Federal Register of Legislation - Australian Government

Primary content

Act No. 131 of 2003 as amended, taking into account amendments up to Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015
An Act to safeguard against unlawful interference with maritime transport and offshore facilities, and for related purposes
Administered by: Infrastructure and Regional Development
Registered 20 Aug 2015
Start Date 01 Jul 2015
End Date 15 Jun 2016
Table of contents.

Maritime Transport and Offshore Facilities Security Act 2003

No. 131, 2003

Compilation No. 18

Compilation date:                              1 July 2015

Includes amendments up to:            Act No. 62, 2015

Registered:                                         20 August 2015

 

 

 

 

 

 

 

 

This compilation includes commenced amendments made by Act No. 41, 2015. Amendments made by Act No. 62, 2015 have not commenced but are noted in the endnotes.

 

About this compilation

This compilation

This is a compilation of the Maritime Transport and Offshore Facilities Security Act 2003 that shows the text of the law as amended and in force on 1 July 2015 (the compilation date).

This compilation was prepared on 19 August 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

Division 1—Short title and commencement                                                      1

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

Division 2—Purpose and simplified overview of this Act                          4

3............ Purpose of this Act............................................................................. 4

4............ Simplified overview of this Act.......................................................... 4

Division 3—Application                                                                                               7

5............ Extension to Territories....................................................................... 7

6............ Geographical jurisdiction.................................................................... 7

7............ Act to bind Crown.............................................................................. 8

8............ Operation of State and Territory laws................................................. 8

9............ Act not to apply to state ships etc........................................................ 8

Division 4—Definitions                                                                                              10

10.......... Definitions........................................................................................ 10

Division 5—Unlawful interference with maritime transport or offshore facilities          23

11.......... Meaning of unlawful interference with maritime transport or offshore facilities     23

Division 6—Security regulated ports and port operators                      25

12.......... Meaning of port................................................................................ 25

13.......... Security regulated ports..................................................................... 25

14.......... Port operators.................................................................................... 25

Division 7—Security regulated ships                                                                  27

15.......... Meaning of security regulated ship................................................... 27

16.......... Meaning of regulated Australian ship.............................................. 27

17.......... Meaning of regulated foreign ship.................................................... 28

Division 7A—Security regulated offshore facilities and offshore facility operators      29

17A....... Meaning of offshore facility.............................................................. 29

17B....... Security regulated offshore facilities................................................. 30

17C....... Offshore facility operators................................................................ 30

Division 7B—Offences and enforcement action in relation to non‑regulated foreign ships       31

17D....... Persons travelling on non‑regulated foreign ships............................ 31

17E........ Enforcement action against non‑regulated ships................................ 31

Division 8—General defences                                                                                33

18.......... General defences............................................................................... 33

Division 9—Communicating with ship operators                                        35

19.......... Communicating with ship operators.................................................. 35

Part 2—Maritime security levels and security directions                             36

Division 1—Simplified overview of Part                                                          36

20.......... Simplified overview of Part.............................................................. 36

Division 2—Maritime security levels 1, 2 and 3                                           38

21.......... Default security level—maritime security level 1.............................. 38

22.......... Secretary may declare maritime security level 2 or 3......................... 38

23.......... When a maritime security level is in force......................................... 39

24.......... Maritime security level declaration for a port covers all port operations 40

24A....... Maritime security level declaration for an offshore facility covers ships and operations in the vicinity    40

25.......... Security levels and complying with plans......................................... 41

26.......... Maritime security level 1, 2 or 3 applies with security directions...... 42

Division 3—Notifying maritime security level 2 and 3 declarations and revocations   43

27.......... Notifying declarations covering security regulated ports................... 43

28.......... Notifying declarations covering security regulated ships.................. 44

28A....... Notifying declarations covering security regulated offshore facilities 44

29.......... Notifying declarations covering areas within security regulated ports 45

30.......... Notifying declarations covering maritime industry participants......... 45

31.......... Notifying revocations........................................................................ 45

32.......... Requirements for giving notice......................................................... 47

Division 4—Security directions                                                                             48

33.......... Secretary may give security directions.............................................. 48

34.......... Confidentiality requirements............................................................. 48

35.......... Persons to whom security directions may be given........................... 48

36.......... Secretary may give security directions to security regulated ships.... 50

36A....... Secretary may give security directions to ships regulated as offshore facilities        51

37.......... When a security direction is in force................................................. 51

38.......... Revoking security directions............................................................. 52

39.......... Failure to comply with security directions......................................... 53

40.......... Failure to comply with confidentiality requirements.......................... 53

Part 3—Maritime security plans                                                                                 55

Division 1—Simplified overview of Part                                                          55

41.......... Simplified overview of Part.............................................................. 55

Division 2—Maritime industry participants required to have maritime security plans               56

42.......... Who must have maritime security plans............................................ 56

43.......... Offence—operating without a maritime security plan....................... 56

44.......... Offence—failing to comply with maritime security plan................... 57

Division 3—Complying with other plans                                                          58

45.......... Complying with maritime security plans of other participants........... 58

46.......... Australian regulated ships must not hinder or obstruct compliance with maritime security plans             59

Division 4—Content and form of maritime security plans                     60

47.......... Content of maritime security plans.................................................... 60

48.......... Prescribed content for maritime security plans.................................. 60

49.......... Form of maritime security plans........................................................ 61

Division 5—Approving, varying, revising and cancelling maritime security plans        62

50.......... Providing maritime security plans for approval................................. 62

51.......... Approval of maritime security plans................................................. 62

52.......... When a maritime security plan is in force.......................................... 63

52A....... Participants may submit variations to maritime security plans........... 64

53.......... Secretary may direct variations of maritime security plans................ 66

54.......... Participants may revise maritime security plans................................ 67

55.......... Secretary may direct participants to revise maritime security plans... 67

57.......... Cancelling inadequate maritime security plans.................................. 68

58.......... Cancelling for failure to comply with maritime security plans........... 68

59.......... Cancelling maritime security plans on request................................... 69

Part 4—Ship security plans and ISSCs for regulated Australian ships 70

Division 1—Simplified overview of Part                                                          70

60.......... Simplified overview of Part.............................................................. 70

Division 2—Ships required to have ship security plans                            71

61.......... Which ships must have ship security plans....................................... 71

61A....... Exemptions....................................................................................... 71

62.......... Offence—operating without a ship security plan.............................. 72

63.......... Offence—failing to comply with ship security plan.......................... 72

Division 3—Complying with other plans                                                          74

64.......... Complying with ship security plans of other ships........................... 74

65.......... Maritime industry participants must not hinder or obstruct compliance with ship security plans             74

Division 4—Content and form of ship security plans                                75

66.......... Content of ship security plans........................................................... 75

67.......... Prescribed content for ship security plans......................................... 75

68.......... Form of ship security plans............................................................... 75

Division 5—Approving, varying, revising and cancelling ship security plans   77

69.......... Providing ship security plans for approval........................................ 77

70.......... Approval of ship security plans........................................................ 77

71.......... When a ship security plan is in force................................................. 78

71A....... Ship operator may submit variations to ship security plans............... 79

72.......... Secretary may direct variations of ship security plans....................... 80

73.......... Ship operator may revise ship security plan...................................... 81

74.......... Secretary may direct operator to revise ship security plan................. 82

76.......... Cancelling inadequate ship security plans......................................... 82

77.......... Cancelling for failure to comply with ship security plan................... 83

78.......... Cancelling ship security plans on request.......................................... 83

Division 6—International ship security certificates                                   84

79.......... Regulated Australian ship to have ISSC........................................... 84

79A....... Exemptions....................................................................................... 84

80.......... Offence—operating without an ISSC............................................... 85

81.......... Applying for an ISSC....................................................................... 85

82.......... Conditions for giving an ISSC.......................................................... 85

83.......... ISSC verification............................................................................... 86

84.......... When an ISSC is in force.................................................................. 86

85.......... Cancelling ISSCs.............................................................................. 87

86.......... Interim ISSCs................................................................................... 87

87.......... Offence—false or misleading statements in relation to having an ISSC 87

Division 7—Recognised security organisations                                            89

88.......... Secretary may delegate powers and functions under this Part........... 89

89.......... Recognised security organisations may conduct ISSC inspections... 89

Part 5—Regulated foreign ships                                                                                 90

Division 1—Simplified overview of Part                                                          90

90.......... Simplified overview of Part.............................................................. 90

Division 2—Obligations on regulated foreign ships                                   91

91.......... Regulated foreign ships must have ISSCs........................................ 91

92.......... Regulated foreign ships must provide pre‑arrival information.......... 91

93.......... Regulated foreign ships must allow inspections etc.......................... 92

94.......... Regulated foreign ships must comply with security levels................ 92

95.......... Meaning of ISPS level 1, 2 and 3 measures...................................... 93

96.......... Regulated foreign ships must comply with security directions.......... 94

97.......... Complying with maritime, ship and offshore security plans............. 94

98.......... Acknowledging level notifications and directions............................. 95

Division 3—Control directions                                                                              97

99.......... Secretary may give control directions................................................ 97

100........ Enforcing control directions.............................................................. 98

Part 5A—Offshore security plans                                                                              99

Division 1—Simplified overview of Part                                                          99

100A..... Simplified overview of Part.............................................................. 99

Division 2—Offshore industry participants required to have offshore security plans  100

100B..... Who must have offshore security plans.......................................... 100

100C..... Offence—operating without an offshore security plan.................... 100

100D..... Offence—failing to comply with offshore security plan................. 101

Division 3—Complying with other plans                                                        102

100E...... Complying with offshore security plans of offshore industry participants               102

100F...... Regulated Australian ships must not hinder or obstruct compliance with offshore security plans            103

Division 4—Content and form of offshore security plans                     104

100G..... Content of offshore security plans.................................................. 104

100H..... Prescribed content for offshore security plans................................ 104

100I....... Form of offshore security plans...................................................... 105

Division 5—Approving, varying, revising and cancelling offshore security plans          106

100J...... Providing offshore security plans for approval............................... 106

100K..... Approval of offshore security plans................................................ 106

100L...... When an offshore security plan is in force...................................... 107

100LA... Offshore industry participant may submit variations to offshore security plans       108

100M.... Secretary may direct variations of offshore security plans.............. 110

100N..... Participants may revise offshore security plans............................... 111

100O..... Secretary may direct participants to revise offshore security plans.. 111

100Q..... Cancelling inadequate offshore security plans................................. 112

100R..... Cancelling for failure to comply with offshore security plans......... 112

100S...... Cancelling offshore security plans where facility moved................ 113

100T...... Cancelling offshore security plans on request................................. 113

Part 5B—ISSC for an Australian ship regulated as an offshore facility 114

Division 1—Simplified overview of Part                                                        114

100U..... Simplified overview of Part............................................................ 114

Division 2—ISSC obligations                                                                                115

100V..... Australian ship regulated as an offshore facility to have ISSC........ 115

100W.... Offence—operating without an ISSC............................................. 115

100X..... Applying for an ISSC..................................................................... 115

100Y..... Conditions for giving an ISSC........................................................ 115

100Z...... ISSC verification............................................................................. 116

100ZA... When an ISSC is in force................................................................ 116

100ZB... Cancelling ISSCs............................................................................ 117

100ZC... Interim ISSCs................................................................................. 117

100ZD... Offence—false or misleading statements in relation to having an ISSC 118

Division 3—Recognised security organisations                                          120

100ZE... Secretary may delegate powers and functions under this Part......... 120

100ZF... Recognised security organisations may conduct ISSC inspections. 120

Part 5C—Foreign ships regulated as offshore facilities                             121

Division 1—Simplified overview of Part                                                        121

100ZG... Simplified overview of Part............................................................ 121

Division 2—Obligations on regulated foreign ships                                 122

100ZH... Foreign ship regulated as an offshore facility to have ISSC............ 122

100ZI.... Foreign ship regulated as an offshore facility must provide pre‑arrival information 122

100ZJ.... Foreign ship regulated as an offshore facility must allow inspections etc.                123

100ZK... Foreign ship regulated as an offshore facility must comply with security directions                123

100ZL... Acknowledging level notifications and directions........................... 123

Division 3—Control directions                                                                            126

100ZM.. Secretary may give control directions.............................................. 126

100ZN... Enforcing control directions............................................................ 127

Part 6—Maritime security zones                                                                               128

Division 1—Simplified overview of Part                                                        128

101........ Simplified overview of Part............................................................ 128

Division 2—Port security zones                                                                          129

102........ Establishing port security zones...................................................... 129

103........ Types of port security zones........................................................... 130

104........ Matters to be considered in establishing port security zones........... 130

105........ Requirements for port security zones.............................................. 131

Division 3—Ship security zones                                                                          133

106........ Declaring ship security zones.......................................................... 133

107........ Types of ship security zones........................................................... 134

108........ Matters to be considered in declaring ship security zones............... 134

109........ Requirements for ship security zones.............................................. 135

Division 4—On‑board security zones                                                              137

110........ Establishing on‑board security zones.............................................. 137

111........ Types of on‑board security zones................................................... 137

112........ Matters to be considered in establishing on‑board security zones... 137

113........ Requirements for on‑board security zones...................................... 138

Division 5—Offshore security zones                                                                140

113A..... Establishing offshore security zones............................................... 140

113B..... Types of offshore security zones.................................................... 141

113C..... Matters to be considered in establishing offshore security zones.... 142

113D..... Requirements for offshore security zones....................................... 142

Part 7—Other security measures                                                                              144

Division 1—Simplified overview of Part                                                        144

114........ Simplified overview of Part............................................................ 144

Division 2—Screening and clearing                                                                  145

115........ Screening and clearing people......................................................... 145

116........ Screening and clearing goods.......................................................... 146

117........ Screening and clearing vehicles....................................................... 147

118........ Screening and clearing vessels........................................................ 148

119........ Requirements for screening and clearing......................................... 149

Division 3—Weapons                                                                                                152

120........ Weapons in maritime security zones............................................... 152

121........ Carrying weapons through a screening point.................................. 153

122........ Weapons on board certain ships—strict liability............................. 153

123........ Weapons on board certain ships—general...................................... 154

124........ Failure to comply with conditions................................................... 154

125........ Secretary may permit by class......................................................... 155

126........ Other weapons requirements........................................................... 155

Division 4—Prohibited items                                                                                157

127........ Prohibited items in maritime security zones.................................... 157

128........ Carrying prohibited items through a screening point....................... 158

129........ Prohibited items on board certain ships—strict liability.................. 159

130........ Prohibited items on board certain ships—general........................... 159

131........ Failure to comply with conditions................................................... 160

132........ Secretary may permit by class......................................................... 160

133........ Other prohibited items requirements............................................... 160

Part 8—Powers of officials                                                                                           162

Division 1—Simplified overview of Part                                                        162

134........ Simplified overview of Part............................................................ 162

Division 2—Maritime security inspectors                                                     163

135........ Simplified overview of Division..................................................... 163

136........ Appointment................................................................................... 163

137........ Identity cards................................................................................... 163

138........ Maritime security inspector powers—ISSC verifications............... 164

139........ Maritime security inspector powers—security regulated ships....... 164

140........ When powers may be exercised—security regulated ships............. 165

140A..... Maritime security inspector powers—security regulated offshore facilities              166

140B..... When powers may be exercised—security regulated offshore facilities 167

141........ Maritime security inspector powers—participants.......................... 168

142........ When powers may be exercised—participants................................ 169

143........ Offence—hindering or obstructing a maritime security inspector... 169

144........ Inspection warrants—security regulated ships................................ 170

145........ Inspection warrants by telephone, fax etc.—security regulated ships 171

145A..... Inspection warrants—security regulated offshore facilities............. 173

145B..... Inspection warrants by telephone, fax etc.—security regulated offshore facilities    174

Division 2A—Security assessment inspectors                                              177

145C..... Simplified overview of Division..................................................... 177

145D..... Appointment................................................................................... 177

145E...... Powers of security assessment inspectors....................................... 177

145F...... When powers may be exercised...................................................... 178

145G..... Offence—hindering or obstructing a security assessment inspector 178

Division 3—Duly authorised officers                                                               179

146........ Simplified overview of Division..................................................... 179

147........ Secretary may appoint duly authorised officers............................... 179

148........ Duly authorised officer powers—operational areas of security regulated ships       179

148A..... Duly authorised officer powers—operational areas of security regulated offshore facilities    180

149........ Offence—hindering or obstructing a duly authorised officer.......... 181

Division 4—Law enforcement officers                                                            183

150........ Simplified overview of Division..................................................... 183

151........ Law enforcement officers................................................................ 183

152........ Access to ports by law enforcement officers................................... 184

152A..... Access to offshore facilities by law enforcement officers............... 184

153........ Stopping and searching people........................................................ 184

154........ Stopping and searching vehicles..................................................... 185

155........ Stopping and searching vessels....................................................... 186

156........ Requests to leave ships or zones..................................................... 187

157........ Removing people from ships or zones............................................ 187

158........ Removing vehicles from zones....................................................... 187

159........ Removing vessels from zones......................................................... 188

160........ Other law enforcement powers not affected.................................... 188

Division 5—Maritime security guards                                                            189

161........ Simplified overview of Division..................................................... 189

162........ Maritime security guards................................................................. 189

163........ Maritime security guards’ power to physically restrain persons..... 190

163A..... Maritime security guards’ power to request information................. 190

163B..... Requests to leave maritime security zones....................................... 192

163C..... Maritime security guards’ power to remove people from zones...... 193

163D..... Maritime security guards’ power to remove vehicles from zones... 193

163E...... Maritime security guards’ power to remove vessels from zones..... 194

Division 6—Screening officers                                                                             196

164........ Simplified overview of Division..................................................... 196

165........ Screening officers........................................................................... 196

166........ Screening powers............................................................................ 196

166A..... Screening powers—frisk search as an alternative screening procedure 197

166B..... Screening powers—frisk search as an additional screening procedure 197

166C..... Screening powers—frisk search general power.............................. 199

167........ Screening officers’ power to physically restrain persons................ 200

168........ Exercise of powers by screening officers........................................ 200

Part 9—Reporting maritime transport or offshore facility security incidents      201

Division 1—Simplified overview of Part                                                        201

169........ Simplified overview of Part............................................................ 201

Division 2—Meaning of maritime transport or offshore facility security incident         202

170........ Meaning of maritime transport or offshore facility security incident 202

Division 3—Certain people must report incidents                                    203

171........ Port operators.................................................................................. 203

172........ Ship masters.................................................................................... 203

173........ Ship operators................................................................................. 204

174........ Port facility operators...................................................................... 204

174A..... Offshore facility operators.............................................................. 205

175........ Persons with incident reporting responsibilities.............................. 205

176........ Employees....................................................................................... 206

Division 4—Reporting requirements                                                                208

177........ Reporting by port operators............................................................ 208

178........ Reporting by ship masters............................................................... 209

179........ Reporting by ship operators............................................................ 210

179A..... Reporting by offshore facility operators.......................................... 210

180........ Reporting by port facility operators................................................. 211

181........ Reporting by persons with incident reporting responsibilities......... 212

Division 5—Form and content of reports                                                      213

182........ How reports are to be made............................................................ 213

Part 10—Information‑gathering                                                                               214

Division 1—Simplified overview of Part                                                        214

183........ Simplified overview of Part............................................................ 214

Division 2—Secretary may require security compliance information 215

184........ Secretary may require security compliance information.................. 215

185........ Self‑incrimination............................................................................ 215

Part 11—Enforcement                                                                                                    217

Division 1—Simplified overview of Part                                                        217

186........ Simplified overview of Part............................................................ 217

Division 2—Infringement notices                                                                       218

187........ Infringement notices........................................................................ 218

Division 3—Enforcement orders for maritime industry participants 219

188........ Simplified overview of Division..................................................... 219

189........ Secretary may make enforcement orders......................................... 219

190........ Commencement and duration of enforcement orders...................... 220

191........ Reviews of enforcement orders....................................................... 220

192........ Notice of enforcement orders.......................................................... 220

193........ Complying with enforcement orders............................................... 221

Division 4—Ship enforcement orders for regulated Australian ships 222

194........ Simplified overview of Division..................................................... 222

195........ Ship enforcement orders—regulated Australian ships.................... 222

196........ Enforcing ship enforcement orders................................................. 223

Division 5—Injunctions                                                                                           224

197........ Injunctions...................................................................................... 224

Division 6—Demerit points system                                                                    226

198........ Demerit points system..................................................................... 226

199........ Demerit points—maritime security plans........................................ 226

200........ Demerit points—ship security plans............................................... 226

200A..... Demerit points—offshore security plans......................................... 227

Part 12—Review of decisions                                                                                      228

201........ Review of decisions by Administrative Appeals Tribunal.............. 228

Part 13—Miscellaneous                                                                                                  230

202........ Delegation....................................................................................... 230

202A..... Sub‑delegation................................................................................ 230

203........ Compensation for damage to electronic equipment......................... 231

204........ Compensation for acquisition of property....................................... 232

205........ Compensation for unnecessary delay—paid by the Commonwealth 232

206........ Compensation for inspection and detention—paid by ship operators or other persons            233

207........ Saving of other laws....................................................................... 234

208........ Severability—additional effect of Act............................................. 234

209........ Regulations..................................................................................... 235

Endnotes                                                                                                                                  236

Endnote 1—About the endnotes                                                                          236

Endnote 2—Abbreviation key                                                                              237

Endnote 3—Legislation history                                                                           238

Endnote 4—Amendment history                                                                         242

 


An Act to safeguard against unlawful interference with maritime transport and offshore facilities, and for related purposes

Part 1Preliminary

Division 1Short title and commencement

1  Short title

                   This Act may be cited as the Maritime Transport and Offshore Facilities Security Act 2003.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Part 1 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

12 December 2003

2.  Part 2

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2004

(see Gazette 2004, GN11)

3.  Division 1 of Part 3

The day on which this Act receives the Royal Assent.

12 December 2003

4.  Divisions 2 and 3 of Part 3

At the same time as the provision(s) covered by table item 2.

1 July 2004

5.  Divisions 4 and 5 of Part 3

The day on which this Act receives the Royal Assent.

12 December 2003

6.  Division 1 of Part 4

The day on which this Act receives the Royal Assent.

12 December 2003

7.  Divisions 2 and 3 of Part 4

At the same time as the provision(s) covered by table item 2.

1 July 2004

8.  Divisions 4 and 5 of Part 4

The day on which this Act receives the Royal Assent.

12 December 2003

9.  Sections 79 and 80

At the same time as the provision(s) covered by table item 2.

1 July 2004

10.  Sections 81 to 87

The day on which this Act receives the Royal Assent.

12 December 2003

11.  Division 7 of Part 4

The day on which this Act receives the Royal Assent.

12 December 2003

12.  Part 5

At the same time as the provision(s) covered by table item 2.

1 July 2004

13.  Sections 101 to 104

The day on which this Act receives the Royal Assent.

12 December 2003

14.  Section 105

At the same time as the provision(s) covered by table item 2.

1 July 2004

15.  Sections 106 to 108

The day on which this Act receives the Royal Assent.

12 December 2003

16.  Section 109

At the same time as the provision(s) covered by table item 2.

1 July 2004

17.  Sections 110 to 112

The day on which this Act receives the Royal Assent.

12 December 2003

18.  Section 113

At the same time as the provision(s) covered by table item 2.

1 July 2004

19.  Part 7

At the same time as the provision(s) covered by table item 2.

1 July 2004

20.  Sections 134 to 138

The day on which this Act receives the Royal Assent.

12 December 2003

21.  Section 139

At the same time as the provision(s) covered by table item 2.

1 July 2004

22.  Section 140

The day on which this Act receives the Royal Assent.

12 December 2003

23.  Sections 141 and 142

At the same time as the provision(s) covered by table item 2.

1 July 2004

24.  Sections 143 to 145

The day on which this Act receives the Royal Assent.

12 December 2003

25.  Divisions 3 to 6 of Part 8

At the same time as the provision(s) covered by table item 2.

1 July 2004

26.  Parts 9 to 11

At the same time as the provision(s) covered by table item 2.

1 July 2004

27.  Parts 12 and 13

The day on which this Act receives the Royal Assent.

12 December 2003

Note:          This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

Division 2Purpose and simplified overview of this Act

3  Purpose of this Act

             (1)  The purpose of this Act is to safeguard against unlawful interference with maritime transport or offshore facilities.

             (2)  To achieve this purpose, this Act establishes a regulatory framework centred around the development of security plans for ships, other maritime transport operations and offshore facilities.

             (3)  The implementation of a security plan should make an appropriate contribution to the achievement of the maritime security outcomes.

             (4)  The maritime security outcomes are as follows:

                     (a)  Australia’s obligations under Chapter XI‑2 of the SOLAS Convention and the ISPS Code, including those with regard to the rights, freedoms and welfare of seafarers, are met;

                     (b)  the vulnerability to terrorist attack of Australian ships, ports and other ships within Australia, and offshore facilities is reduced without undue disruption to trade;

                     (c)  the risk that maritime transport or offshore facilities are used to facilitate terrorist or other unlawful activities is reduced;

                     (d)  security information is communicated effectively among maritime industry participants and government agencies with security responsibilities for maritime transport and offshore facilities.

             (5)  It is not the purpose of this Act to prevent lawful advocacy, protest, dissent or industrial action that does not compromise maritime security.

4  Simplified overview of this Act

This Act establishes a scheme to safeguard against unlawful interference with maritime transport or offshore facilities.

Part 2 provides for maritime security levels. The security measures to be implemented when different maritime security levels are in force are set out in maritime security plans, ship security plans and offshore security plans. Part 2 also provides for the Secretary to give security directions in special circumstances.

Part 3 deals with maritime security plans. Maritime industry participants who are required to have plans must comply with their plans.

Part 4 deals with ship security plans and ISSCs (International Ship Security Certificates) for regulated Australian ships. These ships must have both a ship security plan and an ISSC. They must be operated in compliance with their ship security plans and must continue to meet ISSC standards.

Part 5 puts obligations on regulated foreign ships. The Secretary can give control directions to regulated foreign ships to ensure that security standards are maintained.

Part 5A deals with offshore security plans. Offshore industry participants who are required to have plans must comply with their plans.

Part 5B deals with ISSCs for Australian ships regulated as offshore facilities.

Part 5C deals with foreign ships regulated as offshore facilities. The Secretary can give control directions to foreign ships regulated as offshore facilities to ensure that security standards are maintained.

Part 6 provides for the establishment of maritime security zones. Additional security requirements apply in these zones which can be established within ports, on and around ships, and on and around offshore facilities.

Part 7 deals with screening, weapons and prohibited items.

Part 8 sets out the powers of officials under this Act. These officials are maritime security inspectors, security assessment inspectors, duly authorised officers, law enforcement officers, maritime security guards and screening officers.

Part 9 sets out reporting obligations in relation to certain maritime transport or offshore facility security incidents.

Part 10 allows the Secretary to require security compliance information from maritime industry participants.

Part 11 provides a range of enforcement mechanisms. These are infringement notices, enforcement orders, ship enforcement orders, injunctions and a demerit points system.

Part 12 provides for review of certain decisions by the Administrative Appeals Tribunal.

Part 13 deals with miscellaneous matters.

Division 3Application

5  Extension to Territories

                   This Act extends to every external Territory.

6  Geographical jurisdiction

             (1)  Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against this Act, other than an offence mentioned in subsection (2).

