; • unauthorised maritime arrivals; • Attorney General’s Department – Critical • compromise to bio-security; Infrastructure Protection, Emergency Management • piracy, robbery or violence at sea; and Australia, and Protective Security Coordination • maritime terrorism. Centre; • Australian Hydrographic Office of Department of Governance Defence; BPC is accountable to the Minister for Home Affairs • Australian Security Intelligence Organisation and and the Minister for Defence. BPC is commanded by a National Threat Assessment Centre; Navy two-star officer. The Commander BPC responds • Australian Maritime Safety Authority; to a Joint Directive issued by the Chief Executive Officer • Australian Quarantine & Inspection Service; • Department of Agriculture, Fisheries & Forestry; • Department of Broadband, Communications & the Digital Economy; 1This paper was the basis for an address to the Institute on 25 August • Department of Defence; 2009 by Group Captain Warrick Paddon, RAAF, Director, Strategic • Department of the Environment, Water, Heritage & Plans, Border Protection Command. The lecture was attended by 95 the Arts; members and guests. [email protected] • Department of Finance & Deregulation; United Service 60 (4) December 2009 Page 13 • Department of Foreign Affairs & Trade; The commonwealth retains jurisdiction within these • Department of Health & Ageing; waters over matters within its constitutional • Department of Immigration & Citizenship; competence, and also has jurisdiction over the • Department of Infrastructure, Transport, Regional remainder of the territorial sea to 12 nautical miles, and Development & Local Government; in Australia’s exclusive economic zone (EEZ) up to 200 • Department of the Prime Minister & Cabinet; nautical miles from the baselines. • Department of Resources, Energy & Tourism; The states, territories and the commonwealth • Great Barrier Reef Marine Park Authority; possess jurisdiction in respect of acts occurring within • National Offshore Petroleum Safety Authority; and their territory and territorial sea and may, subject to • Office of National Assessments. certain qualifications, exercise that jurisdiction over A key relationship exists between BPC and foreign nationals and/or foreign vessels. Australian Maritime Safety Authority (ASMA) which is BPC enforces legislation in Australia’s maritime responsible for maritime and aviation search and domain including the territorial sea, the contiguous rescue, regulating and inspecting the seaworthiness of zone, the EEZ and the continental shelf, as well as merchant vessels in Australian waters, as well as within protected areas and protected zones. BPC has regulating and responding to maritime pollution. BPC responsibilities in its own right as Australia’s ‘security supports AMSA by providing assets on request to forces authority’ in the Australian search and rescue assist in maritime search and rescue.3 region. Given the nature and origin of some maritime BPC also liaises with state and territory security threats, BPC’s areas of interest are dependent governments, industry representative bodies and with upon each threat and range in scope from global to the private sector on maritime domain security matters. regional and domestic focal areas. Liaison with industry is generally in partnership with the Attorney General’s Department, the Department of Conduct of Operations Infrastructure, Transport & Regional Development and BPC achieves its mission by conducting activities in the Department of Resources, Energy & Tourism. The three mutually supporting functional areas – Office of Transport Security within the Infrastructure awareness, response and prevention. These functional Department has responsibility for security regulating areas collectively create a deterrent effect on security the Australian civil maritime transport industry. The threats. Attorney General’s Department is responsible for the protection of critical infrastructure. Awareness BPC generates awareness of activities in Australia’s Legislation maritime domain with the object of identifying security The principal Commonwealth offshore enforcement threats, assessing their likelihood of occurring and provisions are contained in the Customs Act 1901, the estimating their potential consequences. Migration Act 1958, the Quarantine Act 1908, the BPC fuses information and intelligence from multiple Fisheries Management Act 1991, the Environmental sources to develop an awareness of activities in Protection and Biodiversity and Conservation Act 1999, Australia’s maritime domain and to identify emerging and the Defence Act 1903 (Offshore Division – Part security threats that may impact on Australia. The BPC IIIAAA). Most of these Acts empower authorised Intelligence Centre is Australia’s central repository for officers to board, search, detain and move vessels and maritime domain intelligence and coordinates the people in Australia’s maritime domain. Necessary and whole-of-government efforts to conduct all-source reasonable force may generally be used by authorised analysis of security threats and the effectiveness of officers in the performance of their duties pursuant to Australian Government efforts to mitigate the risks these Acts. posed by those threats. Complementing the Intelligence Centre is the Australiaʼs Jurisdiction Offshore Australian Maritime Information Fusion Centre, which The Commonwealth Government has jurisdiction uses the Australian Maritime Identification System as offshore, pursuant to its external affairs, as well as other one of the primary means by which information is powers under the Constitution. By virtue of the 1980 managed and awareness of activities in Australia’s Offshore Constitutional Settlement, states have maritime domain is developed. The information system jurisdiction within their internal waters and to three collects, collates, stores, analyses and re-distributes nautical miles outside of their territorial sea baseline. information relevant to the