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Maritime Transport Security Act 2003
No. 131, 2003
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In force
Administered by
Department of Home Affairs
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C2004A01216
12 December 2003
-
26 June 2005
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Table of contents
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Part 1—Preliminary
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Division 1—Short title and commencement
1 Short title
2 Commencement
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Division 2—Purpose and simplified overview of this Act
3 Purpose of this Act
4 Simplified overview of this Act
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Division 3—Application
5 Extension to Territories
6 Geographical jurisdiction
7 Act to bind Crown
8 Operation of State and Territory laws
9 Act not to apply to state ships etc.
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Division 4—Definitions
10 Definitions
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Division 5—Unlawful interference with maritime transport
11 Meaning of unlawful interference with maritime transport
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Division 6—Security regulated ports and port operators
12 Meaning of port
13 Security regulated ports
14 Port operators
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Division 7—Security regulated ships
15 Meaning of security regulated ship
16 Meaning of regulated Australian ship
17 Meaning of regulated foreign ship
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Division 8—General defences
18 General defences
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Division 9—Communicating with ship operators
19 Communicating with ship operators
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Part 2—Maritime security levels and security directions
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Division 1—Simplified overview of Part
20 Simplified overview of Part
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Division 2—Maritime security levels 1, 2 and 3
21 Default security level—maritime security level 1
22 Secretary may declare maritime security level 2 or 3
23 When a maritime security level is in force
24 Maritime security level declaration for a port covers all port operations
25 Security levels and complying with plans
26 Maritime security level 1, 2 or 3 applies with security directions
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Division 3—Notifying maritime security level 2 and 3 declarations and revocations
27 Notifying declarations covering security regulated ports
28 Notifying declarations covering security regulated ships
29 Notifying declarations covering areas within security regulated ports
30 Notifying declarations covering maritime industry participants
31 Notifying revocations
32 Requirements for giving notice
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Division 4—Security directions
33 Secretary may give security directions
34 Confidentiality requirements
35 Persons to whom security directions may be given
36 Secretary may give security directions to security regulated ships
37 When a security direction is in force
38 Revoking security directions
39 Failure to comply with security directions
40 Failure to comply with confidentiality requirements
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Part 3—Maritime security plans
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Division 1—Simplified overview of Part
41 Simplified overview of Part
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Division 2—Maritime industry participants required to have maritime security plans
42 Who must have maritime security plans
43 Offence—operating without a maritime security plan
44 Offence—failing to comply with maritime security plan
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Division 3—Complying with other plans
45 Complying with maritime security plans of other participants
46 Australian regulated ships must not hinder or obstruct compliance with maritime security plans
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Division 4—Content and form of maritime security plans
47 Content of maritime security plans
48 Prescribed content for maritime security plans
49 Form of maritime security plans
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Division 5—Approving, revising and cancelling maritime security plans
50 Providing maritime security plans for approval
51 Approval of maritime security plans
52 When a maritime security plan is in force
53 Secretary may direct variations of maritime security plans
54 Participants may revise maritime security plans
55 Secretary may direct participants to revise maritime security plans
56 Maritime security plans must be revised every 5 years
57 Cancelling inadequate maritime security plans
58 Cancelling for failure to comply with maritime security plans
59 Cancelling maritime security plans on request
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Part 4—Ship security plans and ISSCs
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Division 1—Simplified overview of Part
60 Simplified overview of Part
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Division 2—Ships required to have ship security plans
61 Which ships must have ship security plans
62 Offence—operating without a ship security plan
63 Offence—failing to comply with ship security plan
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Division 3—Complying with other plans
64 Complying with ship security plans of other ships
65 Maritime industry participants must not hinder or obstruct compliance with ship security plans
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Division 4—Content and form of ship security plans
66 Content of ship security plans
67 Prescribed content for ship security plans
68 Form of ship security plans
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Division 5—Approving, revising and cancelling ship security plans
69 Providing ship security plans for approval
70 Approval of ship security plans
71 When a ship security plan is in force
72 Secretary may direct variations of ship security plans
73 Ship operator may revise ship security plan
74 Secretary may direct operator to revise ship security plan
75 Ship security plans must be revised every 5 years
76 Cancelling inadequate ship security plans
77 Cancelling for failure to comply with ship security plan
78 Cancelling ship security plans on request
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Division 6—International ship security certificates
79 Which ships must have ISSCs
80 Offence—operating without an ISSC
81 Applying for an ISSC
82 Conditions for giving an ISSC
83 ISSC verification
84 When an ISSC is in force
85 Cancelling ISSCs
86 Interim ISSCs
87 Offence—false or misleading statements in relation to having an ISSC
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Division 7—Recognised security organisations
88 Secretary may delegate powers and functions under this Part
89 Recognised security organisations may conduct ISSC inspections
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Part 5—Regulated foreign ships
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Division 1—Simplified overview of Part
90 Simplified overview of Part
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Division 2—Obligations on regulated foreign ships