             (2)  Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to the following offences:

                     (a)  an offence under subsection 39(1) or 40(1) by:

                              (i)  a person who is given a direction under section 35 because of the person’s presence on, or connection with, a security regulated offshore facility; or

                             (ii)  the offshore facility operator or master of a foreign ship regulated as an offshore facility, where the ship is given a security direction under section 36A;

                     (b)  an offence under subsection 100ZL(1), 100ZL(2) or 172(1) by a master of a foreign ship regulated as an offshore facility;

                     (c)  an offence under subsection 120(1), 120(3), 124(1), 127(1), 127(3), 131(1), 143(1), 149(1), 153(3), 154(4), 155(4) or 156(3) where the offence is committed in an offshore security zone;

                     (d)  an offence under subsection 121(1), 121(3), 128(1) or 128(3) where the screening point is in, or at the edge of:

                              (i)  an offshore security zone; or

                             (ii)  a foreign ship regulated as an offshore facility;

                     (e)  an offence under subsection 122(1), section 123, subsection 124(1) or 129(1), section 130, or subsection 131(1), 143(1), 149(1), 153(3) or 156(3) where the offence is committed on a foreign ship regulated as an offshore facility;

                      (f)  an offence under subsection 143(1) in relation to a maritime security inspector exercising, or attempting to exercise, powers set out in paragraph 140A(2)(e);

                     (g)  an offence under subsection 175(1) or 184(5) by a person failing to report, or give information, in his or her capacity as an offshore industry participant;

                     (h)  an offence under subsection 176(1) by an employee of an offshore industry participant;

                      (i)  an offence under regulations made under section 109, 113D, 119, 126 or 133 where the offence is committed:

                              (i)  in, or at the edge of, an offshore security zone or a ship security zone declared under subsection 106(1A); or

                             (ii)  on or near a foreign ship regulated as an offshore facility.

7  Act to bind Crown

             (1)  This Act binds the Crown in each of its capacities.

             (2)  This Act does not make the Crown in right of the Commonwealth liable to be prosecuted for an offence.

8  Operation of State and Territory laws

                   This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Act.

9  Act not to apply to state ships etc.

             (1)  Unless the contrary intention appears, this Act does not apply to, or in relation to:

                     (a)  a warship or other ship operated for naval, military, customs or law enforcement purposes by Australia or by a foreign state; or

                     (b)  a ship (other than a ship covered by paragraph (a)) that is:

                              (i)  owned, leased or chartered by, or otherwise in the operational control of, the Commonwealth, a State or a Territory; and

                             (ii)  being used wholly for non‑commercial activities; or

                     (c)  a security regulated port, or a part of a port, at any time that the port, or the part of the port, is under the exclusive control of the Australian Defence Force.

             (2)  A reference in this Act to a maritime industry participant does not include a reference to:

                     (a)  the Australian Defence Force; or

                     (b)  the Immigration and Border Protection Department; or

                     (c)  an Agency of the Commonwealth prescribed in the regulations.

             (3)  A reference in this Act to an offshore industry participant does not include a reference to:

                     (a)  the Australian Defence Force; or

                     (b)  the Immigration and Border Protection Department; or

                     (c)  an Agency of the Commonwealth prescribed in the regulations.

Division 4Definitions

10  Definitions

                   In this Act, unless the contrary intention appears:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

ADF member means a Member within the meaning of the Defence Act 1903.

Agency has the same meaning as in the Public Service Act 1999.

Agency Head has the same meaning as in the Public Service Act 1999.

AMSA inspector means an inspector appointed under the Navigation Act 2012.

approved ISSC equivalent has the meaning given by subsection 91(3).

Australia, when used in a geographical sense, includes the external Territories.

Australian ship has the same meaning as in the Shipping Registration Act 1981.

Australian ship regulated as an offshore facility has the meaning given by subsection 16(3).

Australian waters means:

                     (a)  the territorial sea of Australia; and

                     (b)  the waters of the sea on the landward side of the territorial sea of Australia; and

                     (c)  the territorial sea of each external Territory; and

                     (d)  the waters of the sea on the landward side of the territorial sea of each external Territory; and

                     (e)  inland waters prescribed in regulations.

baggage means:

                     (a)  possessions of a passenger or crew member:

                              (i)  that are carried, or intended to be carried, on board a ship; and

                             (ii)  to which the passenger or crew member will have general access while on board the ship; and

                     (b)  possessions of a visitor to a ship:

                              (i)  that are taken, or intended to be taken, on board the ship; and

                             (ii)  to which the visitor will have general access while on board the ship; and

                     (c)  possessions of a crew member:

                              (i)  that are carried, or intended to be carried, on an offshore facility; and

                             (ii)  to which the crew member will have general access while on the offshore facility; and

                     (d)  possessions of a visitor:

                              (i)  that are taken, or intended to be taken, onto an offshore facility; and

                             (ii)  to which the visitor will have general access while on the offshore facility.

cargo means goods, other than baggage or stores, that are transported, or intended to be transported, by ship.

cargo ship includes a tanker.

Note:          A cargo ship may also be a passenger ship.

cleared:

                     (a)  in relation to a person, has the meaning given by subsection 115(3); and

                     (b)  in relation to goods, has the meaning given by subsection 116(3); and

                     (c)  in relation to a vehicle, has the meaning given by subsection 117(3); and

                     (d)  in relation to a vessel, has the meaning given by subsection 118(3).

cleared area means an area that, under regulations made under Part 6 or 7, may be entered only by persons, goods, vehicles and vessels that have received clearance.

confidentiality requirements has the meaning given by subsection 34(2).

control direction has the meaning given by subsection 99(2) or 100ZM(2).

crew:

                     (a)  in relation to a ship—includes any person employed on the ship; and

                     (b)  in relation to an offshore facility—includes any person employed on the facility.

critical installation has the meaning given by subsection 103(3).

customs officer means an officer of Customs within the meaning of the Customs Act 1901.

damage, in relation to data, includes damage by erasure of data or addition of other data.

declaration of security means:

                     (a)  an agreement reached between a ship and another party (a ship or person); or

                     (b)  an agreement reached between an offshore facility operator and another party (a ship or person);

that identifies the security activities or measures that each party will undertake or implement in specified circumstances.

duly authorised officer means a person appointed under section 147.

employee, in relation to a maritime industry participant, means an individual:

                     (a)  employed by the maritime industry participant; or

                     (b)  engaged under a contract for services between the individual and the maritime industry participant.

enforcement action has a meaning affected by subsection 17D(4).

enforcement order means an order made under section 189.

engage in conduct has the same meaning as in the Criminal Code.

Federal Court means the Federal Court of Australia.

foreign ship means a ship that is not an Australian ship.

foreign ship regulated as an offshore facility has the meaning given by subsection 17(3).

FPSO (short for Floating Product, Storage and Offtake) means a ship that is:

                     (a)  constructed or modified to accept petroleum, directly or indirectly, from a sub‑sea well or pipeline; and

                     (b)  capable of storing the petroleum and delivering it to another ship or pipeline; and

                     (c)  capable of modifying the petroleum while in storage on the ship to suit it for transport or to fit it for the commercial requirements of consignees; and

                     (d)  designed to be disconnected from its mooring during bad weather, operational emergencies, or for the purposes of maintenance or survey;

but does not include a facility that is designed to remain permanently moored for the production life of the related petroleum field.

frisk search has the same meaning as in the Crimes Act 1914.

FSU (short for Floating Storage Unit) means a ship that is:

                     (a)  constructed or modified to accept petroleum, directly or indirectly, from a sub‑sea well or pipeline; and

                     (b)  capable of storing the petroleum and delivering it to another ship or pipeline, but which is not capable of modifying the petroleum while in storage on the ship; and

                     (c)  designed to be disconnected from its mooring during bad weather, operational emergencies, or for the purposes of maintenance or survey;

but does not include a facility that is designed to remain permanently moored for the production life of the related petroleum field.

gross tonnage has the same meaning as in the SOLAS Convention.

Immigration and Border Protection Department means the Department administered by the Minister administering Part XII of the Customs Act 1901.

immigration officer means an officer within the meaning of the Migration Act 1958.

inland waters means waters within Australia other than waters of the sea.

interim ISSC means:

                     (a)  in relation to a security regulated ship—an interim ISSC given under section 86; and

                     (b)  in relation to a ship regulated as an offshore facility—an interim ISSC given under section 100ZC.

inter‑State voyage, in relation to a ship, means a voyage (other than an overseas voyage) in the course of which the ship travels between:

                     (a)  a port in a State and a port in another State; or

                     (b)  a port in a State and a port in a Territory; or

                     (c)  a port in a Territory and a port in another Territory;

whether or not the ship travels between 2 or more ports in any one State or Territory in the course of the voyage.

ISPS Code means the International Ship and Port Facility Security (ISPS) Code (as amended from time to time) as mentioned in Chapter XI‑2 of the SOLAS Convention.

ISPS level 1 measures has the meaning given by subsection 95(1).

ISPS level 2 measures has the meaning given by subsection 95(2).

ISPS level 3 measures has the meaning given by subsection 95(3).

ISSC means an international ship security certificate within the meaning of the ISPS Code.

ISSC verified:

                     (a)  in relation to a security regulated ship—has the meaning given by subsections 83(1) and (3); and

                     (b)  in relation to a ship regulated as an offshore facility—has the meaning given by subsections 100Z(1) and (3).

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

law enforcement officer has the meaning given by section 151.

maritime industry participant means:

                     (a)  a port operator; or

                     (b)  a port facility operator; or

                     (c)  the ship operator for a regulated Australian ship; or

                     (d)  the ship operator for a regulated foreign ship; or

                   (da)  an offshore industry participant; or

                      (f)  a contractor who provides services to a person mentioned in paragraphs (a) to (d); or

                     (g)  a person who:

                              (i)  conducts a maritime‑related enterprise; and

                             (ii)  is prescribed in the regulations.

Note:          Neither the Australian Defence Force nor the Immigration and Border Protection Department can be a maritime industry participant. The regulations may also exclude other Commonwealth Agencies from being maritime industry participants: see subsection 9(2).

maritime security guard has the meaning given by subsection 162(1).

maritime security inspector means a person appointed under subsection 136(1).

maritime security level means:

                     (a)  maritime security level 1; or

                     (b)  maritime security level 2; or

                     (c)  maritime security level 3.

maritime security level 1 means the maritime security level in force under section 21.

maritime security level 2 means maritime security level 2 as in force under section 23.

maritime security level 3 means maritime security level 3 as in force under section 23.

maritime security outcomes has the meaning given by subsection 3(4).

maritime security plan means a plan prepared for the purposes of Part 3.

maritime security zone means:

                     (a)  a port security zone; or

                     (b)  a ship security zone; or

                     (c)  an on‑board security zone; or

                     (d)  an offshore security zone.

maritime transport or offshore facility security incident has the meaning given by subsections 170(1) and (2).

master, in relation to a ship, means the person who has command or charge of the ship.

mobile offshore drilling unit means a vessel capable of engaging in drilling operations for the purposes of exploring or exploiting resources beneath the seabed.

national security has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004.

offshore area has the meaning given by subsection 17A(7).

offshore facility has the meaning given by section 17A.

offshore facility operator has the meaning given by section 17C.

offshore industry participant means:

                     (a)  an offshore facility operator; or

                     (b)  a contractor who provides services to an offshore facility operator; or

                     (c)  a person who:

                              (i)  conducts an enterprise connected with a security regulated offshore facility; and

                             (ii)  is prescribed in the regulations.

Note:          Neither the Australian Defence Force nor the Immigration and Border Protection Department can be an offshore industry participant. The regulations may also exclude other Commonwealth Agencies from being offshore industry participants: see subsection 9(3).

offshore security plan means a plan prepared for the purposes of Part 5A.

offshore security zone means an offshore security zone established under subsection 113A(1).

on‑board security zone means an on‑board security zone established under subsection 110(1).

operational area:

                     (a)  in relation to a security regulated ship—has the meaning given by subsection 140(5); and

                     (b)  in relation to a security regulated offshore facility—has the meaning given by subsection 140B(5).

ordinary search has the same meaning as in the Crimes Act 1914.

overseas voyage, in relation to a ship, means a voyage in the course of which the ship travels between:

                     (a)  a port in Australia and a port outside Australia; or

                     (b)  a port in Australia and a place in the waters of the sea above the continental shelf of a country other than Australia; or

                     (c)  a port outside Australia and a place in the waters of the sea above the continental shelf of Australia; or

                     (d)  a place in the waters of the sea above the continental shelf of Australia and a place in the waters of the sea above the continental shelf of a country other than Australia; or

                     (e)  ports outside Australia; or

                      (f)  places beyond the continental shelf of Australia;

whether or not the ship travels between 2 or more ports in Australia in the course of the voyage.

passenger:

                     (a)  means a passenger travelling by maritime transport; and

                     (b)  includes an intending passenger.

passenger ship means a ship that carries more than 12 passengers.

Note:          A passenger ship may also be a cargo ship.

person with incident reporting responsibilities has the meaning given by subsection 175(4).

petroleum has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

port has the meaning given by section 12.

port facility means an area of land or water, or land and water, within a security regulated port (including any buildings, installations or equipment in or on the area) used either wholly or partly in connection with the loading or unloading of security regulated ships.

port facility operator means a person who operates a port facility.

port operator has the meaning given by subsection 14(1).

port security zone means a port security zone established under subsection 102(1).

pre‑arrival information has the meaning given by subsection 92(3).

private living area:

                     (a)  in relation to a security regulated ship—has the meaning given by subsection 140(4); and

                     (b)  in relation to a security regulated offshore facility—has the meaning given by subsection 140B(4).

prohibited item means an item that:

                     (a)  could be used for unlawful interference with maritime transport or offshore facilities; and

                     (b)  is prescribed in the regulations for the purposes of this definition.

quarantine officer means an Officer within the meaning of the Quarantine Act 1908.

receive clearance:

                     (a)  in relation to a person, has the meaning given by subsection 115(2); and

                     (b)  in relation to goods, has the meaning given by subsection 116(2); and

                     (c)  in relation to a vehicle, has the meaning given by subsection 117(2); and

                     (d)  in relation to a vessel, has the meaning given by subsection 118(2).

recognised security organisation has the meaning given by subsection 88(2).

regulated Australian ship has the meaning given by section 16.

regulated foreign ship has the meaning given by section 17.

screened:

                     (a)  in relation to a person, has the meaning given by subsection 115(1); and

                     (b)  in relation to goods, has the meaning given by subsection 116(1); and

                     (c)  in relation to a vehicle, has the meaning given by subsection 117(1); and

                     (d)  in relation to a vessel, has the meaning given by subsection 118(1).

screening officer has the meaning given by subsection 165(1).

screening point means a place where screening occurs.

Secretary means the Secretary of the Department.

security assessment inspector means a person appointed under subsection 145D(1).

security compliance information has the meaning given by subsection 184(1).

security direction has the meaning given by subsection 33(2).

security officer means a person designated by a maritime industry participant to implement and maintain:

                     (a)  the participant’s maritime security plan; or

                     (b)  the ship security plan for a ship operated by the participant; or

                     (c)  the participant’s offshore security plan.

security regulated offshore facility has the meaning given by section 17B.

security regulated port has the meaning given by subsection 13(1).

security regulated ship has the meaning given by section 15.

ship means a vessel that is capable of navigating the high seas but does not include a vessel that is not self‑propelled.

ship enforcement order has the meaning given by subsection 195(2).

ship operator means:

                     (a)  unless paragraph (b) applies—the owner of a security regulated ship; or

                     (b)  if, under an agreement between the owner of the security regulated ship and another person, the other person is to be the ship operator for the security regulated ship for the purposes of this Act—that other person.

Note:          Paragraph (b) means that a ship manager or bareboat charterer (or any other person) who has assumed responsibility for the operation of a ship, can, on assuming such responsibility, also agree to take over responsibility for meeting the obligations that are imposed on the ship operator for the ship under this Act.

ship regulated as an offshore facility means each of the following:

                     (a)  an Australian ship regulated as an offshore facility;

                     (b)  a foreign ship regulated as an offshore facility.

ship security plan means a plan prepared for the purposes of Part 4.

ship security record, in relation to a particular kind of security regulated ship or ship regulated as an offshore facility, means a document or information relating to maritime security prescribed in regulations as a document or information to be kept on, by or for a ship of that kind.

ship security zone means a ship security zone declared under subsection 106(1) or (1A).

SOLAS Convention means the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as amended from time to time.

Note:          The text of the Convention is set out in Australian Treaty Series 1983 No. 22. In 2003 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department’s website.

stores means:

                     (a)  items that are to be carried on board a ship for use, sale or consumption on the ship; and

                     (b)  items that are to be carried on an offshore facility for use, sale or consumption on the facility.

terrorist act has the same meaning as in Part 5.3 of the Criminal Code.

this Act includes the regulations.

threaten: a person is taken to threaten to do an act if the person makes a statement, or does anything else, showing, or from which it could reasonably be inferred, that it is his or her intention to do the act.

unlawful interference with maritime transport or offshore facilities has the meaning given by section 11.

valid ISSC, for a ship at a particular time, means an ISSC for the ship that is in force at that time.

vessel means any craft or structure capable of navigation.

weapon means:

                     (a)  a firearm of any kind; or

                     (b)  a thing prescribed by the regulations to be a weapon; or

                     (c)  a device that, except for the absence of, or a defect in, a part of the device, would be a weapon of a kind mentioned in paragraph (a) or (b); or

                     (d)  a device that is reasonably capable of being converted into a weapon of a kind mentioned in paragraph (a) or (b).

Division 5Unlawful interference with maritime transport or offshore facilities

11  Meaning of unlawful interference with maritime transport or offshore facilities

             (1)  Any of the following done without lawful authority is an unlawful interference with maritime transport or offshore facilities:

                     (a)  committing an act, or causing any interference or damage, that puts the safe operation of a port, or the safety of any person or property at the port, at risk;

                    (aa)  committing an act, or causing any interference or damage, that puts the safe operation of an offshore facility, or the safety of any person or property at the offshore facility, at risk;

                     (b)  taking control of a ship or offshore facility by force, or threat of force, or any other form of intimidation;

                     (c)  destroying a ship that is being used for maritime transport;

                    (ca)  destroying an offshore facility;

                     (d)  causing damage to a ship that is being used for maritime transport that puts the safety of the ship, or any person or property on board or off the ship, at risk;

                     (e)  doing anything on board a ship that is being used for maritime transport that puts the safety of the ship, or any person or property on board or off the ship, at risk;

                      (f)  placing, or causing to be placed, on board a ship that is being used for maritime transport anything that puts the safety of the ship, or any person or property on board or off the ship, at risk;

                     (g)  putting the safety of ships at risk by interfering with, damaging or destroying navigational aids, communication systems or security systems;

                     (h)  putting the safety of ships at risk by communicating false information.

             (2)  However, unlawful interference with maritime transport or offshore facilities does not include lawful advocacy, protest, dissent or industrial action that does not result in, or contribute to, an action of a kind mentioned in paragraphs (1)(a) to (h).

Division 6Security regulated ports and port operators

12  Meaning of port

             (1)  A port is an area of water, or land and water (including any buildings, installations or equipment situated in or on that land or water) intended for use either wholly or partly in connection with the movement, loading, unloading, maintenance or provisioning of ships.

             (2)  A port includes:

                     (a)  areas of water, between the land of the port and the open waters outside the port, intended for use by ships to gain access to loading, unloading or other land‑based facilities; and

                     (b)  areas of open water intended for anchoring or otherwise holding ships before they enter areas of water described in paragraph (a); and

                     (c)  areas of open water between the areas of water described in paragraphs (a) and (b).

13  Security regulated ports

             (1)  The Secretary may, by notice published in the Gazette, declare that areas of a port intended for use either wholly or partly in connection with the movement, loading, unloading, maintenance or provisioning of security regulated ships comprise a security regulated port.

             (2)  The notice must include a map of the port that shows the boundaries of the security regulated port.

             (3)  An area controlled exclusively by the Australian Defence Force must not be included as part of a security regulated port.

14  Port operators

             (1)  The Secretary may, by notice published in the Gazette, designate a person as the port operator for a security regulated port.

             (2)  In designating a person as a port operator, the Secretary must take into account:

                     (a)  the ability of the person to undertake the functions of a port operator; and

                     (b)  the physical and operational features of the port; and

                     (c)  the views of the person, or persons, responsible for managing the operations of the port.

Division 7Security regulated ships

15  Meaning of security regulated ship

             (1)  Each of the following is a security regulated ship:

                     (a)  a regulated Australian ship;

                     (b)  a regulated foreign ship.

Note:          Certain government‑controlled ships (both Australian and foreign) are exempt from the operation of this Act: see section 9.

             (2)  The regulations may prescribe different categories of security regulated ships.

Note:          Regulations under this Act may make different provision with respect to different categories of security regulated ships: see subsection 33(3A) of the Acts Interpretation Act 1901.

16  Meaning of regulated Australian ship

             (1)  A ship is a regulated Australian ship if the ship is an Australian ship that is:

                     (a)  a passenger ship that is used for overseas or inter‑State voyages; or

                     (b)  a cargo ship of 500 gross tonnage or more that is used for overseas or inter‑State voyages; or

                     (c)  a mobile offshore drilling unit that is on an overseas or inter‑State voyage (other than a unit that is attached to the seabed); or

                     (d)  a ship of a kind prescribed in the regulations.

             (2)  However, the following ships are not regulated Australian ships:

                     (a)  an Australian ship regulated as an offshore facility;

                     (b)  a ship of a kind prescribed by the regulations.

             (3)  In this Act, an Australian ship regulated as an offshore facility means a FPSO or FSU that is:

                     (a)  an Australian ship; and

                     (b)  either a security regulated offshore facility or part of a security regulated offshore facility.

Note:          A FPSO or FSU is both a ship and an offshore facility. As it is an offshore facility, the Secretary may declare it to be a security regulated offshore facility. If this happens, the ship ceases to be a security regulated ship.

17  Meaning of regulated foreign ship

             (1)  A ship is a regulated foreign ship if the ship:

                     (a)  is a foreign ship; and

                     (b)  is one of the following:

                              (i)  a passenger ship;

                             (ii)  a cargo ship of 500 gross tonnage or more;

                            (iii)  a mobile offshore drilling unit (other than a unit that is attached to the seabed);

                            (iv)  a ship of a kind prescribed in the regulations; and

                     (c)  is in Australian waters; and

                     (d)  is in, or is intending to proceed to, a port in Australia.

             (2)  However, the following ships are not regulated foreign ships:

                     (a)  a foreign ship regulated as an offshore facility;

                     (b)  a ship of a kind prescribed by the regulations.

             (3)  In this Act, a foreign ship regulated as an offshore facility means a FPSO or FSU that is:

                     (a)  a foreign ship; and

                     (b)  either a security regulated offshore facility or part of a security regulated offshore facility.

Note:          A FPSO or FSU is both a ship and an offshore facility. As it is an offshore facility, the Secretary may declare it to be a security regulated offshore facility. If this happens, the ship ceases to be a security regulated ship.

Division 7ASecurity regulated offshore facilities and offshore facility operators

17A  Meaning of offshore facility

             (1)  An offshore facility is a facility, located in an offshore area, that is used in the extraction of petroleum from the seabed or its subsoil with equipment on, or forming part of, the facility, and includes:

                     (a)  any structure, located in the offshore area, used in operations or activities associated with, or incidental to, activities of that kind; and

                     (b)  any vessel, located in the offshore area, used in operations or activities associated with, or incidental to, activities of that kind.

             (2)  A FPSO located in an offshore area is an offshore facility.

             (3)  A FSU located in an offshore area is an offshore facility.

Note:          A FPSO or FSU is both a ship and an offshore facility. As it is an offshore facility, the Secretary may declare it to be a security regulated offshore facility. If this happens, the ship ceases to be a security regulated ship.

             (4)  However, a ship is not an offshore facility, and does not form part of an offshore facility, if it is:

                     (a)  an offtake tanker; or

                     (b)  a tug or an anchor handler; or

                     (c)  a ship used to supply an offshore facility, or otherwise travel between an offshore facility and the shore.

             (5)  An offshore facility does not include any pipeline that is beneath the low water mark.

             (6)  A mobile offshore drilling unit is not an offshore facility, and does not form part of an offshore facility.

             (7)  In this Act, an offshore area is an area in:

                     (a)  Australian waters; or

                     (b)  the exclusive economic zone of Australia (including its external Territories); or

                     (c)  the sea over the continental shelf of Australia (including its external Territories).

17B  Security regulated offshore facilities

             (1)  The Secretary may, by notice published in the Gazette, declare that any of the following is a security regulated offshore facility:

                     (a)  an offshore facility;

                     (b)  a part of an offshore facility;

                     (c)  a group of offshore facilities;

                     (d)  a part of a group of offshore facilities.

             (2)  The notice must include information on the location and boundaries of the security regulated offshore facility of the kind and in the form prescribed by the regulations.

17C  Offshore facility operators

             (1)  The Secretary may, in writing, designate a person as the offshore facility operator for a security regulated offshore facility.

             (2)  In designating a person as an offshore facility operator, the Secretary must take into account:

                     (a)  the ability of the person to undertake the functions of an offshore facility operator; and

                     (b)  the physical and operational features of the facility; and

                     (c)  the views of the person, or persons, responsible for managing the operations of the facility; and

                     (d)  whether the person is the operator in relation to the facility for the purposes of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Division 7BOffences and enforcement action in relation to non‑regulated foreign ships

17D  Persons travelling on non‑regulated foreign ships

             (1)  This section applies to a person travelling (whether as a passenger or crew) on a foreign ship that is neither a regulated foreign ship, nor a foreign ship regulated as an offshore facility.

             (2)  No offence is committed by the person under this Act unless, at the time of the alleged offence:

                     (a)  the person is involved in some activity in relation to a security regulated offshore facility; or

                     (b)  the ship is involved in some activity in relation to a security regulated offshore facility, or is in Australian waters.

             (3)  No enforcement action may be taken against the person unless, at the time of the alleged incident giving rise to the enforcement action:

                     (a)  the person is involved in some activity in relation to a security regulated offshore facility; or

                     (b)  the ship is involved in some activity in relation to a security regulated offshore facility, or is in Australian waters.

             (4)  In this Act, an enforcement action includes:

                     (a)  action by a maritime security inspector, a duly authorised officer, a law enforcement officer, a maritime security guard or a screening officer under Part 8; and

                     (b)  issuing an infringement notice under regulations made under section 187; and

                     (c)  making an enforcement order under Division 3 of Part 11; and

                     (d)  granting an injunction under Division 5 of Part 11.

17E  Enforcement action against non‑regulated ships

             (1)  This section applies to a foreign ship that is neither a regulated foreign ship, nor a foreign ship regulated as an offshore facility.

             (2)  No enforcement action may be taken against the ship unless, at the time of the alleged incident giving rise to the enforcement action, the ship is involved in some activity in relation to a security regulated offshore facility, or is in Australian waters.

Division 8General defences

18  General defences

Ship master’s decisions

             (1)  A person does not commit an offence against this Act if:

                     (a)  a physical element of the offence exists (whether directly or indirectly) because the master of a ship engaged in conduct in the operation or control of the ship; and

                     (b)  without the existence of that physical element the person would not commit the offence; and

                     (c)  the master engaged in the conduct to protect the safety or security of:

                              (i)  the ship; or

                             (ii)  the ship’s cargo; or

                            (iii)  a person (whether on board the ship or not); or

                            (iv)  another ship; or

                             (v)  a port, or a port facility or other installation within a port; or

                            (vi)  an offshore facility; and

                     (d)  the conduct was reasonable in the circumstances.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).

