Counter-Terrorism
in the Maritime Environment
Dr Stephen Thompson
26th April 2006
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Overview
» Maritime Transport and Offshore Facilities Act 2003
– The maritime specific C-T legislation
» The broader Australian C-T response
– The National Counter Terrorism Plan (NCTP)
– Call-out of military forces and self-help
» Profile of a terrorist
» Risk management and terrorism
» Protecting people and assets from terrorism
» OHS law and C-T, e-terrorism
» Contracting practices, insurance issues
17964747
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What is a terrorist act?
» Criminal Code Act 1995 (Cth)
– Terrorism (Commonwealth Powers) Act 2002
– Terrorism (Police Powers) Act 2002
» 3 elements for a terrorist act:
The required action or threat of action
The intention of advancing a prescribed cause
The intention of coercing a governm ent, or intim idating the public
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The maritime C-T regulatory regime
» Maritime Transport and Offshore Facilities Act 2003
– MIPs
– MSICs
– MSPs
› Prescribed contents
– Security measures
› Security levels 1, 2 and 3
– Maritime security zones
» Correlation with aviation and land transport C-T
regulatory regimes
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The Broader Australian response
» The national counter-terrorism plan (NCTP)
» Risk management for a terrorist act
» Australian Standard 4360 Risk Management
1. Identify the risk of a terrorist act
2. Assess the risk
3. Control the risk
» Qualitative and quantitative assessments of risk
» The risk level = Consequence of a terrorist act X
Exposure to the risk of a terrorist act X Probability
of a terrorist act
adelaide | brisbane | canberra | melbourne | newcastle | perth | sydney | upper hunter
Who are they, and what can be done?
» Profile of a terrorist
– What do they do?
– Are they crazy?
– Are they criminals?
» Protecting people and assets from terrorism
– Self-help measures
– Police and military responses
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The military response
» Direct and indirect participation by the ADF:
The inner circle represents a
Part IIIAAA call out, for
domestic violence only.
The outer circle represents a
conventional call out for war.
Designated Area (DA)
General Security Area (GSA)
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Self-help measures for C-T
» The use of force pyramid:
1. The inherent right to use force in
self-defence.
Yes for self-help CT
measures
2. “Reasonable and necessary” force in a Part
IIIAAA call out.
3. The use of force in “good faith” by
State emergency services personnel.
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No for self-help CT
measures
Occupational health & safety and C-T
» OHS legislation in the NSW maritime environment
– Will a terrorist act be an OHS risk?
» OHS risk management for a terrorist act
» Security levels 1, 2 and 3
» C-T requirements for an OHS management plan
» OHS induction training and C-T
» Coordination of C-T measures
» Safe work method statements (SWMSs)
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Terrorism through the internet
» E-Terrorism and IT risk management
» ET law an e-security
– Electronic Transactions Act 1999
– An IT security plan
» Authentication
– No authenticity
– No irrevocability
– No integrity
– No confidentiality/privacy
» Public key infrastructure (PKI)
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Contracting practices, insurance issues
»
»
»
»
»
Risk management and contracting practices
Coordinating C-T measures
C-T induction training
C-T management plan
Allocating the risks of a terrorist act between
contracting parties
» Terrorist act = force majeure?
» Terrorism Insurance Act 2003
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Conclusion
The costs of managing the risk of a terrorist act must be
commensurate with the benefits to be gained.
($)
Uneconomic – do not implement
counter-terrorism measures.
Use judgment whether or not to
implement the measures
Economic – implement
the measures
Level of terrorism risk
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Thank you
Questions?
www.sparke.com.au
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