91 Regulated foreign ships must have ISSCs
92 Regulated foreign ships must provide pre-arrival information
93 Regulated foreign ships must allow inspections etc.
94 Regulated foreign ships must comply with security levels
95 Meaning of ISPS level 1, 2 and 3 measures
96 Regulated foreign ships must comply with security directions
97 Complying with maritime and ship security plans
98 Acknowledging level notifications and directions
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Division 3—Control directions
99 Secretary may give control directions
100 Enforcing control directions
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Part 6—Maritime security zones
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Division 1—Simplified overview of Part
101 Simplified overview of Part
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Division 2—Port security zones
102 Establishing port security zones
103 Types of port security zones
104 Matters to be considered in establishing port security zones
105 Requirements for port security zones
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Division 3—Ship security zones
106 Declaring ship security zones
107 Types of ship security zones
108 Matters to be considered in declaring ship security zones
109 Requirements for ship security zones
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Division 4—On-board security zones
110 Establishing on-board security zones
111 Types of on-board security zones
112 Matters to be considered in establishing on-board security zones
113 Requirements for on-board security zones
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Part 7—Other security measures
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Division 1—Simplified overview of Part
114 Simplified overview of Part
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Division 2—Screening and clearing
115 Screening and clearing people
116 Screening and clearing goods
117 Screening and clearing vehicles
118 Screening and clearing vessels
119 Requirements for screening and clearing
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Division 3—Weapons
120 Weapons in maritime security zones
121 Carrying weapons through a screening point
122 Weapons on board regulated Australian ships—strict liability
123 Weapons on board regulated Australian ships—general
124 Failure to comply with conditions
125 Secretary may permit by class
126 Other weapons requirements
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Division 4—Prohibited items
127 Prohibited items in maritime security zones
128 Carrying prohibited items through a screening point
129 Prohibited items on board regulated Australian ships—strict liability
130 Prohibited items on board regulated Australian ships—general
131 Failure to comply with conditions
132 Secretary may permit by class
133 Other prohibited items requirements
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Part 8—Powers of officials
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Division 1—Simplified overview of Part
134 Simplified overview of Part
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Division 2—Maritime security inspectors
135 Simplified overview of Division
136 Appointment
137 Identity cards
138 Maritime security inspector powers—ISSC verifications
139 Maritime security inspector powers—ships
140 When powers may be exercised—ships
141 Maritime security inspector powers—participants
142 When powers may be exercised—participants
143 Offence—hindering or obstructing a maritime security inspector
144 Ship inspection warrants
145 Ship inspection warrants by telephone, fax etc.
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Division 3—Duly authorised officers
146 Simplified overview of Division
147 Secretary may appoint duly authorised officers
148 Duly authorised officer powers—operational areas of ships
149 Offence—hindering or obstructing a duly authorised officer
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Division 4—Law enforcement officers
150 Simplified overview of Division
151 Law enforcement officers
152 Access to ports by law enforcement officers
153 Stopping and searching people
154 Stopping and searching vehicles
155 Stopping and searching vessels
156 Requests to leave ships or zones
157 Removing people from ships or zones
158 Removing vehicles from zones
159 Removing vessels from zones
160 Other law enforcement powers not affected
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Division 5—Maritime security guards
161 Simplified overview of Division
162 Maritime security guards
163 Maritime security guards’ power to physically restrain persons
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Division 6—Screening officers
164 Simplified overview of Division
165 Screening officers
166 Screening powers
167 Screening officers’ power to physically restrain persons
168 Exercise of powers by screening officers
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Part 9—Reporting maritime transport security incidents
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Division 1—Simplified overview of Part
169 Simplified overview of Part
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Division 2—Meaning of maritime transport security incident
170 Meaning of maritime transport security incident
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Division 3—Certain people must report incidents
171 Port operators
172 Ship masters
173 Ship operators
174 Port facility operators
175 Persons with incident reporting responsibilities
176 Employees
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Division 4—Reporting requirements
177 Reporting by port operators
178 Reporting by ship masters
179 Reporting by ship operators
180 Reporting by port facility operators
181 Reporting by persons with incident reporting responsibilities
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Division 5—Form and content of reports
182 How reports are to be made
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Part 10—Information-gathering
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Division 1—Simplified overview of Part
183 Simplified overview of Part
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Division 2—Secretary may require security compliance information
184 Secretary may require security compliance information
185 Self-incrimination
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Part 11—Enforcement
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Division 1—Simplified overview of Part
186 Simplified overview of Part
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Division 2—Infringement notices
187 Infringement notices
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Division 3—Enforcement orders for maritime industry participants
188 Simplified overview of Division
189 Secretary may make enforcement orders
190 Commencement and duration of enforcement orders
191 Reviews of enforcement orders
192 Notice of enforcement orders
193 Complying with enforcement orders
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Division 4—Ship enforcement orders for regulated Australian ships
194 Simplified overview of Division
195 Ship enforcement orders—regulated Australian ships
196 Enforcing ship enforcement orders
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Division 5—Injunctions
197 Injunctions
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Division 6—Demerit points system
198 Demerit points system
199 Demerit points—maritime security plans
200 Demerit points—ship security plans
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Part 12—Review of decisions
201 Review of decisions by Administrative Appeals Tribunal
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Part 13—Miscellaneous
202 Delegation
203 Compensation for damage to electronic equipment
204 Compensation for acquisition of property
205 Compensation for unnecessary delay—paid by the Commonwealth
206 Compensation for inspection and detention—paid by ship operators or other persons
207 Saving of other laws
208 Severability—additional effect of Act
209 Regulations