Security directions

             (2)  If:

                     (a)  a person is required to comply with a security direction; and

                     (b)  compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;

the person, in complying with the security direction, is taken not to have committed the offence or contravened the requirement.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Control directions

             (3)  If:

                     (a)  a person is required to comply with a control direction; and

                     (b)  compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;

the person, in complying with the control direction, is taken not to have committed the offence or contravened the requirement.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).

Division 9Communicating with ship operators

19  Communicating with ship operators

                   For the purposes of this Act, a person may give a notice or direction to, or otherwise communicate with, a ship operator for a ship by giving the notice or direction to, or communicating with, the shipping agent for the ship.

Part 2Maritime security levels and security directions

Division 1Simplified overview of Part

20  Simplified overview of Part

Maritime security level 1 is in force for each security regulated port, each maritime industry participant, each regulated Australian ship and each security regulated offshore facility unless the Secretary declares that maritime security level 2 or 3 is in force for the port, participant, ship or facility.

If maritime security level 2 or 3 is in force for a port, that maritime security level is in force for every maritime industry participant, security regulated ship, ship regulated as an offshore facility and security regulated offshore facility within the port.

The Secretary may also declare that maritime security level 2 or 3 is in force for a regulated foreign ship. A regulated foreign ship may also be directed by its flag state to operate at a higher security level.

A foreign ship regulated as an offshore facility may also be directed by its flag state to operate at a higher security level.

If maritime security level 2 or 3 is in force for a security regulated offshore facility, that maritime security level is in force for:

               (a)     every maritime industry participant within the facility; and

              (b)     every security regulated ship in the vicinity of the facility that is engaged in activity in relation to the facility, and for which a lower security level was in force.

Division 3 sets out requirements for notifying maritime security level declarations.

In special circumstances the Secretary is able to give security directions to maritime industry participants, employees of such participants, passengers and persons within the boundaries of a security regulated port or security regulated offshore facility. Security directions may include confidentiality requirements.

Division 2Maritime security levels 1, 2 and 3

21  Default security level—maritime security level 1

                   Unless a declaration under subsection 22(1) provides otherwise, maritime security level 1 is in force for each:

                     (a)  security regulated port; and

                     (b)  regulated Australian ship; and

                   (ba)  security regulated offshore facility; and

                     (c)  area within a security regulated port; and

                     (d)  maritime industry participant.

Note:          For obligations on foreign ships, see Division 2 of Part 5.

22  Secretary may declare maritime security level 2 or 3

             (1)  The Secretary may, by writing, declare that maritime security level 2 or maritime security level 3 is in force for one or more of the following as specified in the declaration:

                     (a)  a security regulated port;

                     (b)  a regulated Australian ship;

                   (ba)  a security regulated offshore facility;

                     (c)  an area within a security regulated port;

                     (d)  a maritime industry participant;

                     (e)  operations conducted by a maritime industry participant within, or in connection with, a security regulated port or a security regulated offshore facility.

             (2)  The Secretary may also, by writing, declare that maritime security level 2 or maritime security level 3 is in force for a regulated foreign ship.

             (3)  However, the Secretary must not make a declaration under subsection (1) or (2) unless it is appropriate for a higher level of security to be put into place for the port, ship, facility, area or participant concerned because a heightened risk to maritime transport or offshore facilities has been identified.

             (4)  If:

                     (a)  a foreign ship regulated as an offshore facility is registered in another country (the flag state); and

                     (b)  the ship is directed by the flag state to implement a higher level of security than would otherwise apply under this Division;

then:

                     (c)  that higher security level is taken to have been declared by the Secretary under subsection (1) to be in force for the ship; and

                     (d)  the declaration is taken to have been made on the day on which the direction is given; and

                     (e)  that higher security level is in force for the ship until it ceases to be in force under the law of the flag state; and

                      (f)  if the ship is part of a security regulated offshore facility—the security level of the remainder of the facility is not affected.

Note:          Maritime security plans, ship security plans and offshore security plans (see Parts 3, 4 and 5A) will set out security activities and measures to be undertaken or implemented when different maritime security levels are in force.

             (5)  A declaration under subsection (1) that a maritime security level is in force for a regulated Australian ship may specify that the level is only in force for the ship while it is in specified waters.

23  When a maritime security level is in force

             (1)  If a declaration is made under subsection 22(1) or (2), the maritime security level declared in the declaration is in force for the port, facility, area, participant, operation or regulated foreign ship covered by the declaration until either of the following occurs:

                     (a)  the period (if any) specified in the declaration expires;

                     (b)  the declaration is revoked, in writing, by the Secretary.

             (2)  If a declaration is made under subsection 22(1) for a regulated Australian ship, and the declaration does not limit the waters in which the security level is in force in reliance on subsection 22(5), the maritime security level declared in the declaration is in force for the ship until either of the following occurs:

                     (a)  the period (if any) specified in the declaration expires;

                     (b)  the declaration is revoked, in writing, by the Secretary.

             (3)  If a declaration is made under subsection 22(1) for a regulated Australian ship, and the declaration limits the waters in which the security level is in force in reliance on subsection 22(5), then unless:

                     (a)  the period (if any) specified in the declaration expires; or

                     (b)  the declaration is revoked, in writing, by the Secretary;

the maritime security level declared in the declaration is in force for the ship while it is in those waters.

24  Maritime security level declaration for a port covers all port operations

                   If the Secretary declares that a maritime security level is in force for a security regulated port, that maritime security level is in force for:

                     (a)  every area; and

                     (b)  every security regulated ship; and

                     (c)  every ship regulated as an offshore facility; and

                     (d)  every security regulated offshore facility; and

                     (e)  any operations conducted by a maritime industry participant;

within the boundaries of the security regulated port.

24A  Maritime security level declaration for an offshore facility covers ships and operations in the vicinity

                   If the Secretary declares that a maritime security level is in force for a security regulated offshore facility, that maritime security level is in force for:

                     (a)  every security regulated ship:

                              (i)  in the vicinity of the facility that is engaged in any activity in relation to the facility; and

                             (ii)  for which (but for this section) a lower maritime security level is in force; and

                     (b)  any operations conducted by a maritime industry participant within the boundaries of the facility.

25  Security levels and complying with plans

Maritime security plans

             (1)  For the purposes of subsection 44(1), if:

                     (a)  a maritime industry participant is required to comply with a maritime security plan; and

                     (b)  the Secretary makes a declaration under subsection 22(1); and

                     (c)  the effect of the declaration is that maritime security level 2 or 3 is in force for:

                              (i)  the participant; or

                             (ii)  an area controlled by the participant; or

                            (iii)  particular operations of the participant;

the participant does not comply with the plan unless the participant implements the measures set out in the plan for the participant, area or operations, as required, for that maritime security level.

Ship security plans

             (2)  For the purposes of subsection 63(1), if:

                     (a)  a ship security plan is in force for a regulated Australian ship; and

                     (b)  the Secretary makes a declaration under subsection 22(1); and

                     (c)  the effect of the declaration is that maritime security level 2 or 3 is in force for the ship;

the ship security plan for the ship is not complied with unless the measures set out in the plan for that maritime security level are implemented.

Note:          Obligations on regulated foreign ships to comply with security levels are set out in section 94.

Offshore security plans

             (3)  For the purposes of subsection 100D(1), if:

                     (a)  an offshore industry participant is required to comply with an offshore security plan; and

                     (b)  the Secretary makes a declaration under subsection 22(1) or is taken to have made such a declaration because of subsection 22(4); and

                     (c)  the effect of the declaration is that maritime security level 2 or 3 is in force for:

                              (i)  the participant; or

                             (ii)  particular operations of the participant;

the participant does not comply with the plan unless the participant implements the measures set out in the plan for the participant or operations, as required, for that maritime security level.

26  Maritime security level 1, 2 or 3 applies with security directions

                   To avoid doubt, if maritime security level 1, 2 or 3 (the existing security level) is in force for:

                     (a)  a security regulated port; or

                     (b)  a regulated Australian ship; or

                   (ba)  a ship regulated as an offshore facility; or

                   (bb)  a security regulated offshore facility; or

                     (c)  an area within a security regulated port; or

                     (d)  a maritime industry participant; or

                     (e)  the operations of a maritime industry participant;

and a security direction is given to, or in relation to, the port, ship, facility, area, participant or operation, the existing security level continues in force.

Division 3Notifying maritime security level 2 and 3 declarations and revocations

27  Notifying declarations covering security regulated ports

             (1)  If the Secretary declares that a maritime security level is in force for a security regulated port, the Secretary must, as soon as practicable, notify:

                     (a)  the port operator; and

                     (b)  each maritime industry participant who is required to have a maritime security plan and who:

                              (i)  controls an area within the boundaries of the security regulated port; or

                             (ii)  operates within the boundaries of the security regulated port; and

                     (c)  each offshore industry participant who is required to have an offshore security plan and who operates within the boundaries of the security regulated port.

             (2)  If the Secretary gives a port operator notice of a declaration under subsection (1), the port operator must, as soon as practicable, give notice of the declaration to:

                     (a)  every maritime industry participant who is covered by the port operator’s maritime security plan and who:

                              (i)  controls an area within the boundaries of the security regulated port; or

                             (ii)  operates within the boundaries of the security regulated port; and

                     (b)  the master of every security regulated ship that is within the port or about to enter the port.

Penalty:  10 penalty units

             (3)  Subsection (2) does not apply if the port operator has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

             (4)  Subsection (2) is an offence of strict liability.

28  Notifying declarations covering security regulated ships

                   If the Secretary declares that:

                     (a)  a maritime security level is in force for a regulated Australian ship; or

                     (b)  a maritime security level is in force for a regulated Australian ship while it is in specified waters; or

                     (c)  a maritime security level is in force for a regulated foreign ship;

the Secretary must, as soon as practicable, notify the ship operator for the ship, or the master of the ship.

28A  Notifying declarations covering security regulated offshore facilities

             (1)  If the Secretary declares that a maritime security level is in force for a security regulated offshore facility (and the declaration is not one that, under subsection 22(4), is taken to have been made), the Secretary must, as soon as practicable, notify:

                     (a)  the offshore facility operator; and

                     (b)  each offshore industry participant who is required to have an offshore security plan and who operates within the boundaries of the security regulated offshore facility.

             (2)  If the Secretary gives an offshore facility operator notice of a declaration under subsection (1), the operator must, as soon as practicable, give notice of the declaration to:

                     (a)  every offshore industry participant who is covered by the operator’s offshore security plan and who operates within the boundaries of the facility; and

                     (b)  the ship operator or master of every security regulated ship located in the vicinity of the facility that is engaged in any activity in relation to the facility; and

                     (c)  where the security regulated offshore facility, or part of the facility, is a ship regulated as an offshore facility—the master of the ship.

Penalty:  10 penalty units.

             (3)  Subsection (2) does not apply if the offshore facility operator has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

             (4)  Subsection (2) is an offence of strict liability.

29  Notifying declarations covering areas within security regulated ports

                   If the Secretary declares that a maritime security level is in force for an area within a security regulated port, the Secretary must, as soon as practicable, notify:

                     (a)  the maritime industry participant who controls the area; and

                     (b)  if the maritime industry participant is not the port operator—the port operator.

30  Notifying declarations covering maritime industry participants

                   If the Secretary declares that a maritime security level is in force for a maritime industry participant or for particular operations of an industry participant, the Secretary must, as soon as practicable, notify:

                     (a)  the maritime industry participant; and

                     (b)  if the maritime industry participant conducts operations covered by the declaration within a security regulated port and is not the port operator—the port operator; and

                     (c)  if the maritime industry participant conducts operations covered by the declaration within a security regulated offshore facility and is not the offshore facility operator—the offshore facility operator.

31  Notifying revocations

Secretary must notify of revocations

             (1)  If:

                     (a)  the Secretary has notified a person under section 27, 28, 28A, 29 or 30 that a maritime security level is in force; and

                     (b)  the Secretary revokes the declaration concerned;

the Secretary must, as soon as practicable, notify the person of the revocation.

When port operators must then notify others

             (2)  If:

                     (a)  a port operator has notified a person under subsection 27(2) that a maritime security level is in force; and

                     (b)  the Secretary revokes the declaration concerned;

the port operator must, as soon as practicable, notify the person of the revocation.

Penalty:  10 penalty units

             (3)  Subsection (2) does not apply if the port operator has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

             (4)  Subsection (2) is an offence of strict liability.

When offshore facility operators must then notify others

             (5)  If:

                     (a)  an offshore facility operator has notified a person under subsection 28A(2) that a maritime security level is in force; and

                     (b)  the Secretary revokes the declaration concerned;

the offshore facility operator must, as soon as practicable, notify the person of the revocation.

Penalty:  10 penalty units.

             (6)  Subsection (5) does not apply if the offshore facility operator has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).

             (7)  Subsection (5) is an offence of strict liability.

32  Requirements for giving notice

                   The regulations may prescribe requirements in relation to notifying declarations, and revocations of declarations, under this Division.

Division 4Security directions

33  Secretary may give security directions

             (1)  The Secretary may direct that additional security measures be implemented or complied with.

             (2)  A direction under subsection (1) is a security direction.

             (3)  The Secretary must not give a security direction unless it is appropriate to do so because an unlawful interference with maritime transport or offshore facilities is probable or imminent.

             (4)  A security direction has no effect until the Secretary commits the direction to writing.

Note:          This requires the Secretary to have a written record of a direction that is given orally.

             (5)  The regulations may prescribe requirements for, or in relation to, the giving of security directions.

34  Confidentiality requirements

             (1)  A security direction may include restrictions in relation to the disclosure of the direction.

             (2)  Such restrictions are confidentiality requirements.

35  Persons to whom security directions may be given

Persons to whom Secretary may give security directions

             (1)  A security direction may be given by the Secretary to one or more of the following:

                     (a)  a maritime industry participant or an employee of a maritime industry participant;

                     (b)  passengers;

                     (c)  persons, other than persons mentioned in paragraphs (a) and (b), who are within the boundaries of a security regulated port;

                     (d)  persons, other than persons mentioned in paragraphs (a) and (b), who are within the boundaries of a security regulated offshore facility.

             (2)  For the purposes of giving a security direction to persons mentioned in paragraph (1)(b), (c) or (d), the Secretary is taken to have given a direction to the persons if the direction is clearly displayed at a place where the direction is to be complied with by those persons.

Port operator may be required to communicate security directions

             (3)  The Secretary may, in a security direction given to the port operator for a security regulated port, require the port operator to communicate all or a part of the direction to specified maritime industry participants who operate within the port.

             (4)  If the Secretary gives a port operator a direction under subsection (1) that requires the port operator to communicate all or a part of the direction to specified maritime industry participants who operate within the port, the port operator must, as soon as practicable, communicate the direction, or the part of the direction, to the specified maritime industry participants.

Penalty:  50 penalty units

             (5)  Subsection (4) does not apply if the port operator has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).

             (6)  Subsection (4) is an offence of strict liability.

             (7)  If a direction is given to a maritime industry participant by a port operator as mentioned in subsection (3), the direction is taken to have been given to the participant by the Secretary.

Offshore facility operator may be required to communicate security directions

             (8)  The Secretary may, in a security direction given to the offshore facility operator for a security regulated offshore facility, require the operator to communicate all or a part of the direction to specified maritime industry participants:

                     (a)  who are on board a security regulated ship that is in the vicinity of the facility and that is engaged in any activity in relation to the facility; or

                     (b)  who operate within the facility.

             (9)  If the Secretary gives an offshore facility operator a direction under subsection (8) that requires the operator to communicate all or a part of the direction to specified maritime industry participants, the operator must, as soon as practicable, communicate the direction, or the part of the direction, to the specified maritime industry participants.

Penalty:  50 penalty units.

           (10)  Subsection (9) does not apply if the offshore facility operator has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (10) (see subsection 13.3(3) of the Criminal Code).

           (11)  Subsection (9) is an offence of strict liability.

           (12)  If a direction is given to a maritime industry participant by an offshore facility operator as mentioned in subsection (8), the direction is taken to have been given to the participant by the Secretary.

36  Secretary may give security directions to security regulated ships

             (1)  The Secretary may give a security direction to a security regulated ship by giving the direction to:

                     (a)  the ship operator for the ship; or

                     (b)  the master of the ship.

             (2)  If the Secretary gives a ship operator a direction under subsection (1), the ship operator must, as soon as practicable, communicate the direction to the master of the ship covered by the direction.

Penalty:  50 penalty units

             (3)  Subsection (2) does not apply if the ship operator has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

             (4)  Subsection (2) is an offence of strict liability.

             (5)  If a direction is given to a master by a ship operator as mentioned in subsection (2), the direction is taken to have been given to the master by the Secretary.

36A  Secretary may give security directions to ships regulated as offshore facilities

             (1)  The Secretary may give a security direction to a ship regulated as an offshore facility by giving the direction to:

                     (a)  the offshore facility operator for the ship; or

                     (b)  the master of the ship.

             (2)  If the Secretary gives an offshore facility operator a direction under subsection (1), the offshore facility operator must, as soon as practicable, communicate the direction to the master of the ship covered by the direction.

Penalty:  50 penalty units.

             (3)  Subsection (2) does not apply if the offshore facility operator has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

             (4)  Subsection (2) is an offence of strict liability.

             (5)  If a direction is given to a master by an offshore facility operator as mentioned in subsection (2), the direction is taken to have been given to the master by the Secretary.

37  When a security direction is in force

             (1)  A security direction comes into force at the time specified in the direction.

             (2)  However:

                     (a)  if:

                              (i)  there is no time specified; or

                             (ii)  the specified time is before the time when the direction is given;

                            the direction comes into force 24 hours after it is given; or

                     (b)  if the specified time is later than the beginning of the seventh day after the direction is given, the direction comes into force at the start of that day.

             (3)  A security direction remains in force until either of the following occurs:

                     (a)  the direction is revoked in writing by the Secretary;

                     (b)  the direction has been in force for a continuous period of 3 months.

38  Revoking security directions

             (1)  The Secretary must revoke a security direction if the unlawful interference with maritime transport or offshore facilities in relation to which the direction was given is no longer probable or imminent.

             (2)  If:

                     (a)  the Secretary gives a security direction to a person (including a direction given under section 36 to the ship operator for, or the master of, a security regulated ship, or a direction given under section 36A to the offshore facility operator for, or the master of, a ship regulated as an offshore facility); and

                     (b)  the Secretary revokes the direction; and

                     (c)  the direction has not been displayed under subsection 35(2);

the Secretary must notify the person of the revocation.

             (3)  If the Secretary has displayed a security direction under subsection 35(2) and the Secretary revokes the direction, the Secretary must remove the displayed direction.

39  Failure to comply with security directions

             (1)  A person (including a person to whom a security direction to a ship is given under section 36 or 36A) commits an offence if:

                     (a)  a security direction is given to, or communicated to, the person; and

                     (b)  the direction is in force; and

                     (c)  the person fails to comply with the direction; and

                     (d)  the failure is not a failure to comply with confidentiality requirements.

Penalty:  For a port operator, ship operator, port facility operator or offshore facility operator—200 penalty units.

              For a maritime industry participant other than a port operator, ship operator, port facility operator or offshore facility operator—100 penalty units.

              For any other person—50 penalty units.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subsection (1) is an offence of strict liability.

40  Failure to comply with confidentiality requirements

             (1)  A person (including a person to whom a security direction to a ship is given under section 36 or 36A) commits an offence if:

                     (a)  a security direction is given to the person; and

                     (b)  the person fails to comply with confidentiality requirements in the direction; and

                     (c)  the failure is not due to a disclosure made to a court or a tribunal, or to an authority or person that has the power to require the production of documents or the answering of questions.

Penalty:  20 penalty units.

             (2)  Subsection (1) is an offence of strict liability.

Part 3Maritime security plans

Division 1Simplified overview of Part

41  Simplified overview of Part

Maritime security plans identify security measures to be implemented when different maritime security levels are in force.

Various maritime industry participants are required to have, and comply with, maritime security plans. This is dealt with in Division 2.

Various other persons and ships are required to comply with maritime security plans. This is dealt with in Division 3.

The content and form of maritime security plans is dealt with in Division 4.

The approval of maritime security plans by the Secretary is dealt with in Division 5. That Division also deals with the variation and revision of plans, and with the cancellation of the approval of plans.

Division 2Maritime industry participants required to have maritime security plans

42  Who must have maritime security plans

             (1)  The following maritime industry participants are required to have a maritime security plan:

                     (a)  a port operator;

                     (b)  a port facility operator;

                     (c)  a participant of a kind prescribed in the regulations;

                     (d)  a particular participant prescribed in the regulations.

Note:          Part 4 deals with security plans for regulated Australian ships.

             (2)  The Secretary may, by written notice given to a maritime industry participant, permit the participant to have more than one maritime security plan.

             (3)  The notice must specify the operations or locations to be covered by each plan.

             (4)  If the participant has more than one plan, the participant is required to have all of the plans specified in the notice.

43  Offence—operating without a maritime security plan

             (1)  A maritime industry participant commits an offence if:

                     (a)  the participant is required under section 42 to have a maritime security plan; and

                     (b)  the participant operates as a participant of that kind; and

                     (c)  there is not such a plan in force for the participant.

Penalty:  For a port operator or port facility operator—200 penalty units.

              For any other maritime industry participant—100 penalty units.

             (2)  Subsection (1) does not apply if the participant has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subsection (1) is an offence of strict liability.

44  Offence—failing to comply with maritime security plan

             (1)  A maritime industry participant commits an offence if:

                     (a)  the participant is required under section 42 to have a maritime security plan; and

                     (b)  there is such a plan for the participant in force; and

                     (c)  the participant fails to comply with the plan.

Penalty:  For a port operator or port facility operator—200 penalty units.

              For any other maritime industry participant—100 penalty units.

             (2)  Subsection (1) does not apply if the participant has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subsection (1) is an offence of strict liability.

Division 3Complying with other plans

45  Complying with maritime security plans of other participants

             (1)  A maritime industry participant must not engage in conduct that hinders or obstructs compliance with the maritime security plan of another maritime industry participant.

             (2)  If:

                     (a)  a maritime security plan (the covering plan) for a maritime industry participant covers the activities of another maritime industry participant; and

                     (b)  the other participant:

                              (i)  is not required to have a maritime security plan; and

                             (ii)  has been given the relevant parts of the covering plan;

the other maritime industry participant must take all reasonable steps to comply with the covering plan.

             (3)  If:

                     (a)  a maritime security plan (the covering plan) for a maritime industry participant covers the activities of another maritime industry participant; and

                     (b)  the other participant:

                              (i)  is required to have a maritime security plan; and

                             (ii)  has been given the relevant parts of the covering plan; and

                            (iii)  has agreed in writing to those activities being covered by the covering plan;

the other maritime industry participant must take all reasonable steps to comply with the covering plan.

             (4)  If a maritime industry participant contravenes subsection (1), (2) or (3), the participant does not commit an offence but may be subject to an enforcement order (see section 189) or an injunction under section 197.

46  Australian regulated ships must not hinder or obstruct compliance with maritime security plans

             (1)  The operations of a regulated Australian ship must not hinder or obstruct compliance with a maritime security plan.

             (2)  If the operations of a regulated Australian ship hinder or obstruct compliance with a maritime security plan, either or both of the following may be subject to a ship enforcement order (see section 195) or an injunction under section 197:

                     (a)  the ship operator for the ship;

                     (b)  the master of the ship.

Note:          Obligations on regulated foreign ships are set out in Division 2 of Part 5.

Division 4Content and form of maritime security plans

47  Content of maritime security plans

             (1)  A maritime security plan for a maritime industry participant must:

                     (a)  include a security assessment for:

                              (i)  the participant’s operation; or

                             (ii)  if the participant has more than one maritime security plan—the operations or locations covered by the plan; and

                     (b)  set out the security activities or measures to be undertaken or implemented by the participant under the plan for maritime security levels 1, 2 and 3; and

                     (c)  designate, by name or by reference to a position, all security officers responsible for implementing and maintaining the plan; and

                     (d)  make provision for the use of declarations of security; and

                     (e)  demonstrate that the implementation of the plan will make an appropriate contribution towards the achievement of the maritime security outcomes.

Note:          The maritime security outcomes are set out in subsection 3(4).

             (2)  The security assessment under paragraph (1)(a) must:

                     (a)  take into account any documents required in writing by the Secretary to be taken into account; and

                     (b)  address any matters prescribed in the regulations.

48  Prescribed content for maritime security plans

                   The regulations may prescribe specific matters that are to be dealt with in one or more of the following:

                     (a)  each maritime security plan;

                     (b)  each maritime security plan for a particular kind of maritime industry participant;

                     (c)  each maritime security plan for a particular class of a particular kind of maritime industry participant.

49  Form of maritime security plans

             (1)  A maritime security plan must be:

                     (a)  in writing; and

                     (b)  prepared in accordance with any requirements set out in the regulations.

             (2)  A maritime security plan must include:

                     (a)  if the Secretary has not established any port security zones under subsection 102(1) within the area covered by the plan, and the participant proposes that the Secretary should establish such a zone or zones within that area—a map that shows each proposed zone; and

                     (b)  if the Secretary has established a port security zone or zones under subsection 102(1) within the area covered by the plan:

                              (i)  a map that shows each such zone; and

                             (ii)  if the participant proposes that such a zone be changed—a map that shows the proposed change; and

                            (iii)  if the participant proposes that the Secretary should establish an additional port security zone within that area or revoke the establishment of an existing port security zone within that area—a map that shows the zones that would be established within that area if the proposal were accepted.

             (3)  The maritime security plan for a port operator for a security regulated port must include a map of the whole security regulated port.

Division 5Approving, varying, revising and cancelling maritime security plans

50  Providing maritime security plans for approval

             (1)  A maritime industry participant may, by written notice given to the Secretary, request the Secretary to approve a maritime security plan for the participant.

             (2)  The notice must be accompanied by a copy of the plan.

51  Approval of maritime security plans

             (1)  If the Secretary is satisfied that the plan adequately addresses the relevant requirements under Division 4, the Secretary must:

                     (a)  approve the plan; and

                     (b)  give the participant written notice of the approval.

             (2)  If the Secretary is not satisfied that the plan adequately addresses the relevant requirements under Division 4, the Secretary must:

                     (a)  refuse to approve the plan; and

                     (b)  give the participant written notice of the refusal including reasons for the refusal.

             (3)  In determining whether the plan adequately addresses the relevant requirements under Division 4, the Secretary may take account of existing circumstances as they relate to maritime transport, and offshore facility, security.

Failure to approve plan within consideration period

             (4)  If:

                     (a)  a maritime industry participant gives the Secretary a maritime security plan; and

                     (b)  the Secretary does not approve, or refuse to approve, the plan within the consideration period;

the Secretary is taken to have refused to approve the plan.

Note:          A maritime industry participant may apply to the Administrative Appeals Tribunal for review of a decision to refuse to approve a maritime security plan under subsection (2) or (4): see section 201.

Secretary may request further information

             (5)  The Secretary may, by written notice given to the participant within the consideration period, request the participant to give the Secretary specified information relevant to the approval of the plan.

             (6)  The notice must specify a period of not more than 45 days within which the information must be given. However, if more than one notice is given to the participant under subsection (5), the total of the periods specified in the notices must not exceed 45 days.

Consideration period

             (7)  The consideration period is the period of 60 days commencing on the day on which the Secretary received the plan, extended, in relation to each notice already given under subsection (5), by a number of days equal to the number of days falling within the period:

                     (a)  commencing on the day on which the notice under subsection (5) was given; and

                     (b)  ending on:

                              (i)  the day on which the information requested in that notice was received by the Secretary; or

                             (ii)  if the information is not given within the period specified in that notice—the last day of that period.

52  When a maritime security plan is in force

             (1)  If the Secretary approves the maritime security plan, the plan comes into force at the time specified in the notice of approval.

             (2)  However, if:

                     (a)  the time specified in the notice is earlier than the time at which the notice was given; or

                     (b)  no time is specified in the notice as the time when the plan comes into force;

the plan comes into force when the notice is given.

             (3)  The plan remains in force for a period of 5 years or such lesser period as the Secretary specifies in the notice of approval (which must be at least 12 months), unless before the end of that period:

                     (a)  the plan is replaced under subsection 54(4) or 55(4); or

                     (b)  the approval of the plan is cancelled under this Division.

52A  Participants may submit variations to maritime security plans

             (1)  If a maritime security plan for a maritime industry participant is in force, the participant may, by written notice given to the Secretary, request the Secretary to vary the plan.

             (2)  The participant must set out the proposed variation in the notice.

             (3)  The notice must include:

                     (a)  if the Secretary has established a port security zone or zones under subsection 102(1) within the area covered by the plan, and the participant proposes that such a zone be changed—a map that shows the proposed change; and

                     (b)  if:

                              (i)  the Secretary has established a port security zone or zones under subsection 102(1) within the area covered by the plan; and

                             (ii)  the participant proposes that the Secretary should establish an additional port security zone within that area or revoke the establishment of an existing port security zone within that area;

                            a map that shows the zones that would be established within that area if the proposal were accepted.

          (3A)  The notice must be prepared in accordance with any requirements set out in the regulations.

             (4)  If the Secretary is satisfied that the plan, as varied, would continue to adequately address the relevant requirements under Division 4, the Secretary must:

                     (a)  approve the variation; and

                     (b)  give the participant written notice of the approval.

             (5)  If the Secretary is not satisfied that the plan, as varied, would continue to adequately address the relevant requirements under Division 4, the Secretary must:

                     (a)  refuse to approve the variation; and

                     (b)  give the participant written notice of the refusal including reasons for the refusal.

             (6)  In determining whether the plan, as varied, would continue to adequately address the relevant requirements under Division 4, the Secretary may take account of existing circumstances as they relate to maritime transport, and offshore facility, security.

Failure to approve variation within consideration period

             (7)  If:

                     (a)  a maritime industry participant gives the Secretary a notice requesting the Secretary to vary a maritime security plan; and

                     (b)  the Secretary does not approve, or refuse to approve, the variation within the consideration period;

the Secretary is taken to have refused to approve the variation.

Note:          A maritime industry participant may apply to the Administrative Appeals Tribunal for review of a decision to refuse to approve a variation under subsection (5) or (7): see section 201.

Secretary may request further information

             (8)  The Secretary may, by written notice given to the participant within the consideration period, request the participant to give the Secretary specified information relevant to the approval of the variation.

             (9)  The notice must specify a period of not more than 45 days within which the information must be given. However, if more than one notice is given to the participant under subsection (8), the total of the periods specified in the notices must not exceed 45 days.

Consideration period

           (10)  The consideration period is the period of 60 days commencing on the day on which the notice under subsection (1) requesting the variation was received by the Secretary, extended, in relation to each notice already given under subsection (8), by a number of days equal to the number of days falling within the period:

                     (a)  commencing on the day on which the notice under subsection (8) was given; and

                     (b)  ending on:

                              (i)  the day on which the information requested in that notice was received by the Secretary; or

                             (ii)  if the information is not given within the period specified in that notice—the last day of that period.

53  Secretary may direct variations of maritime security plans

             (1)  If:

                     (a)  a maritime security plan for a maritime industry participant is in force; and

                     (b)  the Secretary is no longer satisfied that the plan adequately addresses the relevant requirements under Division 4;

the Secretary may, by written notice given to the participant, direct the participant to vary the plan.

             (2)  However, the Secretary must not give a direction under subsection (1) unless the Secretary is satisfied that the plan, as varied, would adequately address the relevant requirements under Division 4.

             (3)  In the notice, the Secretary must:

                     (a)  set out the variation; and

                     (b)  specify the period within which the participant must give the Secretary the plan as varied.

             (4)  If the participant does not give the Secretary the plan:

                     (a)  varied in accordance with the direction; and

                     (b)  within the specified period, or within any further period allowed by the Secretary;

the Secretary must, by written notice given to the participant, cancel the approval of the plan.

54  Participants may revise maritime security plans

             (1)  If a maritime security plan for a maritime industry participant (the existing plan) is in force, the participant may, by written notice given to the Secretary, request the Secretary to approve another maritime security plan (the revised plan) in its place.

             (2)  The notice must be accompanied by a copy of the revised plan.

             (3)  If a request is made in accordance with this section, sections 51 and 52 apply in relation to the revised plan.

             (4)  If the revised plan comes into force, it replaces the existing plan.

55  Secretary may direct participants to revise maritime security plans

             (1)  If:

                     (a)  a maritime security plan for a maritime industry participant (the existing plan) is in force; and

                     (b)  the Secretary is no longer satisfied that the existing plan adequately addresses the relevant requirements under Division 4:

                              (i)  because there is a change in the circumstances that relate to maritime transport, or offshore facility, security; or

                             (ii)  because there is a change in circumstances that could impact on maritime transport, or offshore facility, security; or

                            (iii)  for some other reason;

the Secretary may, by written notice given to the participant, direct the participant to give the Secretary another maritime security plan (the revised plan).

             (2)  The notice must specify the period within which the revised plan must be given.

          (2A)  If the participant gives the Secretary the revised plan within the specified period, or within any further period allowed by the Secretary, sections 51 and 52 apply in relation to the revised plan.

             (3)  If the participant does not give the Secretary the revised plan within the specified period, or within any further period allowed by the Secretary, the Secretary must, by written notice given to the participant, cancel the approval of the existing plan.

             (4)  If the revised plan comes into force, it replaces the existing plan.

57  Cancelling inadequate maritime security plans

                   If:

                     (a)  a maritime security plan for a maritime industry participant is in force; and

                     (b)  the Secretary is no longer satisfied that the plan adequately addresses the relevant requirements under Division 4; and

                     (c)  the Secretary is satisfied that it is not appropriate to direct the participant to:

                              (i)  vary the plan under section 53; or

                             (ii)  revise the plan under section 55;

the Secretary must, by written notice given to the participant, cancel the approval of the plan.

58  Cancelling for failure to comply with maritime security plans

             (1)  If:

                     (a)  a maritime security plan for a maritime industry participant is in force; and

                     (b)  the participant has accumulated the number of demerit points prescribed by the regulations as the number necessary for the Secretary to be able to cancel the approval of the plan;

the Secretary may, by written notice given to the participant, cancel the approval of the plan.

Note:          For the demerit points system, see Division 6 of Part 11.

             (2)  Before cancelling the approval of a plan under subsection (1), the Secretary may, by written notice given to the participant, request the participant to show cause why the approval of the plan should not be cancelled.

59  Cancelling maritime security plans on request

                   If:

                     (a)  a maritime security plan for a maritime industry participant is in force; and

                     (b)  the participant makes a written request to the Secretary for the approval of the plan to be cancelled;

the Secretary must, by written notice given to the participant, cancel the approval of the plan.

Part 4Ship security plans and ISSCs for regulated Australian ships

Division 1Simplified overview of Part

60  Simplified overview of Part

Ship security plans identify the security measures to be implemented by ships when different maritime security levels are in force.

Regulated Australian ships are required to have, and comply with, ship security plans. This is dealt with in Division 2.

Various other ships and persons are required to comply with ship security plans. This is dealt with in Division 3.

The content and form of ship security plans is dealt with in Division 4.

The approval of ship security plans by the Secretary is dealt with in Division 5. That Division also deals with the variation and revision of plans, and with the cancellation of the approval of plans.

Regulated Australian ships are also required to have an ISSC (International Ship Security Certificate). Division 6 provides for the Secretary to issue ISSCs and interim ISSCs for those ships.

Division 7 allows the Secretary to delegate his or her powers under this Part to registered security organisations.

Division 2Ships required to have ship security plans

61  Which ships must have ship security plans

                   A regulated Australian ship must have a ship security plan.

Note:          Obligations on regulated foreign ships are set out in Division 2 of Part 5.

61A  Exemptions

             (1)  The ship operator for a regulated Australian ship may apply to the Secretary for the ship to be exempt from the operation of this Division.

             (2)  The application must be in accordance with any requirements prescribed by the regulations. The regulations may prescribe requirements in relation to the form and content of the application, and the way in which the application is made.

             (3)  In deciding whether to grant the exemption, the Secretary must consider the matters prescribed by the regulations for the purposes of this subsection. The Secretary may consider any other matters that the Secretary considers appropriate.

Secretary’s decision

             (4)  If an application is made to the Secretary, the Secretary must:

                     (a)  exempt the ship from the operation of this Division in the circumstances specified in the exemption; or

                     (b)  refuse to grant an exemption.

Grant of exemption

             (5)  If the Secretary grants an exemption, the Secretary must give the ship operator a copy of the exemption.

             (6)  An exemption under this section has effect according to its terms.

Refusal to grant exemption

             (7)  If the Secretary refuses to grant an exemption, the Secretary must give the ship operator written notice of the refusal (including the reasons for the refusal).

Exemption is not a legislative instrument

             (8)  An exemption under this section is not a legislative instrument.

62  Offence—operating without a ship security plan

             (1)  The ship operator for a regulated Australian ship commits an offence if:

                     (a)  the ship is being used for maritime transport; and

                     (b)  there is no ship security plan in force for the ship.

Penalty:  200 penalty units.

             (2)  Subsection (1) does not apply if the operator has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subsection (1) is an offence of strict liability.

63  Offence—failing to comply with ship security plan

             (1)  The ship operator for a regulated Australian ship commits an offence if:

                     (a)  the ship is being used for maritime transport; and

                     (b)  there is a ship security plan for the ship in force; and

                     (c)  the ship is not operated in accordance with the plan.

Penalty:  200 penalty units.

             (2)  Subsection (1) does not apply if the operator has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subsection (1) is an offence of strict liability.

Division 3Complying with other plans

64  Complying with ship security plans of other ships

             (1)  The operations of a regulated Australian ship must not hinder or obstruct compliance with the ship security plan of another ship.

             (2)  If the operations of a regulated Australian ship (the first regulated ship) hinder or obstruct compliance with the ship security plan of another ship, either or both of the following may be subject to a ship enforcement order (see section 195) or an injunction under section 197:

                     (a)  the ship operator for the first regulated ship;

                     (b)  the master of the first regulated ship.

Note:          Obligations on regulated foreign ships are set out in Division 2 of Part 5.

65  Maritime industry participants must not hinder or obstruct compliance with ship security plans

             (1)  A maritime industry participant must not engage in conduct that hinders or obstructs compliance with the ship security plan of a ship.

             (2)  If a maritime industry participant contravenes subsection (1), the participant does not commit an offence but may be subject to an enforcement order (see section 189) or an injunction under section 197.

Division 4Content and form of ship security plans

66  Content of ship security plans

             (1)  A ship security plan for a regulated Australian ship must:

                     (a)  include a security assessment for the ship; and

                     (b)  set out the security activities or measures to be undertaken or implemented on, or in connection with, the ship for maritime security levels 1, 2 and 3; and

                     (c)  designate, by name or by reference to a position, all security officers responsible for implementing and maintaining the plan; and

                     (d)  make provision for the use of declarations of security; and

                     (e)  demonstrate that the implementation of the plan will make an appropriate contribution towards the achievement of the maritime security outcomes.

Note:          The maritime security outcomes are set out in subsection 3(4).

             (2)  The security assessment under paragraph (1)(a) must:

                     (a)  take into account any documents required in writing by the Secretary to be taken into account; and

                     (b)  address any matters prescribed in the regulations.

67  Prescribed content for ship security plans

                   The regulations may prescribe specific matters that are to be dealt with in one or more of the following:

                     (a)  each ship security plan;

                     (b)  each ship security plan for a particular kind of ship;

                     (c)  each ship security plan for a particular class of a particular kind of ship.

68  Form of ship security plans

                   A ship security plan must be:

                     (a)  in writing; and

                     (b)  prepared in accordance with any requirements set out in the regulations.

Division 5Approving, varying, revising and cancelling ship security plans

69  Providing ship security plans for approval

             (1)  A ship operator for a regulated Australian ship may, by written notice given to the Secretary, request the Secretary to approve a ship security plan for the ship.

             (2)  The notice must be accompanied by a copy of the plan.

70  Approval of ship security plans

             (1)  If the Secretary is satisfied that the plan adequately addresses the relevant requirements under Division 4, the Secretary must:

                     (a)  approve the plan; and

                     (b)  give the ship operator written notice of the approval.

             (2)  If the Secretary is not satisfied that the plan adequately addresses the relevant requirements under Division 4, the Secretary must:

                     (a)  refuse to approve the plan; and

                     (b)  give the ship operator written notice of the refusal including reasons for the refusal.

             (3)  In determining whether the plan adequately addresses the relevant requirements under Division 4, the Secretary may take account of existing circumstances as they relate to maritime transport, and offshore facility, security.

Failure to approve plan within consideration period

             (4)  If:

                     (a)  the ship operator for a regulated Australian ship gives the Secretary a ship security plan for the ship; and

                     (b)  the Secretary does not approve, or refuse to approve, the plan within the consideration period;

the Secretary is taken to have refused to approve the plan.

Note:          A ship operator may apply to the Administrative Appeals Tribunal for review of a decision to refuse to approve a ship security plan under subsection (2) or (4): see section 201.

Secretary may request further information

             (5)  The Secretary may, by written notice given to the ship operator within the consideration period, request the ship operator to give the Secretary specified information relevant to the approval of the plan.

             (6)  The notice must specify a period of not more than 45 days within which the information must be given. However, if more than one notice is given to the ship operator under subsection (5), the total of the periods specified in the notices must not exceed 45 days.

Consideration period

             (7)  The consideration period is the period of 60 days commencing on the day on which the Secretary received the plan, extended, in relation to each notice already given under subsection (5), by a number of days equal to the number of days falling within the period:

                     (a)  commencing on the day on which the notice under subsection (5) was given; and

                     (b)  ending on:

                              (i)  the day on which the information requested in that notice was received by the Secretary; or

                             (ii)  if the information is not given within the period specified in that notice—the last day of that period.

71  When a ship security plan is in force

             (1)  If the Secretary approves the ship security plan, the plan comes into force at the time specified in the notice of approval.

             (2)  However, if:

                     (a)  the time specified in the notice is earlier than the time at which the notice was given; or

                     (b)  no time is specified in the notice as the time when the plan comes into force;

the plan comes into force when the notice is given.

             (3)  The plan remains in force for a period of 5 years or such lesser period as the Secretary specifies in the notice of approval (which must be at least 12 months), unless before the end of that period:

                     (a)  the plan is replaced under subsection 73(4) or 74(4); or

                     (b)  the approval of the plan is cancelled under this Division.

71A  Ship operator may submit variations to ship security plans

             (1)  If a ship security plan for a regulated Australian ship is in force, the ship operator for the ship may, by written notice given to the Secretary, request the Secretary to vary the plan.

             (2)  The ship operator must set out the proposed variation in the notice.

          (2A)  The notice must be prepared in accordance with any requirements set out in the regulations.

             (3)  If the Secretary is satisfied that the plan, as varied, would continue to adequately address the relevant requirements under Division 4, the Secretary must:

                     (a)  approve the variation; and

                     (b)  give the ship operator written notice of the approval.

             (4)  If the Secretary is not satisfied that the plan, as varied, would continue to adequately address the relevant requirements under Division 4, the Secretary must:

                     (a)  refuse to approve the variation; and

                     (b)  give the ship operator written notice of the refusal including reasons for the refusal.

             (5)  In determining whether the plan, as varied, would continue to adequately address the relevant requirements under Division 4, the Secretary may take account of existing circumstances as they relate to maritime transport, and offshore facility, security.

Failure to approve variation within consideration period

             (6)  If:

                     (a)  a ship operator for a regulated Australian ship gives the Secretary a notice requesting the Secretary to vary a ship security plan for the ship; and

                     (b)  the Secretary does not approve, or refuse to approve, the variation within the consideration period;

the Secretary is taken to have refused to approve the variation.

Note:          A ship operator may apply to the Administrative Appeals Tribunal for review of a decision to refuse to approve a variation under subsection (4) or (6): see section 201.

Secretary may request further information

             (7)  The Secretary may, by written notice given to the ship operator within the consideration period, request the ship operator to give the Secretary specified information relevant to the approval of the variation.

             (8)  The notice must specify a period of not more than 45 days within which the information must be given. However, if more than one notice is given to the ship operator under subsection (7), the total of the periods specified in the notices must not exceed 45 days.

Consideration period

             (9)  The consideration period is the period of 60 days commencing on the day on which the notice under subsection (1) requesting the variation was received by the Secretary, extended, in relation to each notice already given under subsection (7), by a number of days equal to the number of days falling within the period:

                     (a)  commencing on the day on which the notice under subsection (7) was given; and

                     (b)  ending on:

                              (i)  the day on which the information requested in that notice was received by the Secretary; or

                             (ii)  if the information is not given within the period specified in that notice—the last day of that period.

72  Secretary may direct variations of ship security plans

             (1)  If:

                     (a)  a ship security plan for a regulated Australian ship is in force; and

                     (b)  the Secretary is no longer satisfied that the plan adequately addresses the relevant requirements under Division 4;

the Secretary may, by written notice given to the ship operator for the ship, direct the ship operator to vary the plan.

             (2)  However, the Secretary must not give a direction under subsection (1) unless the Secretary is satisfied that the plan, as varied, would adequately address the relevant requirements under Division 4.

             (3)  In the notice, the Secretary must:

                     (a)  set out the variation; and

                     (b)  specify the period within which the ship operator must give the Secretary the plan as varied.

             (4)  If the ship operator does not give the Secretary the plan:

                     (a)  varied in accordance with the direction; and

                     (b)  within the specified period, or within any further period allowed by the Secretary;

the Secretary must, by written notice given to the ship operator, cancel the approval of the plan.

73  Ship operator may revise ship security plan

             (1)  If the ship operator for a regulated Australian ship has given the Secretary a ship security plan for the ship, the ship operator may, by written notice given to the Secretary, request the Secretary to approve another ship security plan for the ship (the revised plan).

             (2)  The notice must be accompanied by a copy of the revised plan.

             (3)  If a request is made in accordance with this section, sections 70 and 71 apply in relation to the revised plan.

             (4)  If the revised plan comes into force, it replaces any other plan for the ship in force at that time.

74  Secretary may direct operator to revise ship security plan

             (1)  If:

                     (a)  a ship security plan for a regulated Australian ship (the existing plan) is in force; and

                     (b)  the Secretary is no longer satisfied that the existing plan adequately addresses the relevant requirements under Division 4:

                              (i)  because there is a change in the circumstances that relate to maritime transport, or offshore facility, security; or

                             (ii)  because there is a change in circumstances that could impact on maritime transport, or offshore facility, security; or

                            (iii)  for some other reason;

the Secretary may, by written notice given to the ship operator for the ship, direct the ship operator to give the Secretary another plan for the ship (the revised plan).

             (2)  The notice must specify the period within which the revised plan must be given.

          (2A)  If the ship operator gives the Secretary the revised plan within the specified period, or within any further period allowed by the Secretary, sections 70 and 71 apply in relation to the revised plan.

             (3)  If the ship operator does not give the Secretary the revised plan within the specified period, or within any further period allowed by the Secretary, the Secretary must, by written notice given to the ship operator, cancel the approval of the existing plan.

             (4)  If the revised plan comes into force, it replaces any other plan for the ship in force at that time.

76  Cancelling inadequate ship security plans

                   If:

                     (a)  a ship security plan for a regulated Australian ship is in force; and

                     (b)  the Secretary is no longer satisfied that the plan adequately addresses the relevant requirements under Division 4; and

                     (c)  the Secretary is satisfied that it is not appropriate to direct the ship operator for the ship to:

                              (i)  vary the plan under section 72; or

                             (ii)  revise the plan under section 74;

the Secretary must, by written notice given to the ship operator, cancel the approval of the plan.

77  Cancelling for failure to comply with ship security plan

             (1)  If:

                     (a)  a ship security plan for a regulated Australian ship is in force; and

                     (b)  the number of demerit points prescribed by the regulations as the number necessary for the Secretary to be able to cancel the approval of the plan has been accumulated in respect of the ship;

the Secretary may, by written notice given to the ship operator for the ship, cancel the approval of the plan.

Note:          For the demerit points system, see Division 6 of Part 11.

             (2)  Before cancelling the approval of a plan under subsection (1), the Secretary may, by written notice given to the ship operator, request the ship operator to show cause why the approval of the plan should not be cancelled.

78  Cancelling ship security plans on request

                   If:

                     (a)  a ship security plan for a regulated Australian ship is in force; and

                     (b)  the ship operator for the ship makes a written request to the Secretary for the approval of the plan to be cancelled;

the Secretary must, by written notice given to the ship operator, cancel the approval of the plan.

Division 6International ship security certificates

79  Regulated Australian ship to have ISSC

                   A regulated Australian ship must have an ISSC.

79A  Exemptions

             (1)  The ship operator for a regulated Australian ship may apply to the Secretary for the ship to be exempt from the operation of this Division.

             (2)  The application must be in accordance with any requirements prescribed by the regulations. The regulations may prescribe requirements in relation to the form and content of the application, and the way in which the application is made.

             (3)  In deciding whether to grant the exemption, the Secretary must consider the matters prescribed by the regulations for the purposes of this subsection. The Secretary may consider any other matters that the Secretary considers appropriate.

Secretary’s decision

             (4)  If an application is made to the Secretary, the Secretary must:

                     (a)  exempt the ship from the operation of this Division in the circumstances specified in the exemption; or

                     (b)  refuse to grant an exemption.

Grant of exemption

             (5)  If the Secretary grants an exemption, the Secretary must give the ship operator a copy of the exemption.

             (6)  An exemption under this section has effect according to its terms.

Refusal to grant exemption

             (7)  If the Secretary refuses to grant an exemption, the Secretary must give the ship operator written notice of the refusal (including the reasons for the refusal).

Exemption is not a legislative instrument

             (8)  An exemption under this section is not a legislative instrument.

80  Offence—operating without an ISSC

             (1)  The ship operator for a regulated Australian ship commits an offence if:

                     (a)  the ship is being used for maritime transport; and

                     (b)  there is no ISSC or interim ISSC in force for the ship.

Penalty:  200 penalty units.

             (2)  Subsection (1) does not apply if the ship operator has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subsection (1) is an offence of strict liability.

81  Applying for an ISSC

             (1)  The ship operator for a regulated Australian ship may apply to the Secretary for an ISSC for the ship.

             (2)  The application must be in accordance with any requirements prescribed in the regulations. The regulations may prescribe requirements in relation to the form and content of the application, and the way in which the application is made.

82  Conditions for giving an ISSC

                   The Secretary must give a ship operator an ISSC for a regulated Australian ship if:

                     (a)  the ship operator has applied for an ISSC for the ship; and

                     (b)  there is a ship security plan in force for the ship; and

                     (c)  the ship is ISSC verified.

83  ISSC verification

             (1)  A regulated Australian ship is ISSC verified if:

                     (a)  a maritime security inspector has inspected the ship; and

                     (b)  the maritime security inspector has verified that the ship meets the requirements determined in writing by the Secretary; and

                     (c)  the period, determined in writing by the Secretary, within which the ship must be next inspected has not ended.

Note:          Sections 138 and 139 set out the inspection powers of maritime security inspectors in relation to regulated Australian ships.

             (2)  In making a determination under subsection (1), the Secretary must have regard to the obligations set out in the ISPS Code.

             (3)  If:

                     (a)  there is an ISSC in force for a regulated Australian ship; and

                     (b)  a maritime security inspector inspects the ship; and

                     (c)  the inspector finds that the ship does not meet the requirements determined under paragraph (1)(b); and

                     (d)  the ship does not meet those requirements within any period allowed in writing by the inspector;

the ship is no longer ISSC verified.

84  When an ISSC is in force

                   If the Secretary gives an ISSC to the ship operator for a regulated Australian ship, the ISSC comes into force when it is given and remains in force until any of the following occurs:

                     (a)  the Secretary cancels the ISSC;

                     (b)  the ship operator is no longer the ship operator for the ship;

                     (c)  the period of 5 years after the ISSC is given expires.

85  Cancelling ISSCs

                   The Secretary must, by written notice given to the ship operator for a regulated Australian ship, cancel the ISSC for the ship if either of the following occurs:

                     (a)  there is no longer a ship security plan in force for the ship;

                     (b)  the ship is no longer ISSC verified.

86  Interim ISSCs

             (1)  If:

                     (a)  the ship operator for a regulated Australian ship has applied to the Secretary for an ISSC for the ship; and

                     (b)  there is a ship security plan in force for the ship; and

                     (c)  the ship is not ISSC verified; and

                     (d)  the Secretary reasonably believes that, were the ship to be inspected as mentioned in subsection 83(1), the ship would be ISSC verified;

the Secretary may give the ship operator an interim ISSC for the ship.

             (2)  If:

                     (a)  the Secretary has given a ship operator an ISSC for a regulated Australian ship; and

                     (b)  while the ISSC is in force, another ship operator becomes the ship operator for the ship;

the Secretary may give the other ship operator an interim ISSC for the ship.

             (3)  An interim ISSC is in force for the period, not exceeding 6 months, specified in the interim ISSC.

87  Offence—false or misleading statements in relation to having an ISSC

             (1)  The master of a regulated Australian ship commits an offence if:

                     (a)  the master makes a statement (whether orally, in a document or in any other way); and

                     (b)  the master does so knowing that the statement:

                              (i)  is false or misleading; or

                             (ii)  omits any matter or thing without which the statement is misleading; and

                     (c)  the statement is made in connection with whether an ISSC or interim ISSC is in force for the ship; and

                     (d)  any of the following subparagraphs applies:

                              (i)  the statement is made to a maritime industry participant;

                             (ii)  the statement is made to a person who is authorised by a Contracting state to the SOLAS Convention to request information about, or in connection with, whether a valid ISSC or interim ISSC is in force for the ship;

                            (iii)  the statement is made to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;

                            (iv)  the statement is made in compliance or purported compliance with a law of the Commonwealth.

Penalty:  50 penalty units.

             (2)  Absolute liability applies to each of the subparagraph (1)(d)(i), (ii), (iii) and (iv) elements of the offence.

             (3)  Subsection (1) does not apply as a result of subparagraph (1)(b)(i) if the statement is not false or misleading in a material particular.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

             (4)  Subsection (1) does not apply as a result of subparagraph (1)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

Division 7Recognised security organisations

88  Secretary may delegate powers and functions under this Part

             (1)  The Secretary may, by writing, delegate all or any of his or her powers and functions under Part 4 to a person who:

                     (a)  satisfies the criteria prescribed in the regulations; and

                     (b)  is engaged by a recognised security organisation.

             (2)  The Secretary may determine, in writing, that an organisation is a recognised security organisation.

             (3)  In exercising powers or functions delegated under subsection (1), the delegate must comply with any directions of the Secretary.

89  Recognised security organisations may conduct ISSC inspections

             (1)  The Secretary may, by writing, authorise a person to whom powers and functions can be delegated under subsection 88(1) to conduct inspections of ships for the purposes of verifying that ships meet the requirements necessary for ISSC verification.

             (2)  If a person authorised under subsection (1) conducts a ship inspection, the person is taken to be a maritime security inspector for the purposes of subsection 83(1).

Part 5Regulated foreign ships

Division 1Simplified overview of Part

90  Simplified overview of Part

Division 2 sets out requirements to be met by regulated foreign ships and requires the ship operators for, and the masters of, those ships to acknowledge certain communications.

Division 3 provides for the Secretary to give control directions to regulated foreign ships to ensure that security standards are maintained.

Division 2Obligations on regulated foreign ships

91  Regulated foreign ships must have ISSCs

             (1)  The ship operator for a regulated foreign ship must:

                     (a)  have a valid ISSC, or an approved ISSC equivalent, for the ship; and

                     (b)  ensure that the ship carries the required ship security records.

Note:          A ship is only a regulated foreign ship when it is in Australian waters: see section 17.

             (2)  If the ship operator for a regulated foreign ship contravenes subsection (1), the ship operator or the master of the ship may be given a control direction under Division 3.

             (3)  An approved ISSC equivalent is a kind of certification approved in writing by the Secretary as an alternative to an ISSC.

             (4)  This section does not apply in relation to a ship of a kind prescribed by the regulations for the purposes of this subsection.

92  Regulated foreign ships must provide pre‑arrival information

             (1)  The master of a regulated foreign ship, or a ship intending to enter Australian waters that would, once it had done so, be a regulated foreign ship, must provide pre‑arrival information in accordance with the regulations.

             (2)  The regulations may prescribe:

                     (a)  the person or persons to whom pre‑arrival information must be given; and

                     (b)  the circumstances in which pre‑arrival information must be given; and

                     (c)  the form and manner in which pre‑arrival information must be given.

             (3)  Pre‑arrival information is information of a kind prescribed in the regulations that must be provided by a ship before the ship enters one or more of the following:

                     (a)  Australian waters;

                     (b)  a security regulated port;

                     (c)  a maritime security zone within a security regulated port;

                     (d)  a port that is not a security regulated port.

             (4)  The regulations may provide that different pre‑arrival information is to be provided before entering different places or areas as mentioned in paragraphs (3)(a) to (d).

             (5)  If the master of a ship contravenes subsection (1), the master or the ship operator for the ship may be given a control direction under Division 3.

93  Regulated foreign ships must allow inspections etc.

             (1)  The master of a regulated foreign ship must allow a maritime security inspector to board and inspect the ship in accordance with Division 2 of Part 8.

Note:          A ship is only a regulated foreign ship when it is in Australian waters: see section 17.

             (2)  The master of a regulated foreign ship must provide a maritime security inspector with any ship security records kept on the ship when requested by the maritime security inspector to do so.

             (3)  If the master of a ship contravenes subsection (1) or (2), the master or the ship operator for the ship may be given a control direction under Division 3.

94  Regulated foreign ships must comply with security levels

             (1)  This section sets out security measures that must be implemented by a regulated foreign ship.

Note:          A ship is only a regulated foreign ship when it is in Australian waters: see section 17.

             (2)  Unless subsections (3) to (7) provide otherwise, the ship must, at all times, implement ISPS level 1 measures.

             (3)  If maritime security level 2 is in force for the ship because the ship is in a security regulated port where maritime security level 2 is in force (see section 24), the ship must implement ISPS level 2 measures.

             (4)  If maritime security level 3 is in force for the ship because the ship is in a security regulated port where maritime security level 3 is in force (see section 24), the ship must implement ISPS level 3 measures.

             (5)  If the Secretary declares under subsection 22(2) that maritime security level 2 is in force for the ship, the ship must implement ISPS level 2 measures.

             (6)  If the Secretary declares under subsection 22(2) that maritime security level 3 is in force for the ship, the ship must implement ISPS level 3 measures.

             (7)  If:

                     (a)  the ship is registered in another country (the flag state); and

                     (b)  the ship is directed by the flag state to implement a higher level of security than would otherwise apply under this section;

the ship must comply with the direction.

             (8)  If a regulated foreign ship does not implement security measures in accordance with subsections (2) to (7), the ship operator for, or the master of, the ship may be given a control direction under Division 3.

95  Meaning of ISPS level 1, 2 and 3 measures

             (1)  ISPS level 1 measures are the measures that should, under the ISPS Code, be implemented when maritime security level 1 is in force.

             (2)  ISPS level 2 measures are the measures that should, under the ISPS Code, be implemented when maritime security level 2 is in force.

             (3)  ISPS level 3 measures are the measures that should, under the ISPS Code, be implemented when maritime security level 3 is in force.

96  Regulated foreign ships must comply with security directions

             (1)  If the Secretary gives a security direction to a regulated foreign ship under section 36, the ship must comply with the direction.

Note:          A ship is only a regulated foreign ship when it is in Australian waters: see section 17.

             (2)  If a regulated foreign ship does not comply with a security direction, the ship operator for, or the master of, the ship may be given a control direction under Division 3.

Note:          In addition, the ship operator for, or the master of, a security regulated ship may commit an offence if the ship fails to comply with a security direction: see subsection 39(1).

97  Complying with maritime, ship and offshore security plans

             (1)  The operations of a regulated foreign ship must not hinder or obstruct compliance with the maritime security plan of a maritime industry participant in a way that compromises the security of the operations of the participant.

             (2)  The operations of a regulated foreign ship must not hinder or obstruct compliance with the ship security plan of a regulated Australian ship in a way that compromises the security of the regulated Australian ship.

          (2A)  The operations of a regulated foreign ship must not hinder or obstruct compliance with the offshore security plan of an offshore industry participant in a way that compromises the security of the operations of the participant.

             (3)  If the operations of a regulated foreign ship compromise the security of:

                     (a)  the operations of a maritime industry participant; or

                     (b)  a ship;

as mentioned in subsection (1), (2) or (2A), the ship operator for, or the master of, the regulated foreign ship may be given a control direction under Division 3.

98  Acknowledging level notifications and directions

Masters of ships

             (1)  The master of a regulated foreign ship commits an offence if:

                     (a)  the master is notified by the Secretary or a port operator that maritime security level 2 or 3 is in force for the ship; and

                     (b)  the master fails to acknowledge the notification to the Secretary.

Penalty:  25 penalty units.

          (1A)  The master of a regulated foreign ship commits an offence if:

                     (a)  the master is notified by an offshore facility operator that maritime security level 2 or 3 is in force for the facility; and

                     (b)  section 24A applies to the ship so that the maritime security level in force for the facility is also in force for the ship; and

                     (c)  the master fails to acknowledge the notification to the Secretary.

Penalty:  25 penalty units.

             (2)  The master of a regulated foreign ship commits an offence if:

                     (a)  the master is given:

                              (i)  a security direction by the Secretary that relates to the operations of the ship; or

                             (ii)  a control direction that relates to the ship; and

                     (b)  the master fails to acknowledge the direction to the Secretary.

Penalty:  25 penalty units.

Ship operators

             (3)  The ship operator for a regulated foreign ship commits an offence if:

                     (a)  the ship operator is notified by the Secretary that maritime security level 2 or 3 is in force for the ship; and

                     (b)  the ship operator fails to acknowledge the notification to the Secretary.

Penalty:  100 penalty units.

             (4)  The ship operator for a regulated foreign ship commits an offence if:

                     (a)  the ship operator is given:

                              (i)  a security direction by the Secretary that relates to the operations of the ship; or

                             (ii)  a control direction that relates to the ship; and

                     (b)  the ship operator fails to acknowledge the direction to the Secretary.

Penalty:  100 penalty units.

             (5)  Subsections (1) to (4) are offences of strict liability.

Division 3Control directions

99  Secretary may give control directions

             (1)  The Secretary may give a direction to:

                     (a)  the ship operator for a regulated foreign ship; or

                     (b)  the master of the ship;

requiring the ship operator or master to take specified action, or refrain from taking specified action, in relation to the ship.

             (2)  A direction under subsection (1) is a control direction.

             (3)  However, the Secretary must not give a control direction unless the direction is:

                     (a)  necessary for ensuring compliance with Division 2 of this Part; or

                     (b)  a direction of a kind that can be given, under Chapter XI‑2 of the SOLAS Convention or the ISPS Code, by a port state to a foreign flagged ship.

             (4)  The action that a ship operator or master may be directed to take under subsection (1) includes, but is not limited to, the following:

                     (a)  removing the ship from Australian waters;

                     (b)  removing the ship from a security regulated port;

                     (c)  moving the ship within a security regulated port;

                    (ca)  removing the ship from an offshore security zone;

                   (cb)  if the ship is located in the vicinity of a security regulated offshore facility and is engaged in any activity in relation to the facility—removing the ship from the vicinity of the facility;

                     (d)  holding the ship in a particular position for a specified period or until a specified event occurs;

                     (e)  taking particular actions, or ensuring that particular actions are taken, on board the ship;

                      (f)  allowing a maritime security inspector on board the ship to inspect the ship or ship security records carried by the ship.

             (5)  A control direction has no effect until the Secretary commits the direction to writing.

Note:          This requires the Secretary to have a written record of a direction that is given orally.

             (6)  The direction must not require the payment of money to the Secretary (or any other person) other than an amount of money that is already recoverable at law.

             (7)  The regulations may prescribe requirements for, or in relation to, the giving of control directions.

100  Enforcing control directions

             (1)  The ship operator for a regulated foreign ship must not engage in conduct that contravenes a control direction that relates to the ship.

             (2)  If a ship operator contravenes subsection (1), the ship operator may be subject to an injunction under section 197.

             (3)  The master of a regulated foreign ship must not engage in conduct that contravenes a control direction that relates to the ship.

             (4)  If the master of a ship contravenes subsection (3), the master may be subject to an injunction under section 197.

Part 5AOffshore security plans

Division 1Simplified overview of Part

100A  Simplified overview of Part

Offshore security plans identify security measures to be implemented when different maritime security levels are in force.

Various offshore industry participants are required to have, and comply with, offshore security plans.

Various other persons and ships are required to comply with offshore security plans. This is dealt with in Division 3.

The content and form of offshore security plans is dealt with in Division 4.

The approval of offshore security plans by the Secretary is dealt with in Division 5. That Division also deals with the variation and revision of plans, and with the cancellation of the approval of plans.

Division 2Offshore industry participants required to have offshore security plans

100B  Who must have offshore security plans

             (1)  The following offshore industry participants are required to have an offshore security plan:

                     (a)  an offshore facility operator;

                     (b)  a participant of a kind prescribed in the regulations;

                     (c)  a particular participant prescribed in the regulations.

             (2)  The Secretary may, by written notice given to an offshore industry participant, permit the participant to have more than one offshore security plan.

             (3)  The notice must specify the operations or locations to be covered by each plan.

             (4)  If the participant has more than one plan, the participant is required to have all of the plans specified in the notice.

100C  Offence—operating without an offshore security plan

             (1)  An offshore industry participant commits an offence if:

                     (a)  the participant is required under section 100B to have an offshore security plan; and

                     (b)  there is not such a plan in force for the participant.

Penalty:  For an offshore facility operator—200 penalty units.

              For any other offshore industry participant—100 penalty units.

             (2)  Subsection (1) does not apply if the participant has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subsection (1) is an offence of strict liability.

100D  Offence—failing to comply with offshore security plan

             (1)  An offshore industry participant commits an offence if:

                     (a)  the participant is required under section 100B to have an offshore security plan; and

                     (b)  there is such a plan for the participant in force; and

                     (c)  the participant fails to comply with the plan.

Penalty:  For an offshore facility operator—200 penalty units.

              For any other offshore industry participant—100 penalty units.

             (2)  Subsection (1) does not apply if the participant has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subsection (1) is an offence of strict liability.

Division 3Complying with other plans

100E  Complying with offshore security plans of offshore industry participants

             (1)  A maritime industry participant must not engage in conduct that hinders or obstructs compliance with an offshore security plan of an offshore industry participant.

             (2)  If:

                     (a)  an offshore security plan (the covering plan) for an offshore industry participant covers the activities of another offshore industry participant; and

                     (b)  the other participant:

                              (i)  is not required to have an offshore security plan; and

                             (ii)  has been given the relevant parts of the covering plan;

the other offshore industry participant must take all reasonable steps to comply with the covering plan.

             (3)  If:

                     (a)  an offshore security plan (the covering plan) for an offshore industry participant covers the activities of another offshore industry participant; and

                     (b)  the other participant:

                              (i)  is required to have an offshore security plan; and

                             (ii)  has been given the relevant parts of the covering plan; and

                            (iii)  has agreed in writing to those activities being covered by the covering plan;

the other offshore industry participant must take all reasonable steps to comply with the covering plan.

             (4)  If a maritime industry participant contravenes subsection (1), (2) or (3), the participant does not commit an offence but may be subject to an enforcement order (see section 189) or an injunction under section 197.

100F  Regulated Australian ships must not hinder or obstruct compliance with offshore security plans

             (1)  The operations of a regulated Australian ship must not hinder or obstruct compliance with an offshore security plan.

             (2)  If the operations of a regulated Australian ship hinder or obstruct compliance with an offshore security plan, either or both of the following may be subject to a ship enforcement order (see section 195) or an injunction under section 197:

                     (a)  the ship operator for the ship;

                     (b)  the master of the ship.

Note:          Obligations on regulated foreign ships are set out in Division 2 of Part 5.

Division 4Content and form of offshore security plans

100G  Content of offshore security plans

             (1)  An offshore security plan for an offshore industry participant must:

                     (a)  include a security assessment for:

                              (i)  the participant’s operation; or

                             (ii)  if the participant has more than one offshore security plan—the operations or locations covered by the plan; and

                     (b)  set out the security activities or measures to be undertaken or implemented by the participant under the plan for maritime security levels 1, 2 and 3; and

                     (c)  designate, by name or by reference to a position, all security officers responsible for implementing and maintaining the plan; and

                     (d)  make provision for the use of declarations of security; and

                     (e)  demonstrate that the implementation of the plan will make an appropriate contribution towards the achievement of maritime security outcomes; and

                      (f)  complement, to the fullest extent possible, the occupational health and safety requirements under the laws of the Commonwealth, a State or Territory applying at the facility.

Note:          The maritime security outcomes are set out in subsection 3(4).

             (2)  The security assessment under paragraph (1)(a) must:

                     (a)  take into account any documents required in writing by the Secretary to be taken into account; and

                     (b)  address any matters prescribed in the regulations.

100H  Prescribed content for offshore security plans

                   The regulations may prescribe specific matters that are to be dealt with in one or more of the following:

                     (a)  each offshore security plan;

                     (b)  each offshore security plan for a particular kind of offshore industry participant;

                     (c)  each offshore security plan for a particular class of a particular kind of offshore industry participant.

100I  Form of offshore security plans

             (1)  An offshore security plan must be:

                     (a)  in writing; and

                     (b)  prepared in accordance with any requirements set out in the regulations.

             (2)  An offshore security plan must include:

                     (a)  information on the location of each offshore facility to which the plan relates; and

                     (b)  if the Secretary has not established any offshore security zones under subsection 113A(1) within or around an offshore facility to which the plan relates, and the participant proposes that the Secretary should establish such a zone or zones within or around such a facility—information on each proposed zone; and

                     (c)  if the Secretary has established an offshore security zone or zones under subsection 113A(1) within or around an offshore facility to which the plan relates:

                              (i)  information on each such zone; and

                             (ii)  if the participant proposes that such a zone be changed—information on the proposed change; and

                            (iii)  if the participant proposes that the Secretary should establish an additional offshore security zone, or revoke the establishment of an existing offshore security zone, within or around the facility—information on the zones within or around the facility if the proposal were accepted.

Division 5Approving, varying, revising and cancelling offshore security plans

100J  Providing offshore security plans for approval

             (1)  An offshore industry participant may, by written notice given to the Secretary, request the Secretary to approve an offshore security plan for the participant.

             (2)  The notice must be accompanied by a copy of the plan.

100K  Approval of offshore security plans

             (1)  If the Secretary is satisfied that the plan adequately addresses the relevant requirements under Division 4, the Secretary must:

                     (a)  approve the plan; and

                     (b)  give the participant written notice of the approval.

             (2)  If the Secretary is not satisfied that the plan adequately addresses the relevant requirements under Division 4, the Secretary must:

                     (a)  refuse to approve the plan; and

                     (b)  give the participant written notice of the refusal including reasons for the refusal.

             (3)  In determining whether the plan adequately addresses the relevant requirements under Division 4, the Secretary may take account of existing circumstances as they relate to the security of maritime transport and offshore facilities.

Failure to approve plan within consideration period

             (4)  If:

                     (a)  an offshore industry participant gives the Secretary an offshore security plan; and

                     (b)  the Secretary does not approve, or refuse to approve, the plan within the consideration period;

the Secretary is taken to have refused to approve the plan.

Note:          An offshore industry participant may apply to the Administrative Appeals Tribunal for review of a decision to refuse to approve an offshore security plan under subsection (2) or (4): see section 201.

Secretary may request further information

             (5)  The Secretary may, by written notice given to the participant within the consideration period, request the participant to give the Secretary specified information relevant to the approval of the plan.

             (6)  The notice must specify a period of not more than 45 days within which the information must be given. However, if more than one notice is given to the participant under subsection (5), the total of the periods specified in the notices must not exceed 45 days.

Consideration period

             (7)  The consideration period is the period of 60 days commencing on the day on which the Secretary received the plan, extended, in relation to each notice already given under subsection (5), by a number of days equal to the number of days falling within the period:

                     (a)  commencing on the day on which the notice under subsection (5) was given; and

                     (b)  ending on:

                              (i)  the day on which the information requested in that notice was received by the Secretary; or

                             (ii)  if the information is not given within the period specified in that notice—the last day of that period.

100L  When an offshore security plan is in force

             (1)  If the Secretary approves the offshore security plan, the plan comes into force at the time specified in the notice of approval.

             (2)  However, if:

                     (a)  the time specified in the notice is earlier than the time at which the notice was given; or

                     (b)  no time is specified in the notice as the time when the plan comes into force;

the plan comes into force when the notice is given.

             (3)  The plan remains in force for a period of 5 years or such lesser period as the Secretary specifies in the notice of approval (which must be at least 12 months), unless before the end of that period:

                     (a)  the plan is replaced under subsection 100N(4) or 100O(4); or

                     (b)  the approval of the plan is cancelled under this Division.

100LA  Offshore industry participant may submit variations to offshore security plans

             (1)  If an offshore security plan for an offshore industry participant is in force, the participant may, by written notice given to the Secretary, request the Secretary to vary the plan.

             (2)  The participant must set out the proposed variation in the notice.

             (3)  The notice must include:

                     (a)  if the Secretary has established an offshore security zone or zones under subsection 113A(1) within or around an offshore facility to which the plan relates, and the participant proposes that such a zone be changed—information on the proposed change; and

                     (b)  if:

                              (i)  the Secretary has established an offshore security zone or zones under subsection 113A(1) within or around an offshore facility to which the plan relates; and

                             (ii)  the participant proposes that the Secretary should establish an additional offshore security zone, or revoke the establishment of an existing offshore security zone, within or around the facility;

                            information on the zones within or around the facility if the proposal were accepted.

          (3A)  The notice must be prepared in accordance with any requirements set out in the regulations.

             (4)  If the Secretary is satisfied that the plan, as varied, would continue to adequately address the relevant requirements under Division 4, the Secretary must:

                     (a)  approve the variation; and

                     (b)  give the participant written notice of the approval.

             (5)  If the Secretary is not satisfied that the plan, as varied, would continue to adequately address the relevant requirements under Division 4, the Secretary must:

                     (a)  refuse to approve the variation; and

                     (b)  give the participant written notice of the refusal including reasons for the refusal.

             (6)  In determining whether the plan, as varied, would continue to adequately address the relevant requirements under Division 4, the Secretary may take account of existing circumstances as they relate to the security of maritime transport and offshore facilities.

Failure to approve variation within consideration period

             (7)  If:

                     (a)  an offshore industry participant gives the Secretary a notice requesting the Secretary to vary an offshore security plan; and

                     (b)  the Secretary does not approve, or refuse to approve, the variation within the consideration period;

the Secretary is taken to have refused to approve the variation.

Note:          An offshore industry participant may apply to the Administrative Appeals Tribunal for review of a decision to refuse to approve a variation under subsection (5) or (7): see section 201.

Secretary may request further information

             (8)  The Secretary may, by written notice given to the participant within the consideration period, request the participant to give the Secretary specified information relevant to the approval of the variation.

             (9)  The notice must specify a period of not more than 45 days within which the information must be given. However, if more than one notice is given to the participant under subsection (8), the total of the periods specified in the notices must not exceed 45 days.

Consideration period

           (10)  The consideration period is the period of 60 days commencing on the day on which the notice under subsection (1) requesting the variation was received by the Secretary, extended, in relation to each notice already given under subsection (8), by a number of days equal to the number of days falling within the period:

                     (a)  commencing on the day on which the notice under subsection (8) was given; and

                     (b)  ending on:

                              (i)  the day on which the information requested in that notice was received by the Secretary; or

                             (ii)  if the information is not given within the period specified in that notice—the last day of that period.

100M  Secretary may direct variations of offshore security plans

             (1)  If:

                     (a)  an offshore security plan for an offshore industry participant is in force; and

                     (b)  the Secretary is no longer satisfied that the plan adequately addresses the relevant requirements under Division 4;

the Secretary may, by written notice given to the participant, direct the participant to vary the plan.

             (2)  However, the Secretary must not give a direction under subsection (1) unless the Secretary is satisfied that the plan, as varied, would adequately address the relevant requirements under Division 4.

             (3)  In the notice, the Secretary must:

                     (a)  set out the variation; and

                     (b)  specify the period within which the participant must give the Secretary the plan as varied.

             (4)  If the participant does not give the Secretary the plan:

                     (a)  varied in accordance with the direction; and

                     (b)  within the specified period, or within any further period allowed by the Secretary;

the Secretary must, by written notice given to the participant, cancel the approval of the plan.

100N  Participants may revise offshore security plans

             (1)  If an offshore security plan for an offshore industry participant (the existing plan) is in force, the participant may, by written notice given to the Secretary, request the Secretary to approve another offshore security plan (the revised plan) in its place.

             (2)  The notice must be accompanied by a copy of the revised plan.

             (3)  If a request is made in accordance with this section, sections 100K and 100L apply in relation to the revised plan.

             (4)  If the revised plan comes into force, it replaces the existing plan.

100O  Secretary may direct participants to revise offshore security plans

             (1)  If:

                     (a)  an offshore security plan for an offshore industry participant (the existing plan) is in force; and

                     (b)  the Secretary is no longer satisfied that the existing plan adequately addresses the relevant requirements under Division 4:

                              (i)  because there is a change in circumstances that relate to the security of maritime transport or offshore facilities; or

                             (ii)  because there is a change in circumstances that could impact on the security of maritime transport or offshore facilities; or

                            (iii)  for some other reason;

the Secretary may, by written notice given to the participant, direct the participant to give the Secretary another offshore security plan (the revised plan).

             (2)  The notice must specify the period within which the revised plan must be given.

          (2A)  If the participant gives the Secretary the revised plan within the specified period, or within any further period allowed by the Secretary, sections 100K and 100L apply in relation to the revised plan.

             (3)  If the participant does not give the Secretary the revised plan within the specified period, or within any further period allowed by the Secretary, the Secretary must, by written notice given to the participant, cancel the approval of the existing plan.

             (4)  If the revised plan comes into force, it replaces the existing plan.

100Q  Cancelling inadequate offshore security plans

                   If:

                     (a)  an offshore security plan for an offshore industry participant is in force; and

                     (b)  the Secretary is no longer satisfied that the plan adequately addresses the relevant requirements under Division 4; and

                     (c)  the Secretary is satisfied that it is not appropriate to direct the participant to:

                              (i)  vary the plan under section 100M; or

                             (ii)  revise the plan under section 100O;

the Secretary must, by written notice given to the participant, cancel the approval of the plan.

100R  Cancelling for failure to comply with offshore security plans

             (1)  If:

                     (a)  an offshore security plan for an offshore industry participant is in force; and

                     (b)  the participant has accumulated the number of demerit points prescribed by the regulations as the number necessary for the Secretary to be able to cancel the approval of the plan;

the Secretary may, by written notice given to the participant, cancel the approval of the plan.

Note:          For the demerit points system, see Division 6 of Part 11.

             (2)  Before cancelling the approval of a plan under subsection (1), the Secretary may, by written notice given to the participant, request the participant to show cause why the approval of the plan should not be cancelled.

100S  Cancelling offshore security plans where facility moved

                   If:

                     (a)  an offshore security plan for an offshore industry participant is in force; and

                     (b)  the plan relates, in whole or in part, to a particular offshore facility; and

                     (c)  that facility is moved to a new location for the purpose of extracting petroleum from the seabed or its subsoil at that location;

the Secretary may, by written notice given to the participant, cancel the approval of the plan.

100T  Cancelling offshore security plans on request

                   If:

                     (a)  an offshore security plan for an offshore industry participant is in force; and

                     (b)  the participant makes a written request to the Secretary for the approval of the plan to be cancelled;

the Secretary must, by written notice given to the participant, cancel the approval of the plan.

Part 5BISSC for an Australian ship regulated as an offshore facility

Division 1Simplified overview of Part

100U  Simplified overview of Part

An Australian ship regulated as an offshore facility is required to have an ISSC (International Ship Security Certificate).

Division 2 provides for the Secretary to issue ISSCs and interim ISSCs for those ships.

Division 3 allows the Secretary to delegate his or her powers under this Part to registered security organisations.

Division 2ISSC obligations

100V  Australian ship regulated as an offshore facility to have ISSC

                   An Australian ship regulated as an offshore facility must have an ISSC.

100W  Offence—operating without an ISSC

             (1)  The offshore facility operator for an Australian ship regulated as an offshore facility commits an offence if:

                     (a)  the ship is being used for maritime transport or the extraction of petroleum from the seabed or its subsoil; and

                     (b)  there is no ISSC or interim ISSC in force for the ship.

Penalty:  200 penalty units.

             (2)  Subsection (1) does not apply if the offshore facility operator has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subsection (1) is an offence of strict liability.

100X  Applying for an ISSC

             (1)  The offshore facility operator for an Australian ship regulated as an offshore facility may apply to the Secretary for an ISSC for the ship.

             (2)  The application must be in accordance with any requirements prescribed in the regulations. The regulations may prescribe requirements in relation to the form and content of the application, and the way in which the application is made.

100Y  Conditions for giving an ISSC

                   The Secretary must give an offshore facility operator an ISSC for an Australian ship regulated as an offshore facility if:

                     (a)  the operator has applied for an ISSC for the ship; and

                     (b)  there is an offshore security plan in force for the ship, or the security regulated offshore facility of which the ship forms a part; and

                     (c)  the ship is ISSC verified.

100Z  ISSC verification

             (1)  An Australian ship regulated as an offshore facility is ISSC verified if:

                     (a)  a maritime security inspector has inspected the ship; and

                     (b)  the maritime security inspector has verified that the ship meets the requirements determined in writing by the Secretary; and

                     (c)  the period, determined in writing by the Secretary, within which the ship must be next inspected has not ended.

Note:          Sections 138 and 140A set out the inspection powers of maritime security inspectors in relation to Australian ships regulated as offshore facilities.

             (2)  In making a determination under subsection (1), the Secretary must have regard to the obligations set out in the ISPS Code.

             (3)  If:

                     (a)  there is an ISSC in force for an Australian ship regulated as an offshore facility; and

                     (b)  a maritime security inspector inspects the ship; and

                     (c)  the inspector finds that the ship does not meet the requirements determined under paragraph (1)(b); and

                     (d)  the ship does not meet those requirements within any period allowed in writing by the inspector;

the ship is no longer ISSC verified.

100ZA  When an ISSC is in force

                   If the Secretary gives an ISSC to the offshore facility operator for an Australian ship regulated as an offshore facility, the ISSC comes into force when it is given and remains in force until any of the following occurs:

                     (a)  the Secretary cancels the ISSC;

                     (b)  the offshore facility operator is no longer the offshore facility operator for the ship;

                     (c)  the period of 5 years after the ISSC is given expires.

100ZB  Cancelling ISSCs

                   The Secretary must, by written notice given to the offshore facility operator for an Australian ship regulated as an offshore facility, cancel the ISSC for the ship if either of the following occurs:

                     (a)  there is no longer an offshore security plan in force for the ship, or the security regulated offshore facility of which the ship forms a part;

                     (b)  the ship is no longer ISSC verified.

100ZC  Interim ISSCs

             (1)  If:

                     (a)  the offshore facility operator for an Australian ship regulated as an offshore facility has applied to the Secretary for an ISSC for the ship; and

                     (b)  there is an offshore security plan in force for the ship, or the security regulated offshore facility of which the ship forms a part; and

                     (c)  the ship is not ISSC verified; and

                     (d)  the Secretary reasonably believes that, were the ship to be inspected as mentioned in subsection 100Z(1), the ship would be ISSC verified;

the Secretary may give the operator an interim ISSC for the ship.

             (2)  If:

                     (a)  the Secretary has given an offshore facility operator an ISSC for an Australian ship regulated as an offshore facility; and

                     (b)  while the ISSC is in force, another offshore facility operator becomes the offshore facility operator for the ship;

the Secretary may give the other offshore facility operator an interim ISSC for the ship.

             (3)  An interim ISSC is in force for the period, not exceeding 6 months, specified in the interim ISSC.

100ZD  Offence—false or misleading statements in relation to having an ISSC

             (1)  The master of an Australian ship regulated as an offshore facility commits an offence if:

                     (a)  the master makes a statement (whether orally, in a document or in any other way); and

                     (b)  the master does so knowing that the statement:

                              (i)  is false or misleading; or

                             (ii)  omits any matter or thing without which the statement is misleading; and

                     (c)  the statement is made in connection with whether an ISSC or interim ISSC is in force for the ship; and

                     (d)  any of the following subparagraphs applies:

                              (i)  the statement is made to a maritime industry participant;

                             (ii)  the statement is made to a person who is authorised by a Contracting state to the SOLAS Convention to request information about, or in connection with, whether a valid ISSC or interim ISSC is in force for the ship;

                            (iii)  the statement is made to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;

                            (iv)  the statement is made in compliance or purported compliance with a law of the Commonwealth.

Penalty:  50 penalty units.

             (2)  Absolute liability applies to each of the subparagraph (1)(d)(i), (ii), (iii) and (iv) elements of the offence.

             (3)  Subsection (1) does not apply as a result of subparagraph (1)(b)(i) if the statement is not false or misleading in a material particular.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

             (4)  Subsection (1) does not apply as a result of subparagraph (1)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

Division 3Recognised security organisations

100ZE  Secretary may delegate powers and functions under this Part

             (1)  The Secretary may, by writing, delegate all or any of his or her powers and functions under Part 5B to a person who:

                     (a)  satisfies the criteria prescribed in the regulations; and

                     (b)  is engaged by a recognised security organisation.

Note:          The Secretary may determine that an organisation is a recognised security organisation under subsection 88(2).

             (2)  In exercising powers or functions delegated under subsection (1), the delegate must comply with any directions of the Secretary.

100ZF  Recognised security organisations may conduct ISSC inspections

             (1)  The Secretary may, by writing, authorise a person to whom powers and functions can be delegated under subsection 100ZE(1) to conduct inspections of ships for the purposes of verifying that ships meet the requirements necessary for ISSC verification.

             (2)  If a person authorised under subsection (1) conducts a ship inspection, the person is taken to be a maritime security inspector for the purposes of subsection 100Z(1).

Part 5CForeign ships regulated as offshore facilities

Division 1Simplified overview of Part

100ZG  Simplified overview of Part

Division 2 sets out the obligations to be met by foreign ships regulated as offshore facilities and requires offshore facility operators for, and the masters of, those ships to acknowledge certain communications.

Division 3 provides for the Secretary to give control directions to foreign ships regulated as offshore facilities to ensure that security standards are maintained.

Division 2Obligations on regulated foreign ships

100ZH  Foreign ship regulated as an offshore facility to have ISSC

             (1)  The offshore facility operator for a foreign ship regulated as an offshore facility must:

                     (a)  have a valid ISSC, or an approved ISSC equivalent, for the ship; and

                     (b)  ensure that the ship carries the required ship security records.

             (2)  If the offshore facility operator for a foreign ship regulated as an offshore facility contravenes subsection (1), the offshore facility operator or the master of the ship may be given a control direction under Division 3.

100ZI  Foreign ship regulated as an offshore facility must provide pre‑arrival information

             (1)  The master of a foreign ship regulated as an offshore facility that is:

                     (a)  in Australian waters; or

                     (b)  intending to proceed to an Australian port;

must provide pre‑arrival information in accordance with the regulations.

             (2)  The regulations may prescribe:

                     (a)  the person or persons to whom pre‑arrival information must be given; and

                     (b)  the circumstances in which pre‑arrival information must be given; and

                     (c)  the form and manner in which pre‑arrival information must be given.

             (3)  The regulations may provide that different pre‑arrival information is to be provided before entering different places or areas as mentioned in paragraphs 92(3)(a) to (d).

             (4)  If the master of a ship contravenes subsection (1), the master or the offshore facility operator for the ship may be given a control direction under Division 3.

100ZJ  Foreign ship regulated as an offshore facility must allow inspections etc.

             (1)  The master of a foreign ship regulated as an offshore facility must allow a maritime security inspector to board and inspect the ship in accordance with Division 2 of Part 8.

             (2)  The master of a foreign ship regulated as an offshore facility must provide a maritime security inspector with any ship security records kept on the ship when requested by the maritime security inspector to do so.

             (3)  If the master of a ship contravenes subsection (1) or (2), the master or the offshore facility operator for the ship may be given a control direction under Division 3.

100ZK  Foreign ship regulated as an offshore facility must comply with security directions

             (1)  If the Secretary gives a security direction to a foreign ship regulated as an offshore facility under section 36A, the ship must comply with the direction.

             (2)  If a foreign ship regulated as an offshore facility does not comply with a security direction, the offshore facility operator for, or the master of, the ship may be given a control direction under Division 3.

Note:          In addition, the offshore facility operator for, or the master of, a foreign ship regulated as an offshore facility may commit an offence if the ship fails to comply with a security direction: see subsection 39(1).

100ZL  Acknowledging level notifications and directions

Masters of ships

             (1)  The master of a foreign ship regulated as an offshore facility commits an offence if:

                     (a)  the master is notified by the Secretary, a port operator or the offshore facility operator that maritime security level 2 or 3 is in force for the ship; and

                     (b)  the master fails to acknowledge the notification to the Secretary.

Penalty:  25 penalty units.

             (2)  The master of a foreign ship regulated as an offshore facility commits an offence if:

                     (a)  the master is given:

                              (i)  a security direction by the Secretary that relates to the operations of the ship; or

                             (ii)  a control direction that relates to the ship; and

                     (b)  the master fails to acknowledge the direction to the Secretary.

Penalty:  25 penalty units.

Offshore facility operators

             (3)  The offshore facility operator for a foreign ship regulated as an offshore facility commits an offence if:

                     (a)  the offshore facility operator is notified by the Secretary or a port operator that maritime security level 2 or 3 is in force for the ship; and

                     (b)  the offshore facility operator fails to acknowledge the notification to the Secretary.

Penalty:  100 penalty units.

             (4)  The offshore facility operator for a foreign ship regulated as an offshore facility commits an offence if:

                     (a)  the offshore facility operator is given:

                              (i)  a security direction by the Secretary that relates to the operations of the ship; or

                             (ii)  a control direction that relates to the ship; and

                     (b)  the offshore facility operator fails to acknowledge the direction to the Secretary.

Penalty:  100 penalty units.

             (5)  Subsections (1) to (4) are offences of strict liability.

Division 3Control directions

100ZM  Secretary may give control directions

             (1)  The Secretary may give a direction to:

                     (a)  the offshore facility operator for a foreign ship regulated as an offshore facility; or

                     (b)  the master of the ship;

requiring the offshore facility operator or master to take specified action, or refrain from taking specified action, in relation to the ship.

             (2)  A direction under subsection (1) is a control direction.

             (3)  However, the Secretary must not give a control direction unless the direction is:

                     (a)  necessary for ensuring compliance with Division 2 of this Part; or

                     (b)  a direction of a kind that can be given, under Chapter XI‑2 of the SOLAS Convention or the ISPS Code, by a port state to a foreign flagged ship.

             (4)  The action that an offshore facility operator or master may be directed to take under subsection (1) includes, but is not limited to, the following:

                     (a)  removing the ship from Australian waters;

                     (b)  removing the ship from a security regulated port;

                     (c)  moving the ship within a security regulated port;

                     (d)  removing the ship from an offshore security zone;

                     (e)  moving the ship within or around an offshore security zone;

                      (f)  holding the ship in a particular position for a specified period or until a specified event occurs;

                     (g)  taking particular actions, or ensuring that particular actions are taken, on board the ship;

                     (h)  allowing a maritime security inspector on board the ship to inspect the ship or ship security records carried by the ship.

             (5)  A control direction has no effect until the Secretary commits the direction to writing.

Note:          This requires the Secretary to have a written record of a direction that is given orally.

             (6)  The direction must not require the payment of money to the Secretary (or any other person) other than an amount of money that is already recoverable at law.

             (7)  The regulations may prescribe requirements for, or in relation to, the giving of control directions.

100ZN  Enforcing control directions

             (1)  The offshore facility operator for a foreign ship regulated as an offshore facility must not engage in conduct that contravenes a control direction that relates to the ship.

             (2)  If an offshore facility operator contravenes subsection (1), the offshore facility operator may be subject to an injunction under section 197.

             (3)  The master of a foreign ship regulated as an offshore facility must not engage in conduct that contravenes a control direction that relates to the ship.

             (4)  If the master of a ship contravenes subsection (3), the master may be subject to an injunction under section 197.

Part 6Maritime security zones

Division 1Simplified overview of Part

101  Simplified overview of Part

Maritime security zones are used to subject areas within ports, on and around ships, and on and around offshore facilities to additional security requirements.

Division 2 allows the Secretary to establish one or more port security zones within a security regulated port.

Division 3 allows the Secretary to declare that a ship security zone is to operate around a security regulated ship while it is in a security regulated port or near a security regulated offshore facility.

Division 4 allows the Secretary to establish one or more on‑board security zones on a regulated Australian ship.

Division 5 allows the Secretary to establish one or more offshore security zones on and around a security regulated offshore facility.

The regulations may prescribe different types of port, ship, on‑board and offshore security zones and the requirements to be met in relation to each type of zone.

Division 2Port security zones

102  Establishing port security zones

             (1)  The Secretary may, by written notice given to the port operator for a security regulated port, establish one or more port security zones within the port. Each port security zone must be of a type prescribed under section 103.

             (2)  The notice must include a map of the port that shows the boundaries of the port security zones.

          (2A)  If:

                     (a)  a maritime security plan for a port operator for a security regulated port includes a map in accordance with paragraph 49(2)(a) or subparagraph 49(2)(b)(ii) or (iii); and

                     (b)  the Secretary gives the port operator notice under paragraph 51(1)(b) approving the plan;

the Secretary is taken to have given the port operator a notice under subsection (1) of this section (including a map as mentioned in subsection (2)) establishing, or revoking the establishment of, port security zones, as proposed by the operator in the map included in the plan.

          (2B)  If:

                     (a)  a notice under subsection 52A(1) requesting the Secretary to vary a maritime security plan for a port operator for a security regulated port includes a map in accordance with subsection 52A(3); and

                     (b)  the Secretary gives the port operator notice under paragraph 52A(4)(b) approving the variation;

the Secretary is taken to have given the port operator a notice under subsection (1) of this section (including a map as mentioned in subsection (2)) establishing, or revoking the establishment of, port security zones, as proposed by the port operator in the map included in the notice requesting the variation.

Note:          For variation and revocation of instruments under subsection (1), see subsection 33(3) of the Acts Interpretation Act 1901.

             (3)  If the Secretary establishes a port security zone under subsection (1), the Secretary must, by writing, notify the establishment to each maritime industry participant (other than the port operator) who controls an area included within the zone. The notice must include a map that shows the boundaries of the zone.

             (4)  The purpose of port security zones is to subject those zones to additional security requirements.

103  Types of port security zones

             (1)  The regulations may prescribe different types of port security zones.

             (2)  The purposes for which different types of port security zones may be prescribed include, but are not limited to, the following:

                     (a)  controlling the movement of people or ships or any other thing within security regulated ports;

                     (b)  restricting access to areas within security regulated ports;

                     (c)  providing cleared areas within security regulated ports;

                     (d)  preventing interference with ships;

                     (e)  preventing interference with people or goods that have been, or are to be, transported by ship;

                      (f)  ensuring the security of the following:

                              (i)  fuel storage areas;

                             (ii)  cargo and baggage handling facilities;

                            (iii)  navigational aids;

                            (iv)  critical installations.

             (3)  An installation is a critical installation if interference with, or damage to, the installation could put the operation of a port or a ship at risk.

104  Matters to be considered in establishing port security zones

                   In establishing a port security zone, the Secretary must have regard to the purpose of the zone, and take into account:

                     (a)  the existing physical features of the port; and

                     (b)  the existing operational features of the port; and

                     (c)  the views of:

                              (i)  the port operator; and

                             (ii)  each person who controls an area of land (including any buildings on the land) that is to be included within the boundaries of the zone; and

                            (iii)  the offshore facility operator for each security regulated offshore facility (if any), all or part of which is to be included within the boundaries of the zone.

105  Requirements for port security zones

             (1)  The regulations may, for the purposes of safeguarding against unlawful interference with maritime transport or offshore facilities, prescribe requirements in relation to each type of port security zone.

             (2)  The following matters may be dealt with by regulations made under subsection (1):

                     (a)  access to port security zones (including conditions of access, the issue and use of security passes and other identification systems);

                     (b)  the identification or marking of port security zones;

                     (c)  the movement, management or operation of ships and other vessels and vehicles and other things in port security zones;

                     (d)  the maintenance of the integrity of port security zones;

                     (e)  the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in port security zones;

                      (f)  the management (including the sale or disposal) of ships, other vessels, vehicles or goods abandoned in port security zones;

                     (g)  when prescribed requirements are to be met.

             (3)  Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:

                     (a)  for an offence committed by a port operator, ship operator, port facility operator or offshore facility operator—200 penalty units; or

                     (b)  for an offence committed by a maritime industry participant, other than a participant covered by paragraph (a)—100 penalty units; or

                     (c)  for an offence committed by any other person—50 penalty units.

Note:          If a body corporate is convicted of an offence against regulations made under this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose fines of up to 5 times the penalties stated above.

             (4)  Regulations made under subsection (1) may provide for the recovery by a person of costs and expenses reasonably incurred by the person in relation to the performance of functions, or the exercise of powers, by the person in relation to a security identification card scheme set out in those regulations. An amount recoverable under those regulations must not be such as to amount to taxation.

             (5)  Regulations made under subsection (1) may authorise the use or disclosure of information (including personal information within the meaning of the Privacy Act 1988) for the purposes of, or in relation to, assessing the security risk posed by a person.

Division 3Ship security zones

106  Declaring ship security zones

Ships within a port

             (1)  The Secretary may, by written notice given to:

                     (a)  the ship operator for, or the master of, a security regulated ship; and

                     (b)  the port operator for a security regulated port;

declare that a ship security zone is to operate around the ship while the ship is within the port. The ship security zone must be of a type prescribed under section 107.

Ships near an offshore facility

          (1A)  The Secretary may, by written notice given to:

                     (a)  the ship operator for, or the master of, a security regulated ship; and

                     (b)  the offshore facility operator for a security regulated offshore facility;

declare that a ship security zone is to operate around the ship while the ship is in the vicinity of the facility and is engaged in any activity in relation to the facility. The ship security zone must be of a type prescribed under section 107.

Purpose of ship security zones

             (2)  The purpose of ship security zones is to protect ships within those zones from unlawful interference with maritime transport or offshore facilities.

             (3)  To avoid doubt, if:

                     (a)  a ship security zone is operating around a ship; and

                     (b)  a person or thing is on board the ship;

the person or thing is not in the ship security zone.

Note:          The Secretary may establish on‑board security zones on regulated Australian ships: see subsection 110(1).

107  Types of ship security zones

             (1)  The regulations may prescribe different types of ship security zones.

             (2)  The purposes for which different types of ship security zones may be prescribed include, but are not limited to, the following:

                     (a)  limiting contact with security regulated ships;

                     (b)  controlling the movement of ships and other things in the vicinity of a security regulated ship;

                     (c)  providing cleared areas around security regulated ships;

                     (d)  preventing interference with security regulated ships;

                     (e)  preventing interference with people or goods that have been, or are to be, transported by security regulated ships.

108  Matters to be considered in declaring ship security zones

Ship within a port

             (1)  In declaring under subsection 106(1) that a ship security zone is to operate around a security regulated ship, the Secretary must have regard to the purpose of the zone, and take into account:

                     (a)  the operational features of the ship; and

                     (b)  the existing physical features of the port or ports, and related port services, to be used by the ship; and

                     (c)  the existing operational features of the port or ports, and related port services, to be used by the ship.

Ships near an offshore facility

             (2)  In declaring under subsection 106(1A) that a ship security zone is to operate around a security regulated ship, the Secretary must have regard to the purpose of the zone, and take into account:

                     (a)  the operational features of the ship; and

                     (b)  the existing physical features of the offshore facility or offshore facilities to be serviced by the ship; and

                     (c)  the existing operational features of the offshore facility or offshore facilities to be serviced by the ship.

109  Requirements for ship security zones

             (1)  The regulations may, for the purposes of safeguarding against unlawful interference with maritime transport or offshore facilities, prescribe requirements in relation to each type of ship security zone.

             (2)  The following matters may be dealt with by regulations made under subsection (1):

                     (a)  access to ship security zones (including conditions of access, the issue and use of security passes and other identification systems);

                     (b)  the identification or marking of ship security zones;

                     (c)  the movement, management or operation of ships and other vessels and vehicles and other things in ship security zones;

                     (d)  the maintenance of the integrity of ship security zones;

                     (e)  the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in ship security zones;

                      (f)  the management (including the sale or disposal) of things abandoned in ship security zones;

                     (g)  when prescribed requirements are to be met.

             (3)  Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:

                     (a)  for an offence committed by a port operator, ship operator, port facility operator or offshore facility operator—200 penalty units; or

                     (b)  for an offence committed by a maritime industry participant, other than a participant covered by paragraph (a)—100 penalty units; or

                     (c)  for an offence committed by any other person—50 penalty units.

Note:          If a body corporate is convicted of an offence against regulations made under this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose fines of up to 5 times the penalties stated above.

             (4)  Regulations made under subsection (1) may provide for the recovery by a person of costs and expenses reasonably incurred by the person in relation to the performance of functions, or the exercise of powers, by the person in relation to a security identification card scheme set out in those regulations. An amount recoverable under those regulations must not be such as to amount to taxation.

             (5)  Regulations made under subsection (1) may authorise the use or disclosure of information (including personal information within the meaning of the Privacy Act 1988) for the purposes of, or in relation to, assessing the security risk posed by a person.

Division 4On‑board security zones

110  Establishing on‑board security zones

             (1)  The Secretary may, by written notice given to the ship operator for a regulated Australian ship, establish one or more on‑board security zones on the ship. Each on‑board security zone must be of a type prescribed under section 111.

             (2)  The notice must identify the areas or parts of the ship to be covered by the on‑board security zone or zones.

             (3)  The purpose of on‑board security zones is to subject those zones to additional security requirements.

111  Types of on‑board security zones

             (1)  The regulations may prescribe different types of on‑board security zones.

             (2)  The purposes for which different types of on‑board security zones may be prescribed include, but are not limited to, the following:

                     (a)  controlling access to areas or parts of regulated Australian ships;

                     (b)  maintaining the security of areas or parts of regulated Australian ships;

                     (c)  providing cleared areas on regulated Australian ships;

                     (d)  preventing interference with the operation of regulated Australian ships;

                     (e)  preventing interference with people or goods that are being, have been, or are to be, transported by regulated Australian ships.

112  Matters to be considered in establishing on‑board security zones

                   In establishing an on‑board security zone on a regulated Australian ship, the Secretary must:

                     (a)  have regard to the purpose of the zone; and

                     (b)  take into account:

                              (i)  the operational features of the ship; and

                             (ii)  the views of the ship operator for the ship.

113  Requirements for on‑board security zones

             (1)  The regulations may, for the purposes of safeguarding against unlawful interference with maritime transport or offshore facilities, prescribe requirements in relation to each type of on‑board security zone.

             (2)  The following matters may be dealt with by regulations made under subsection (1):

                     (a)  access to on‑board security zones (including conditions of access, the issue and use of security passes and other identification systems);

                     (b)  the identification or marking of on‑board security zones;

                     (c)  the movement, management or operation of vehicles and other things in on‑board security zones;

                     (d)  the maintenance of the integrity of on‑board security zones;

                     (e)  the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in on‑board security zones;

                      (f)  the management (including the sale or disposal) of things abandoned in on‑board security zones;

                     (g)  when prescribed requirements are to be met.

             (3)  Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:

                     (a)  for an offence committed by a port operator, ship operator, port facility operator or offshore facility operator—200 penalty units; or

                     (b)  for an offence committed by a maritime industry participant, other than a participant covered by paragraph (a)—100 penalty units; or

                     (c)  for an offence committed by any other person—50 penalty units.

Note:          If a body corporate is convicted of an offence against regulations made under this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose fines of up to 5 times the penalties stated above.

             (4)  Regulations made under subsection (1) may provide for the recovery by a person of costs and expenses reasonably incurred by the person in relation to the performance of functions, or the exercise of powers, by the person in relation to a security identification card scheme set out in those regulations. An amount recoverable under those regulations must not be such as to amount to taxation.

             (5)  Regulations made under subsection (1) may authorise the use or disclosure of information (including personal information within the meaning of the Privacy Act 1988) for the purposes of, or in relation to, assessing the security risk posed by a person.

Division 5Offshore security zones

113A  Establishing offshore security zones

             (1)  The Secretary may, by written notice given to the offshore facility operator for a security regulated offshore facility, establish one or more offshore security zones within and around the facility. Each offshore security zone must be of a type prescribed under section 113B.

             (2)  The notice must include information about the location and boundaries of the offshore security zones of the kind and in the form prescribed by the regulations.

          (2A)  If:

                     (a)  an offshore security plan for an offshore facility operator includes information in accordance with paragraph 100I(2)(b) or subparagraph 100I(2)(c)(ii) or (iii) relating to proposed changes to the offshore security zones within or around an offshore facility; and

                     (b)  the Secretary gives the offshore facility operator notice under paragraph 100K(1)(b) approving the plan;

the Secretary is taken to have given the offshore facility operator a notice under subsection (1) of this section (including information as mentioned in subsection (2)) establishing, or revoking the establishment of, offshore security zones, as proposed by the offshore facility operator in the information included in the plan.

          (2B)  If:

                     (a)  a notice under subsection 100LA(1) requesting the Secretary to vary an offshore security plan for an offshore facility operator includes information in accordance with subsection 100LA(3); and

                     (b)  the Secretary gives the offshore facility operator notice under paragraph 100LA(4)(b) approving the variation;

the Secretary is taken to have given the offshore facility operator a notice under subsection (1) of this section (including information as mentioned in subsection (2)) establishing, or revoking the establishment of, offshore security zones, as proposed by the offshore facility operator in the information included in the notice requesting the variation.

Note:          For variation and revocation of instruments under subsection (1), see subsection 33(3) of the Acts Interpretation Act 1901.

             (3)  If the Secretary establishes an offshore security zone under subsection (1), the offshore facility operator must, by writing, notify the establishment to each maritime industry participant (other than the offshore facility operator) who conducts operations within the zone. The notice must include information about the location and boundaries of the zone of the kind and in the form prescribed by the regulations.

             (4)  The purpose of offshore security zones is to subject those zones to additional security requirements.

113B  Types of offshore security zones

             (1)  The regulations may prescribe different types of offshore security zones.

             (2)  The purposes for which different types of offshore security zones may be prescribed include, but are not limited to, the following:

                     (a)  limiting contact with security regulated offshore facilities;

                     (b)  controlling the movement of people within a security regulated offshore facility;

                     (c)  controlling the movement of ships and other things within and around a security regulated offshore facility;

                     (d)  providing cleared areas within and around security regulated offshore facilities;

                     (e)  preventing interference with security regulated offshore facilities;

                      (f)  preventing interference with people or goods (including petroleum) that have been, or are to be, transported to or from security regulated offshore facilities.

113C  Matters to be considered in establishing offshore security zones

                   In establishing an offshore security zone, the Secretary must:

                     (a)  have regard to the purpose of the zone; and

                     (b)  take into account:

                              (i)  the existing physical features of the security regulated offshore facility; and

                             (ii)  the existing operational features of the facility; and

                            (iii)  the views of the offshore facility operator and, if all or part of the zone is within a security regulated port, the port operator for that port; and

                     (c)  act consistently with Australia’s obligations under international law.

113D  Requirements for offshore security zones

             (1)  The regulations may, for the purposes of safeguarding against unlawful interference with maritime transport or offshore facilities, prescribe requirements in relation to each type of offshore security zone.

             (2)  The following matters may be dealt with by regulations made under subsection (1):

                     (a)  access to offshore security zones (including conditions of access, the issue and use of security passes and other identification systems);

                     (b)  the identification or marking of offshore security zones;

                     (c)  the movement, management or operation of ships and other vessels and vehicles and other things in offshore security zones;

                     (d)  the maintenance of the integrity of offshore security zones;

                     (e)  the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in offshore security zones;

                      (f)  the management (including the sale or disposal) of ships, other vessels, vehicles or goods abandoned in offshore security zones;

                     (g)  when prescribed requirements are to be met;

                     (h)  the suspension of the existence of an offshore security zone in prescribed circumstances.

             (3)  Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:

                     (a)  for an offence committed by a port operator, ship operator, port facility operator or offshore facility operator—200 penalty units; or

                     (b)  for an offence committed by a maritime industry participant, other than a participant covered by paragraph (a)—100 penalty units; or

                     (c)  for an offence committed by any other person—50 penalty units.

Note:          If a body corporate is convicted of an offence against regulations made under this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose fines of up to 5 times the penalties stated above.

             (4)  Regulations made under subsection (1) may provide for the recovery by a person of costs and expenses reasonably incurred by the person in relation to the performance of functions, or the exercise of powers, by the person in relation to a security identification card scheme set out in those regulations. An amount recoverable under those regulations must not be such as to amount to taxation.

             (5)  Regulations made under subsection (1) may authorise the use or disclosure of information (including personal information within the meaning of the Privacy Act 1988) for the purposes of, or in relation to, assessing the security risk posed by a person.

             (6)  Regulations made under subsection (1) must be consistent with Australia’s obligations under international law.

Part 7Other security measures

Division 1Simplified overview of Part

114  Simplified overview of Part

This Part imposes requirements in relation to screening and clearing, weapons and prohibited items.

A person may be required to be receive clearance to enter certain areas, use certain vehicles or board certain vessels. This will usually involve screening. Vehicles, goods and vessels may also be screened. Division 2 deals with screening and clearing.

Divisions 3 and 4 impose requirements in relation to the carriage and possession of weapons and prohibited items in maritime security zones, on board regulated Australian ships and on board ships regulated as offshore facilities. There are also prohibitions on carrying weapons and prohibited items through screening points.

Division 2Screening and clearing

115  Screening and clearing people

             (1)  A person is screened when the person undergoes screening in accordance with regulations made under section 119 in preparation for:

                     (a)  boarding a vessel; or

                     (b)  entering an area within a security regulated port or an offshore security zone.

Note:          Division 6 of Part 8 deals with the screening officers.

             (2)  A person receives clearance if:

                     (a)  after being screened, the person is allowed, by a screening officer, to pass through the screening point; or

                     (b)  the person passes through the screening point and the regulations provide, or the Secretary by written notice provides, that the person may pass through that screening point without being screened; or

                     (c)  the person enters a cleared area or boards a cleared vessel other than through a screening point and the regulations provide, or the Secretary by written notice provides, that the person may enter the area or board the vessel that way.

             (3)  A person is cleared at a particular time if:

                     (a)  the person has received clearance; and

                     (b)  since receiving clearance, the person has at all times been in a cleared area or on a cleared vessel.

             (4)  For the purposes of paragraph (3)(b), a person is taken to be in a cleared area if the person is under the supervision or control prescribed in the regulations.

             (5)  To avoid doubt:

                     (a)  a notice under paragraph (2)(b) may provide that a class of persons may pass through a screening point without being screened; and

                     (b)  a notice under paragraph (2)(c) may provide that a class of persons may enter a cleared area or board a cleared vessel other than through a screening point.

116  Screening and clearing goods

             (1)  Goods are screened when the goods undergo screening in accordance with regulations made under section 119 in preparation for:

                     (a)  being taken on board a vessel; or

                     (b)  being taken into an area within a security regulated port or an offshore security zone.

             (2)  Goods receive clearance if:

                     (a)  after being screened, the goods are allowed, by a screening officer, to pass through the screening point; or

                     (b)  the goods pass through the screening point and the regulations provide, or the Secretary by written notice provides, that the goods may pass through that screening point without being screened; or

                     (c)  the goods enter a cleared area or are taken on board a cleared vessel other than through a screening point and the regulations provide, or the Secretary by written notice provides, that the goods may enter the area or be taken on board the vessel that way.

             (3)  Goods are cleared at a particular time if:

                     (a)  the goods have received clearance; and

                     (b)  since receiving clearance, the goods have at all times been in a cleared area or on a cleared vessel.

             (4)  For the purposes of paragraph (3)(b), goods are taken to be in a cleared area if the goods are under the supervision or control prescribed in the regulations.

             (5)  To avoid doubt:

                     (a)  a notice under paragraph (2)(b) may provide that a class of goods may pass through a screening point without being screened; and

                     (b)  a notice under paragraph (2)(c) may provide that a class of goods may enter a cleared area or be taken on board a cleared vessel other than through a screening point.

117  Screening and clearing vehicles

             (1)  A vehicle is screened when the vehicle undergoes screening in accordance with regulations made under section 119 in preparation for:

                     (a)  being taken on board a vessel; or

                     (b)  entering an area within a security regulated port or an offshore security zone.

             (2)  A vehicle receives clearance if:

                     (a)  after being screened, the vehicle is allowed, by a screening officer, to pass through the screening point; or

                     (b)  the vehicle passes through the screening point and the regulations provide, or the Secretary by written notice provides, that the vehicle may pass through that screening point without being screened; or

                     (c)  the vehicle enters a cleared area or goes on board a cleared vessel other than through a screening point and the regulations provide, or the Secretary by written notice provides, that the vehicle may enter the area or be taken on board the vessel that way.

             (3)  A vehicle is cleared at a particular time if:

                     (a)  the vehicle has received clearance; and

                     (b)  since receiving clearance, the vehicle has at all times been in a cleared area or on a cleared vessel.

             (4)  For the purposes of paragraph (3)(b), a vehicle is taken to be in a cleared area if the vehicle is under the supervision or control prescribed in the regulations.

             (5)  To avoid doubt:

                     (a)  a notice under paragraph (2)(b) may provide that a class of vehicles may pass through a screening point without being screened; and

                     (b)  a notice under paragraph (2)(c) may provide that a class of vehicles may enter a cleared area or be taken on board a cleared vessel other than through a screening point.

118  Screening and clearing vessels

             (1)  A vessel is screened when the vessel undergoes screening in accordance with regulations made under section 119 in preparation for:

                     (a)  being taken on board another vessel; or

                     (b)  entering an area within a security regulated port or an offshore security zone.

             (2)  A vessel receives clearance if:

                     (a)  after being screened, the vessel is allowed, by a screening officer, to pass through the screening point; or

                     (b)  the vessel passes through the screening point and the regulations provide, or the Secretary by written notice provides, that the vessel may pass through that screening point without being screened; or

                     (c)  the vessel enters a cleared area or is taken on board a cleared vessel other than through a screening point and the regulations provide, or the Secretary by written notice provides, that the vessel may enter the area or be taken on board the other vessel that way.

             (3)  A vessel is cleared at a particular time if:

                     (a)  the vessel has received clearance; and

                     (b)  since receiving clearance, the vessel has at all times been in a cleared area or on a cleared vessel.

             (4)  For the purposes of paragraph (3)(b), a vessel is taken to be in a cleared area if the vessel is under the supervision or control prescribed in the regulations.

             (5)  To avoid doubt:

                     (a)  a notice under paragraph (2)(b) may provide that a class of vessels may pass through a screening point without being screened; and

                     (b)  a notice under paragraph (2)(c) may provide that a class of vessels may enter a cleared area or be taken on board a cleared vessel other than through a screening point.

119  Requirements for screening and clearing

             (1)  The regulations may, for the purposes of safeguarding against unlawful interference with maritime transport or offshore facilities, prescribe requirements in relation to one or more of the following:

                     (a)  screening;

                     (b)  receiving clearance;

                     (c)  the circumstances in which persons, goods, vehicles or vessels are required to be cleared.

             (2)  Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:

                     (a)  the persons who are authorised or required to conduct screening;

                     (b)  the things to be detected by screening;

                     (c)  the procedures for dealing with things detected by screening;

                     (d)  the circumstances in which persons must be cleared in order to:

                              (i)  board a vessel; or

                             (ii)  enter an area within a security regulated port or an offshore security zone;

                     (e)  the circumstances in which stores must be cleared in order to be taken:

                              (i)  on board a vessel; or

                             (ii)  into an area within a security regulated port or an offshore security zone;

                      (f)  the circumstances in which baggage must be cleared in order to be taken:

                              (i)  on board a vessel; or

                             (ii)  into an area within a security regulated port or an offshore security zone;

                     (g)  the circumstances in which cargo must be cleared in order to be taken:

                              (i)  on board a vessel; or

                             (ii)  into an area within a security regulated port or an offshore security zone;

                     (h)  the circumstances in which vehicles must be cleared in order to be taken:

                              (i)  on board a vessel; or

                             (ii)  into an area within a security regulated port or an offshore security zone;

                      (i)  the circumstances in which vessels must be cleared in order to be taken:

                              (i)  on board another vessel; or

                             (ii)  into an area within a security regulated port or an offshore security zone;

                      (j)  the places where screening is to be conducted;

                     (k)  the methods, techniques and equipment to be used for screening;

                      (l)  the notices that are to be displayed in places where screening is to be conducted;

                    (m)  the supervision and control measures for ensuring that persons, goods, vehicles and vessels that have received clearance remain cleared on vessels that are not cleared vessels or in areas that are not cleared areas.

Note:          Regulations made under subsection 165(2) must prescribe training and qualification requirements for screening officers and set out requirements in relation to the form, issue and use of identity cards.

             (3)  Regulations made under paragraph (2)(a) or (2)(k) may provide that some or all of the matters set out in that paragraph are to be specified in written notices made by the Secretary. Such a notice may provide that the notice is only to be given to the persons, or classes of persons, specified in the notice.

             (4)  Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:

                     (a)  for an offence committed by a port operator, ship operator, port facility operator or offshore facility operator—200 penalty units; or

                     (b)  for an offence committed by a maritime industry participant, other than a participant covered by paragraph (a)—100 penalty units; or

                     (c)  for an offence committed by any other person—50 penalty units.

Note:          If a body corporate is convicted of an offence against regulations made under this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose fines of up to 5 times the penalties stated above.

Division 3Weapons

120  Weapons in maritime security zones

Strict liability

             (1)  A person commits an offence if:

                     (a)  the person is in a maritime security zone; and

                     (b)  the person has a weapon in his or her possession; and

                     (c)  the person is not:

                              (i)  a law enforcement officer; or

                             (ii)  a member of the Australian Defence Force who is on duty; or

                            (iii)  authorised by the regulations, or permitted in writing by the Secretary, to have the weapon in his or her possession in the maritime security zone.

Penalty:  100 penalty units.

             (2)  Subsection (1) is an offence of strict liability.

General

             (3)  A person commits an offence if:

                     (a)  the person is in a maritime security zone; and

                     (b)  the person has a weapon in his or her possession; and

                     (c)  the person is not:

                              (i)  a law enforcement officer; or

                             (ii)  a member of the Australian Defence Force who is on duty; or

                            (iii)  authorised by the regulations, or permitted in writing by the Secretary, to have the weapon in his or her possession in the maritime security zone.

Penalty:  Imprisonment for 7 years.

121  Carrying weapons through a screening point

Strict liability

             (1)  A person commits an offence if:

                     (a)  the person passes through a screening point; and

                     (b)  the person has a weapon in his or her possession when he or she passes through the screening point; and

                     (c)  the person is not:

                              (i)  a law enforcement officer; or

                             (ii)  authorised by the regulations, or permitted in writing by the Secretary, to pass through the screening point with the weapon in his or her possession.

Penalty:  100 penalty units.

             (2)  Subsection (1) is an offence of strict liability.

General

             (3)  A person commits an offence if:

                     (a)  the person passes through a screening point; and

                     (b)  the person has a weapon in his or her possession when he or she passes through the screening point; and

                     (c)  the person is not:

                              (i)  a law enforcement officer; or

                             (ii)  authorised by the regulations, or permitted in writing by the Secretary, to pass through the screening point with the weapon in his or her possession.

Penalty:  Imprisonment for 7 years.

122  Weapons on board certain ships—strict liability

             (1)  A person commits an offence if:

                     (a)  the person is on board a regulated Australian ship or a ship regulated as an offshore facility; and

                     (b)  the person:

                              (i)  carries a weapon; or

                             (ii)  otherwise has in his or her possession a weapon that is located at a place that is accessible to the person; and

                     (c)  the person is not a law enforcement officer; and

                     (d)  the carriage or possession of the weapon is not authorised by the regulations or permitted in writing by the Secretary; and

                     (e)  the weapon is not under the control of the master of the ship.

Penalty:  100 penalty units.

             (2)  Subsection (1) is an offence of strict liability.

123  Weapons on board certain ships—general

                   A person commits an offence if:

                     (a)  the person is on board a regulated Australian ship or a ship regulated as an offshore facility; and

                     (b)  the person:

                              (i)  carries a weapon; or

                             (ii)  otherwise has in his or her possession a weapon that is located at a place that is accessible to the person; and

                     (c)  the person is not a law enforcement officer; and

                     (d)  the carriage or possession of the weapon is not authorised by the regulations or permitted in writing by the Secretary; and

                     (e)  the weapon is not under the control of the master of the ship.

Penalty:  Imprisonment for 7 years.

124  Failure to comply with conditions

             (1)  A person commits an offence if:

                     (a)  the person is in a maritime security zone, on board a regulated Australian ship or on board a ship regulated as an offshore facility; and

                     (b)  the person is authorised or permitted to have a weapon in his or her possession or under his or her control; and

                     (c)  the person fails to comply with any conditions relating to the authorisation or permission.

Penalty:  50 penalty units.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

             (3)  Subsection (1) is an offence of strict liability.

125  Secretary may permit by class

                   To avoid doubt, for the purposes of this Division, the Secretary may give permission in relation to particular conduct by giving permission to a class of persons.

126  Other weapons requirements

             (1)  The regulations may, for the purposes of safeguarding against unlawful interference with maritime transport or offshore facilities, prescribe requirements in relation to the carriage and use of weapons in a maritime security zone, on board a regulated Australian ship or on board a ship regulated as an offshore facility.

             (2)  The following matters may be dealt with by regulations made under subsection (1):

                     (a)  authorising the carriage of weapons in a maritime security zone, on board a regulated Australian ship or on board a ship regulated as an offshore facility;

                     (b)  dealing with a person in a maritime security zone, on board a regulated Australian ship or on board a ship regulated as an offshore facility who carries or uses a weapon, or is suspected of carrying or using a weapon, unlawfully;

                     (c)  dealing with a weapon surrendered by a person in a maritime security zone, on board a regulated Australian ship or on board a ship regulated as an offshore facility.

             (3)  Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:

                     (a)  for an offence committed by a port operator, ship operator, port facility operator or offshore facility operator—200 penalty units; or

                     (b)  for an offence committed by a maritime industry participant, other than a participant covered by paragraph (a)—100 penalty units; or

                     (c)  for an offence committed by any other person—50 penalty units.

Note:          If a body corporate is convicted of an offence against regulations made under this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose fines of up to 5 times the penalties stated above.

Division 4Prohibited items

127  Prohibited items in maritime security zones

Strict liability

             (1)  A person commits an offence if:

                     (a)  the person is in a maritime security zone; and

                     (b)  the maritime security zone is of a kind prescribed in the regulations for the purposes of this paragraph; and

                     (c)  the person has a prohibited item in his or her possession; and

                     (d)  the person is not:

                              (i)  a law enforcement officer, a maritime security guard or a maritime security inspector; or

                             (ii)  a member of the Australian Defence Force who is on duty; or

                            (iii)  authorised by the regulations, or permitted in writing by the Secretary, to have the prohibited item in his or her possession in the maritime security zone.

Penalty:  20 penalty units.

             (2)  Subsection (1) is an offence of strict liability.

General

             (3)  A person commits an offence if:

                     (a)  the person is in a maritime security zone; and

                     (b)  the maritime security zone is of a kind prescribed in the regulations for the purposes of this paragraph; and

                     (c)  the person has a prohibited item in his or her possession; and

                     (d)  the person is not:

                              (i)  a law enforcement officer, a maritime security guard or a maritime security inspector; or

                             (ii)  a member of the Australian Defence Force who is on duty; or

                            (iii)  authorised by the regulations, or permitted in writing by the Secretary, to have the prohibited item in his or her possession in the maritime security zone.

Penalty:  Imprisonment for 2 years.

128  Carrying prohibited items through a screening point

Strict liability

             (1)  A person commits an offence if:

                     (a)  the person passes through a screening point; and

                     (b)  the person has a prohibited item in his or her possession when he or she passes through the screening point; and

                     (c)  the person is not:

                              (i)  a law enforcement officer, a maritime security guard or a maritime security inspector; or

                             (ii)  authorised by the regulations, or permitted in writing by the Secretary, to pass through the screening point with the prohibited item in his or her possession.

Penalty:  20 penalty units.

             (2)  Subsection (1) is an offence of strict liability.

General

             (3)  A person commits an offence if:

                     (a)  the person passes through a screening point; and

                     (b)  the person has a prohibited item in his or her possession when he or she passes through the screening point; and

                     (c)  the person is not:

                              (i)  a law enforcement officer, a maritime security guard or a maritime security inspector; or

                             (ii)  authorised by the regulations, or permitted in writing by the Secretary, to pass through the screening point with the prohibited item in his or her possession.

Penalty:  Imprisonment for 2 years.

129  Prohibited items on board certain ships—strict liability

             (1)  A person commits an offence if:

                     (a)  the person is on board a regulated Australian ship or a ship regulated as an offshore facility; and

                     (b)  the person:

                              (i)  carries a prohibited item; or

                             (ii)  otherwise has in his or her possession a prohibited item that is located at a place that is accessible to the person; and

                     (c)  the person is not a law enforcement officer, a maritime security guard or a maritime security inspector; and

                     (d)  the carriage or possession of the prohibited item is not authorised by the regulations or permitted in writing by the Secretary; and

                     (e)  the prohibited item is not under the control of the master of the ship.

Penalty:  20 penalty units.

             (2)  Subsection (1) is an offence of strict liability.

130  Prohibited items on board certain ships—general

                   A person commits an offence if:

                     (a)  the person is on board a regulated Australian ship or a ship regulated as an offshore facility; and

                     (b)  the person:

                              (i)  carries a prohibited item; or

                             (ii)  otherwise has in his or her possession a prohibited item that is located at a place that is accessible to the person; and

                     (c)  the person is not a law enforcement officer, a maritime security guard or a maritime security inspector; and

                     (d)  the carriage or possession of the prohibited item is not authorised by the regulations or permitted in writing by the Secretary; and

                     (e)  the prohibited item is not under the control of the master of the ship.

Penalty:  Imprisonment for 2 years.

131  Failure to comply with conditions

             (1)  A person commits an offence if:

                     (a)  the person is in a maritime security zone, on board a regulated Australian ship or on board a ship regulated as an offshore facility; and

                     (b)  the person is authorised or permitted to have a prohibited item in his or her possession or under his or her control; and

                     (c)  the person fails to comply with any conditions relating to the authorisation or permission.

Penalty:  50 penalty units.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subsection (1) is an offence of strict liability.

132  Secretary may permit by class

                   To avoid doubt, for the purposes of this Division, the Secretary may give permission in relation to particular conduct by giving permission to a class of persons.

133  Other prohibited items requirements

             (1)  The regulations may, for the purposes of safeguarding against unlawful interference with maritime transport or offshore facilities, prescribe requirements in relation to the carriage and use of prohibited items in a maritime security zone, on board a regulated Australian ship or on board a ship regulated as an offshore facility.

             (2)  The following matters may be dealt with by regulations made under subsection (1):

                     (a)  authorising the carriage of prohibited items in a maritime security zone, on board a regulated Australian ship or on board a ship regulated as an offshore facility;

                     (b)  dealing with a person in a maritime security zone, on board a regulated Australian ship or on board a ship regulated as an offshore facility who carries or uses a prohibited item, or is suspected of carrying or using a prohibited item, unlawfully;

                     (c)  dealing with a prohibited item surrendered by a person in a maritime security zone, on board a regulated Australian ship or on board a ship regulated as an offshore facility.

             (3)  Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:

                     (a)  for an offence committed by a port operator, ship operator, port facility operator or offshore facility operator—200 penalty units; or

                     (b)  for an offence committed by a maritime industry participant, other than a participant covered by paragraph (a)—100 penalty units; or

                     (c)  for an offence committed by any other person—50 penalty units.

Note:          If a body corporate is convicted of an offence against regulations made under this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose fines of up to 5 times the penalties stated above.

Part 8Powers of officials

Division 1Simplified overview of Part

134  Simplified overview of Part

This Part sets out the powers of the following:

               (a)     maritime security inspectors;

             (aa)     security assessment inspectors;

              (b)     duly authorised officers;

               (c)     law enforcement officers;

              (d)     maritime security guards;

               (e)     screening officers.

Division 2Maritime security inspectors

135  Simplified overview of Division

Employees in the Department and law enforcement officers can be appointed as maritime security inspectors. Other persons who meet criteria prescribed in the regulations may also be appointed as maritime security inspectors.

Maritime security inspectors are able to conduct ISSC inspections. They can also inspect ships, offshore facilities, and the premises and operations of maritime industry participants, to ensure compliance with this Act.

There are special rules for some kinds of inspections. In particular, a maritime security inspector must have an inspection warrant to inspect private living areas on a ship or offshore facility.

136  Appointment

             (1)  The Secretary may appoint:

                     (a)  an APS employee in the Department; or

                     (b)  a law enforcement officer; or

                     (c)  a person who satisfies the criteria prescribed in the regulations;

to be a maritime security inspector.

             (2)  The appointment must be in writing.

137  Identity cards

             (1)  The Secretary must issue each maritime security inspector with an identity card.

             (2)  The regulations may set out requirements in relation to the form, issue and use of identity cards.

             (3)  The regulations may provide that the identity card may be combined with another identity card.

138  Maritime security inspector powers—ISSC verifications

             (1)  A maritime security inspector may inspect:

                     (a)  a regulated Australian ship or a ship regulated as an offshore facility; and

                     (b)  the ship security records for the ship; and

                     (c)  any other document relating to the security of the ship;

for the purposes of determining whether the ship meets the requirements necessary for ISSC verification.

Note:          See subsections 83(1) and (3) and 100Z(1) and (3) for the meaning of ISSC verified.

             (2)  In exercising a power under this section, a maritime security inspector must not subject a person to greater indignity than is necessary and reasonable for the exercise of the power.

139  Maritime security inspector powers—security regulated ships

             (1)  A maritime security inspector may exercise the powers set out in subsection (2) for the following purposes:

                     (a)  determining whether a person or a ship is complying with this Act;

                     (b)  investigating a possible contravention of this Act.

             (2)  For the purposes set out in subsection (1), a maritime security inspector may do one or more of the following:

                     (a)  board and inspect a security regulated ship (including any restricted access area on the ship);

                     (b)  inspect equipment on the ship;

                   (ba)  make any still or moving image or any recording of equipment on the ship;

                     (c)  observe and record operating procedures for the ship (whether carried out by the crew or some other person);

                     (d)  discuss those procedures with a person carrying them out or with another maritime industry participant;

                     (e)  inspect, photograph or copy one or more of the following:

                              (i)  the ship’s ISSC;

                             (ii)  a ship security record for the ship;

                            (iii)  a document or record held on the ship that relates to a passenger or an item of cargo;

                            (iv)  in the case of a regulated Australian ship—any document that relates to the security of the ship;

                      (f)  operate equipment on a security regulated ship for the purposes of gaining access to a document or record relating to the ship.

             (3)  In exercising a power under this section, a maritime security inspector must not subject a person to greater indignity than is necessary and reasonable for the exercise of the power.

140  When powers may be exercised—security regulated ships

Operational areas

             (1)  A maritime security inspector may exercise a power mentioned in section 138 or 139 in an operational area of a security regulated ship:

                     (a)  if the power is exercised within the boundaries of a security regulated port—at any time and without notice; or

                     (b)  otherwise—after giving the ship operator for, or the master of, the ship concerned reasonable notice.

Private living areas

             (2)  A maritime security inspector may exercise a power mentioned in section 138 or 139 in a private living area of a security regulated ship if:

                     (a)  both the master and any person or persons who occupy the private living area consent to the inspection; or

                     (b)  the inspector has a warrant, issued under section 144, to search the private living area.

             (3)  In addition, a maritime security inspector may only exercise a power mentioned in section 138 or 139 in a private living area of a security regulated ship if the inspector is accompanied by the master of the ship or a person nominated by the master.

Definitions

             (4)  A private living area on a security regulated ship is an area:

                     (a)  used for the purposes of providing accommodation for passengers or crew of the ship; and

                     (b)  to which neither all passengers nor all crew have general access.

             (5)  An operational area on a security regulated ship is an area that is not a private living area.

140A  Maritime security inspector powers—security regulated offshore facilities

             (1)  A maritime security inspector may exercise the powers set out in subsection (2) for the following purposes:

                     (a)  determining whether a person or a ship is complying with this Act;

                     (b)  investigating a possible contravention of this Act.

             (2)  For the purposes set out in subsection (1), a maritime security inspector may do one or more of the following:

                     (a)  enter and inspect a security regulated offshore facility (including any restricted access area on the facility);

                     (b)  inspect equipment on the facility;

                   (ba)  make any still or moving image or any recording of equipment on the facility;

                     (c)  observe and record operating procedures for the facility (whether carried out by the crew or some other person);

                     (d)  discuss those procedures with a person carrying them out or with another maritime industry participant;

                     (e)  inspect, photograph or copy a document or record made or kept by a maritime industry participant that relates to the security of the facility;

                      (f)  operate equipment on the facility for the purposes of gaining access to a document or record relating to the facility.

             (3)  In exercising a power under this section, a maritime security inspector must not subject a person to greater indignity than is necessary and reasonable for the exercise of the power.

             (4)  Also, in exercising a power under this section within the boundaries of a security regulated offshore facility, a maritime security inspector must take account of occupational health and safety requirements under the laws of the Commonwealth, a State or Territory applying at the facility.

140B  When powers may be exercised—security regulated offshore facilities

Operational areas

             (1)  A maritime security inspector may exercise a power mentioned in section 138 or 140A in an operational area of a security regulated offshore facility:

                     (a)  if the power is exercised within the boundaries of a security regulated port—at any time and without notice; or

                     (b)  otherwise—after giving reasonable notice to the offshore facility operator for the facility.

Private living areas

             (2)  A maritime security inspector may exercise a power mentioned in section 138 or 140A in a private living area of a security regulated offshore facility if:

                     (a)  both the offshore facility operator for the facility and any person or persons who occupy the private living area consent to the inspection; or

                     (b)  the inspector has a warrant, issued under section 145A, to search the private living area.

             (3)  In addition, a maritime security inspector may only exercise a power mentioned in section 138 or 140A in a private living area of a security regulated offshore facility if the inspector is accompanied by the offshore facility operator for the facility or a person nominated by the offshore facility operator.

Definitions

             (4)  A private living area of a security regulated offshore facility is an area:

                     (a)  used for the purposes of providing accommodation for crew of, or visitors to, the facility; and

                     (b)  to which neither all crew nor visitors have general access.

             (5)  An operational area of a security regulated offshore facility is an area that is not a private living area.

141  Maritime security inspector powers—participants

             (1)  A maritime security inspector may exercise the powers set out in subsection (2) for the following purposes:

                     (a)  determining whether a person or a ship is complying with this Act;

                     (b)  investigating a possible contravention of this Act.

             (2)  For the purposes set out in subsection (1), a maritime security inspector may do one or more of the following:

                     (a)  enter and inspect:

                              (i)  any area, building (other than a residence), vehicle or vessel under the control of a maritime industry participant; or

                             (ii)  if a maritime industry participant operates from a residence or a part of a residence—the residence or the part of the residence from which the participant operates;

                     (b)  inspect equipment in a place, vehicle or vessel mentioned in paragraph (a);

                   (ba)  make any still or moving image or any recording of equipment in a place, vehicle or vessel mentioned in paragraph (a);

                     (c)  observe the operating procedures of a maritime industry participant;

                     (d)  discuss those procedures with an employee of the maritime industry participant or with another maritime industry participant;

                     (e)  inspect, photograph or copy a document or record made or kept by a maritime industry participant;

                      (f)  operate equipment at a place mentioned in paragraph (a) for the purposes of gaining access to a document or record made or kept by a maritime industry participant.

             (3)  However, in exercising a power under this section, a maritime security inspector must not subject a person to greater indignity than is necessary and reasonable for the exercise of the power.

142  When powers may be exercised—participants

                   A maritime security inspector may exercise a power mentioned in section 141:

                     (a)  if the power is exercised within the boundaries of a security regulated port—at any time and without notice; or

                     (b)  otherwise—after giving the maritime industry participant concerned reasonable notice.

143  Offence—hindering or obstructing a maritime security inspector

             (1)  A person commits an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct hinders or obstructs a maritime security inspector in the exercise of a power in accordance with this Division.

Penalty:  50 penalty units.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subsection (1) is an offence of strict liability.

144  Inspection warrants—security regulated ships

Application for warrant

             (1)  A maritime security inspector may apply to a magistrate for a warrant to inspect a private living area on a security regulated ship.

Issue of warrant

             (2)  The magistrate may issue the warrant if the magistrate is satisfied, by information on oath or affirmation, that it is necessary to inspect the private living area for one or more of the following purposes:

                     (a)  determining whether the ship meets the requirements necessary for ISSC verification;

                     (b)  determining whether a person or a ship is complying with this Act;

                     (c)  investigating a possible contravention of this Act.

             (3)  However, the magistrate must not issue the warrant unless the maritime security inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.

Content of warrant

             (4)  The warrant must:

                     (a)  authorise the maritime security inspector to inspect the private living area, using such assistance and such force to enter the area as is necessary and reasonable; and

                     (b)  state whether the inspection is authorised to be made at any time of the day or night or during specified hours of the day or night; and

                     (c)  specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and

                     (d)  state the purpose for which the warrant is issued.

145  Inspection warrants by telephone, fax etc.—security regulated ships

Application for warrant

             (1)  If, in an urgent case, a maritime security inspector considers it necessary to do so, the maritime security inspector may apply to a magistrate by telephone, fax or other electronic means for a warrant under section 144.

             (2)  The magistrate may:

                     (a)  require communication by voice to the extent that it is practicable in the circumstances; and

                     (b)  make a recording of the whole or any part of any such communication by voice.

             (3)  Before applying for the warrant, the maritime security inspector must prepare an information of the kind mentioned in subsection 144(2) that sets out the grounds on which the warrant is sought.

             (4)  If it is necessary to do so, the maritime security inspector may apply for the warrant before the information is sworn or affirmed.

Issue of warrant

             (5)  If the magistrate is satisfied:

                     (a)  after having considered the terms of the information; and

                     (b)  after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought;

that there are reasonable grounds for issuing the warrant, the magistrate may complete and sign the same warrant that the magistrate would issue under section 144 if the application had been made under that section.

Obligations of magistrate and maritime security inspector once warrant issued

             (6)  If the magistrate completes and signs the warrant:

                     (a)  the magistrate must:

                              (i)  tell the maritime security inspector what the terms of the warrant are; and

                             (ii)  tell the maritime security inspector the day on which and the time at which the warrant was signed; and

                            (iii)  tell the maritime security inspector the day (not more than one week after the magistrate completes and signs the warrant) on which the warrant ceases to have effect; and

                            (iv)  record on the warrant the reasons for issuing the warrant; and

                     (b)  the maritime security inspector must:

                              (i)  complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and

                             (ii)  write on the form the name of the magistrate and the day on which and the time at which the warrant was signed.

             (7)  The maritime security inspector must also, not later than the day after the day of expiry or execution of the warrant, whichever is the earlier, send to the magistrate:

                     (a)  the form of warrant completed by the maritime security inspector; and

                     (b)  the information referred to in subsection (3), which must have been duly sworn or affirmed.

             (8)  When the magistrate receives those documents, the magistrate must:

                     (a)  attach them to the warrant that the magistrate completed and signed; and

                     (b)  deal with them in the way in which the magistrate would have dealt with the information if the application had been made under section 144.

Authority of warrant

             (9)  A form of warrant duly completed under subsection (6) is authority for the same powers as are authorised by the warrant signed by the magistrate.

           (10)  If:

                     (a)  it is material, in any proceedings, for a court to be satisfied that an exercise of a power was authorised by this section; and

                     (b)  the warrant signed by the magistrate authorising the exercise of the power is not produced in evidence;

the court must assume, unless the contrary is proved, that the exercise of the power was not authorised by such a warrant.

145A  Inspection warrants—security regulated offshore facilities

Application for warrant

             (1)  A maritime security inspector may apply to a magistrate for a warrant to inspect a private living area on a security regulated offshore facility.

Issue of warrant

             (2)  The magistrate may issue the warrant if the magistrate is satisfied, by information on oath or affirmation, that it is necessary to inspect the private living area for one or more of the following purposes:

                     (a)  where all or part of the facility is a ship regulated as an offshore facility—determining whether the ship meets the requirements necessary for ISSC verification;

                     (b)  determining whether a person or a ship is complying with this Act;

                     (c)  investigating a possible contravention of this Act.

             (3)  However, the magistrate must not issue the warrant unless the maritime security inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.

Content of warrant

             (4)  The warrant must:

                     (a)  authorise the maritime security inspector to inspect the private living area, using such assistance and such force to enter the area as is necessary and reasonable; and

                     (b)  state whether the inspection is authorised to be made at any time of the day or night or during specified hours of the day or night; and

                     (c)  specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and

                     (d)  state the purpose for which the warrant is issued.

145B  Inspection warrants by telephone, fax etc.—security regulated offshore facilities

Application for warrant

             (1)  If, in an urgent case, a maritime security inspector considers it necessary to do so, the maritime security inspector may apply to a magistrate by telephone, fax or other electronic means for a warrant under section 145A.

             (2)  The magistrate may:

                     (a)  require communication by voice to the extent that it is practicable in the circumstances; and

                     (b)  make a recording of the whole or any part of any such communication by voice.

             (3)  Before applying for the warrant, the maritime security inspector must prepare an information of the kind mentioned in subsection 145A(2) that sets out the grounds on which the warrant is sought.

             (4)  If it is necessary to do so, the maritime security inspector may apply for the warrant before the information is sworn or affirmed.

Issue of warrant

             (5)  If the magistrate is satisfied:

                     (a)  after having considered the terms of the information; and

                     (b)  after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought;

that there are reasonable grounds for issuing the warrant, the magistrate may complete and sign the same warrant that the magistrate would issue under section 145A if the application had been made under that section.

Obligations of magistrate and maritime security inspector once warrant issued

             (6)  If the magistrate completes and signs the warrant:

                     (a)  the magistrate must:

                              (i)  tell the maritime security inspector what the terms of the warrant are; and

                             (ii)  tell the maritime security inspector the day on which and the time at which the warrant was signed; and

                            (iii)  tell the maritime security inspector the day (not more than one week after the magistrate completes and signs the warrant) on which the warrant ceases to have effect; and

                            (iv)  record on the warrant the reasons for issuing the warrant; and

                     (b)  the maritime security inspector must:

                              (i)  complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and

                             (ii)  write on the form the name of the magistrate and the day on which and the time at which the warrant was signed.

             (7)  The maritime security inspector must also, not later than the day after the day of expiry or execution of the warrant, whichever is the earlier, send to the magistrate:

                     (a)  the form of warrant completed by the maritime security inspector; and

                     (b)  the information referred to in subsection (3), which must have been duly sworn or affirmed.

             (8)  When the magistrate receives those documents, the magistrate must:

                     (a)  attach them to the warrant that the magistrate completed and signed; and

                     (b)  deal with them in the way in which the magistrate would have dealt with the information if the application had been made under section 145A.

Authority of warrant

             (9)  A form of warrant duly completed under subsection (6) is authority for the same powers as are authorised by the warrant signed by the magistrate.

           (10)  If:

                     (a)  it is material, in any proceedings, for a court to be satisfied that an exercise of a power was authorised by this section; and

                     (b)  the warrant signed by the magistrate authorising the exercise of the power is not produced in evidence;

the court must assume, unless the contrary is proved, that the exercise of the power was not authorised by such a warrant.

Division 2ASecurity assessment inspectors

145C  Simplified overview of Division

The Secretary may appoint persons as security assessment inspectors if they satisfy the criteria prescribed by the regulations.

Security assessment inspectors can conduct security assessments of areas, facilities, buildings (other than residences), vessels and vehicles under the control of maritime industry participants.

145D  Appointment

             (1)  The Secretary may, by writing, appoint a person as a security assessment inspector if the person satisfies the criteria prescribed by the regulations for the purposes of this subsection.

             (2)  A security assessment inspector is appointed for the period specified in the instrument of appointment.

145E  Powers of security assessment inspectors

             (1)  For the purposes of conducting a security assessment of an area, facility, building (other than a residence), vessel or vehicle under the control of a maritime industry participant, a security assessment inspector may do one or more of the following:

                     (a)  enter and inspect the area, facility, building, vessel or vehicle;

                     (b)  inspect equipment in the area, facility, building, vessel or vehicle;

                     (c)  make any still or moving image or any recording of the area, facility, building, vessel, vehicle or equipment;

                     (d)  observe the operating procedures of the maritime industry participant;

                     (e)  discuss those procedures with an employee of the maritime industry participant or with another maritime industry participant.

             (2)  In exercising a power under this section, a security assessment inspector may be accompanied by a maritime security inspector.

             (3)  In exercising a power under this section, a security assessment inspector must not subject a person to greater indignity than is necessary and reasonable for the exercise of the power.

             (4)  In exercising a power under this section within the boundaries of a security regulated offshore facility, a security assessment inspector must take account of occupational health and safety requirements under the laws of the Commonwealth, a State or Territory applying at the facility.

145F  When powers may be exercised

                   A security assessment inspector may exercise a power mentioned in section 145E:

                     (a)  if the power is exercised within the boundaries of a security regulated port—at any time and without notice; or

                     (b)  otherwise—after giving the maritime industry participant concerned reasonable notice.

145G  Offence—hindering or obstructing a security assessment inspector

             (1)  A person commits an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct hinders or obstructs a security assessment inspector in the exercise of a power in accordance with this Division.

Penalty:  50 penalty units.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  An offence against subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Division 3Duly authorised officers

146  Simplified overview of Division

The powers of duly authorised officers extend only to inspecting the operational areas of a security regulated ship or security regulated offshore facility.

The following may be appointed as duly authorised officers:

               (a)     customs officers;

              (b)     members of the Australian Defence Force;

               (c)     immigration officers;

              (d)     AMSA inspectors;

               (e)     quarantine officers.

147  Secretary may appoint duly authorised officers

             (1)  The Secretary may appoint a person who is:

                     (a)  a customs officer; or

                     (b)  an ADF member; or

                     (c)  an immigration officer; or

                     (d)  an AMSA inspector; or

                     (e)  a quarantine officer;

to be a duly authorised officer.

             (2)  The appointment must be in writing.

148  Duly authorised officer powers—operational areas of security regulated ships

             (1)  A duly authorised officer may exercise the powers set out in subsection (2) in an operational area of a security regulated ship for the purposes of determining whether a person or a ship is complying with this Act.

             (2)  For the purposes set out in subsection (1), a duly authorised officer may do one or more of the following:

                     (a)  board a security regulated ship and inspect its operational areas (including any restricted access area in the operational area of the ship);

                     (b)  observe and record operating procedures for the ship (whether carried out by the crew or some other person);

                     (c)  inspect, photograph or copy one or more of the following:

                              (i)  the ship’s ISSC;

                             (ii)  a ship security record for the ship;

                     (d)  operate equipment in the operational area of a security regulated ship for the purposes of gaining access to a document or record relating to the ship.

             (3)  A duly authorised officer may exercise a power mentioned in subsection (2):

                     (a)  if the power is exercised within the boundaries of a security regulated port—at any time and without notice; or

                     (b)  otherwise—after giving the ship operator for, or the master of, the ship concerned reasonable notice.

             (4)  However, in exercising a power under this section, a duly authorised officer must not subject a person to greater indignity than is necessary and reasonable for the exercise of the power.

148A  Duly authorised officer powers—operational areas of security regulated offshore facilities

             (1)  A duly authorised officer may exercise the powers set out in subsection (2) in an operational area of a security regulated offshore facility for the purposes of determining whether a person or a ship is complying with this Act.

             (2)  For the purposes set out in subsection (1), a duly authorised officer may do one or more of the following:

                     (a)  enter a security regulated offshore facility and inspect its operational areas (including any restricted access area in the operational area of the facility);

                     (b)  observe and record operating procedures for the facility (whether carried out by the crew or some other person);

                     (c)  inspect, photograph or copy any security record for the facility;

                     (d)  if all or part of the facility is a ship regulated as an offshore facility—inspect, photograph or copy the ship’s ISSC;

                     (e)  operate equipment in the operational area of a security regulated offshore facility for the purposes of gaining access to a document or record relating to the facility.

             (3)  A duly authorised officer may exercise a power mentioned in subsection (2):

                     (a)  if the power is exercised within the boundaries of a security regulated offshore facility—at any time and without notice; or

                     (b)  otherwise—after giving the offshore facility operator for the facility concerned reasonable notice.

             (4)  However, in exercising a power under this section, a duly authorised officer must not subject a person to greater indignity than is necessary and reasonable for the exercise of the power.

             (5)  Also, in exercising a power under this section within the boundaries of a security regulated offshore facility, a duly authorised officer must take account of occupational health and safety requirements under the laws of the Commonwealth, a State or Territory applying at the facility.

149  Offence—hindering or obstructing a duly authorised officer

             (1)  A person commits an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct hinders or obstructs a duly authorised officer in the exercise of a power in accordance with this Division.

Penalty:  50 penalty units.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subsection (1) is an offence of strict liability.

Division 4Law enforcement officers

150  Simplified overview of Division

This Division provides police and certain customs officers with special authority to:

               (a)     stop and search people, vehicles and vessels in maritime security zones and to stop and search people on security regulated ships and on ships regulated as offshore facilities;

              (b)     remove people from ships or maritime security zones if they do not leave when requested to do so;

               (c)     remove vehicles and vessels from maritime security zones if an officer is unable to have the vehicles or vessels removed by persons in control of them.

The Division establishes restrictions on this authority, such as requiring an officer to explain why a search is to be made and limiting the amount of force that may be used.

A person who does not leave when requested to do so by a law enforcement officer commits an offence, as does a person who hinders or obstructs an officer exercising powers under this Division.

151  Law enforcement officers

                   Each of the following who is on duty at a security regulated port or security regulated offshore facility is a law enforcement officer:

                     (a)  a member of the Australian Federal Police;

                     (b)  a member of the police force of a State or a Territory;

                     (c)  a customs officer who is prescribed in the regulations.

152  Access to ports by law enforcement officers

             (1)  A law enforcement officer may enter, and remain in, any part of a security regulated port at any time.

             (2)  However, before entering a part of a security regulated port that is under the control of a maritime industry participant, the law enforcement officer must:

                     (a)  identify himself or herself as a law enforcement officer to the participant; and

                     (b)  tell the participant why the officer is entering that part of the security regulated port.

152A  Access to offshore facilities by law enforcement officers

             (1)  A law enforcement officer may enter, and remain in, any part of a security regulated offshore facility at any time.

             (2)  However, before entering a part of a security regulated offshore facility that is under the control of an offshore industry participant, the law enforcement officer must:

                     (a)  identify himself or herself as a law enforcement officer to the participant; and

                     (b)  tell the participant why the officer is entering that part of the security regulated offshore facility.

153  Stopping and searching people

             (1)  If a law enforcement officer reasonably believes that it is necessary to do so for the purposes of safeguarding against unlawful interference with maritime transport or offshore facilities, the law enforcement officer may stop a person who is within a maritime security zone, on a security regulated ship or on a ship regulated as an offshore facility and conduct an ordinary search or a frisk search of the person.

             (2)  If a law enforcement officer stops a person under subsection (1), the officer must:

                     (a)  identify himself or herself as a law enforcement officer to the person; and

                     (b)  tell the person why the person has been stopped; and

                     (c)  if the person is to be searched—tell the person why the person is to be searched.

             (3)  A person commits an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct hinders or obstructs a law enforcement officer in the exercise of a power under subsection (1).

Penalty for an offence against this subsection: Imprisonment for 2 years.

154  Stopping and searching vehicles

             (1)  If a law enforcement officer reasonably believes that it is necessary to do so for the purposes of safeguarding against unlawful interference with maritime transport or offshore facilities, the law enforcement officer may do either or both of the following within a maritime security zone:

                     (a)  require the driver of a vehicle to stop the vehicle;

                     (b)  search the vehicle.

             (2)  If a law enforcement officer stops a vehicle under subsection (1), the law enforcement officer must:

                     (a)  identify himself or herself as a law enforcement officer to the driver of the vehicle; and

                     (b)  tell the driver why the vehicle has been stopped; and

                     (c)  if the vehicle is to be searched—tell the driver why the vehicle is to be searched.

             (3)  Before a law enforcement officer searches a vehicle under subsection (1) that was not stopped by the officer, the officer must, if there is a driver or person in control of the vehicle present:

                     (a)  identify himself or herself as a law enforcement officer to the driver or person; and

                     (b)  tell the driver or person why the vehicle is to be searched.

             (4)  A person commits an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct hinders or obstructs a law enforcement officer in the exercise of a power under subsection (1).

Penalty for an offence against this subsection: Imprisonment for 2 years.

155  Stopping and searching vessels

             (1)  If a law enforcement officer reasonably believes that it is necessary to do so for the purposes of safeguarding against unlawful interference with maritime transport or offshore facilities, the law enforcement officer may do either or both of the following within a maritime security zone:

                     (a)  require the person in control of a vessel to stop the vessel;

                     (b)  search the vessel.

             (2)  If a law enforcement officer stops a vessel under subsection (1), the law enforcement officer must:

                     (a)  identify himself or herself as a law enforcement officer to the person in control of the vessel; and

                     (b)  tell the person in control of the vessel why the vessel has been stopped; and

                     (c)  if the vessel is to be searched—tell the person in control of the vessel why the vessel is to be searched.

             (3)  Before a law enforcement officer searches a vessel under subsection (1) that was not stopped by the officer, the officer must, if there is a person in control of the vessel present:

                     (a)  identify himself or herself as a law enforcement officer to the person; and

                     (b)  tell the person why the vessel is to be searched.

             (4)  A person commits an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct hinders or obstructs a law enforcement officer in the exercise of a power under subsection (1).

Penalty for an offence against this subsection: Imprisonment for 2 years.

156  Requests to leave ships or zones

             (1)  If a law enforcement officer reasonably suspects that a person on a security regulated ship or on a ship regulated as an offshore facility is committing, or has committed, an offence against this Act, the officer may request the person to leave:

                     (a)  the ship; or

                     (b)  if the ship is within a maritime security zone—the zone.

             (2)  If a law enforcement officer reasonably suspects that a person within a maritime security zone is committing, or has committed, an offence against this Act, the officer may request the person to leave the zone.

             (3)  A person commits an offence if:

                     (a)  a request has been made to the person under subsection (1) or (2); and

                     (b)  the person fails to comply with the request.

Penalty:  50 penalty units.

             (4)  Subsection (3) is an offence of strict liability.

157  Removing people from ships or zones

             (1)  If:

                     (a)  a request to leave a ship or a zone has been made to a person under section 156; and

                     (b)  the person fails to comply with the request;

a law enforcement officer may remove the person from the ship or zone.

             (2)  A law enforcement officer must not use more force, or subject the person to greater indignity, than is necessary and reasonable to remove the person from the ship or zone.

158  Removing vehicles from zones

             (1)  If a law enforcement officer reasonably suspects that:

                     (a)  a vehicle in or near a maritime security zone presents a risk to maritime transport, or offshore facility, security; or

                     (b)  a vehicle is in a maritime security zone without proper authorisation;

the law enforcement officer may remove the vehicle.

             (2)  However, the law enforcement officer must not remove the vehicle without making reasonable efforts to have the person in control of the vehicle remove the vehicle.

             (3)  The law enforcement officer:

                     (a)  must not use more force, or subject a person to greater indignity, than is necessary and reasonable to remove the vehicle; and

                     (b)  must make reasonable efforts to avoid damaging the vehicle.

159  Removing vessels from zones

             (1)  If a law enforcement officer reasonably suspects that:

                     (a)  a vessel in or near a maritime security zone presents a risk to maritime transport, or offshore facility, security; or

                     (b)  a vessel is in a maritime security zone without proper authorisation;

the law enforcement officer may remove the vessel.

             (2)  However, the law enforcement officer must not remove the vessel without making reasonable efforts to have the person in control of the vessel remove the vessel.

             (3)  The law enforcement officer:

                     (a)  must not use more force, or subject a person to greater indignity, than is necessary and reasonable to remove the vessel; and

                     (b)  must make reasonable efforts to avoid damaging the vessel.

160  Other law enforcement powers not affected

                   This Act does not, by implication, limit the exercise of the powers a law enforcement officer has apart from this Act.

Division 5Maritime security guards

161  Simplified overview of Division

This Division provides maritime security guards with limited powers to:

               (a)     request people to produce identification and state reasons for being in maritime security zones; and

              (b)     restrain and detain people; and

               (c)     remove unauthorised people from maritime security zones if they do not leave when requested to do so; and

              (d)     remove unauthorised vehicles and vessels from maritime security zones if a guard is unable to have the vehicles or vessels removed by persons in control of them.

The Division establishes restrictions on these powers, such as limiting the amount of force that may be used. The power to detain a person is also restricted to the period before the person can be dealt with by a law enforcement officer.

Regulations must establish requirements to be met before a person can become a maritime security guard.

162  Maritime security guards

             (1)  A maritime security guard is a person who:

                     (a)  satisfies the training and qualification requirements and any other requirements prescribed in the regulations for maritime security guards; and

                     (b)  is on duty at a security regulated port, on a security regulated ship or on a security regulated offshore facility; and

                     (c)  is not a law enforcement officer.

             (2)  The regulations must prescribe the following for maritime security guards:

                     (a)  training and qualification requirements;

                     (b)  requirements in relation to the form, issue and use of identity cards.

             (3)  The regulations may prescribe the following for maritime security guards:

                     (a)  requirements in relation to uniforms;

                     (b)  any other requirements.

163  Maritime security guards’ power to physically restrain persons

             (1)  A maritime security guard may physically restrain a person if:

                     (a)  the maritime security guard reasonably suspects that the person is committing, or has committed, an offence against this Act; and

                     (b)  the maritime security guard reasonably believes it is necessary to do so in order to:

                              (i)  ensure that a person who is not cleared is not in a cleared area; or

                             (ii)  maintain the integrity of a maritime security zone.

             (2)  If a person is restrained under subsection (1), the maritime security guard may detain the person until the person can be dealt with by a law enforcement officer.

             (3)  In exercising a power under subsection (1) or (2), a maritime security guard must not use more force, or subject a person to greater indignity, than is necessary and reasonable.

163A  Maritime security guards’ power to request information

Power to require production of ID

             (1)  A maritime security guard may request any person found in a maritime security zone to produce identification.

             (2)  A person commits an offence if:

                     (a)  a maritime security guard has made a request to the person under subsection (1); and

                     (b)  the guard has identified himself or herself as a maritime security guard to the person; and

                     (c)  the guard has informed the person of the guard’s authority to make the request; and

                     (d)  the guard has informed the person that it may be an offence not to comply with the request; and

                     (e)  the person fails to comply with the request.

Penalty:  20 penalty units.

             (3)  Subsection (2) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

Power to require persons to state reason for being in zone

             (4)  If:

                     (a)  a person is in a maritime security zone; and

                     (b)  a maritime security guard believes, on reasonable grounds, that the person is not:

                              (i)  a maritime security inspector; or

                             (ii)  a duly authorised officer; or

                            (iii)  a law enforcement officer; or

                            (iv)  a member of the Australian Defence Force; or

                             (v)  a person who is authorised by a law of the Commonwealth, State or Territory to enter a maritime security zone; or

                            (vi)  a person of a kind prescribed in the regulations for the purposes of this subparagraph;

the maritime security guard may request the person to state his or her reason for being in the zone.

             (5)  A person commits an offence if:

                     (a)  a request has been made to the person under subsection (4); and

                     (b)  the guard has identified himself or herself as a maritime security guard to the person; and

                     (c)  the guard has informed the person of the guard’s authority to make the request; and

                     (d)  the guard has informed the person that it may be an offence not to comply with the request; and

                     (e)  the person fails to comply with the request.

Penalty:  20 penalty units.

             (6)  Subsection (5) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).

163B  Requests to leave maritime security zones

             (1)  If a maritime security guard reasonably suspects that a person is within a maritime security zone without proper authorisation, the guard may request the person to leave the zone.

             (2)  A person commits an offence if:

                     (a)  a request has been made to the person under subsection (1); and

                     (b)  the guard has identified himself or herself as a maritime security guard to the person; and

                     (c)  the guard has informed the person of the guard’s authority to make the request; and

                     (d)  the guard has informed the person that it may be an offence not to comply with the request; and

                     (e)  the person fails to comply with the request.

Penalty:  20 penalty units.

             (3)  Subsection (2) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

             (4)  Subsection (2) is an offence of strict liability.

163C  Maritime security guards’ power to remove people from zones

             (1)  If:

                     (a)  a request to leave a maritime security zone has been made to a person under subsection 163B(1); and

                     (b)  the guard has done the things mentioned in paragraphs 163B(2)(b), (c) and (d); and

                     (c)  the person fails to comply with the request;

the guard may remove the person from the zone.

             (2)  A maritime security guard must not use more force, or subject the person to greater indignity, than is necessary and reasonable to remove the person from the zone.

163D  Maritime security guards’ power to remove vehicles from zones

             (1)  A maritime security guard may remove, or cause to be removed, a vehicle from a maritime security zone if the guard reasonably suspects that the vehicle is in the zone without proper authorisation.

             (2)  However, a vehicle must not be removed under this section without the maritime security guard making reasonable efforts to have the person in control of the vehicle remove the vehicle.

             (3)  The maritime security guard must ensure that:

                     (a)  no more force than is necessary and reasonable to remove the vehicle is used; and

                     (b)  a person is not subjected to greater indignity than is necessary and reasonable to remove the vehicle; and

                     (c)  reasonable efforts are taken to avoid damaging the vehicle.

             (4)  If a vehicle is removed under this section, the maritime security guard must make reasonable efforts to notify:

                     (a)  the vehicle’s owner; and

                     (b)  persons of a kind (if any) prescribed in the regulations;

about the vehicle’s removal and the vehicle’s new location.

             (5)  If a person reasonably incurs costs or expenses in relation to the vehicle’s removal, relocation or storage under this section, the vehicle’s owner is liable to pay to the person an amount equal to those costs and expenses. This amount:

                     (a)  may be recovered by the person as a debt due to the person in a court of competent jurisdiction; and

                     (b)  must not be such as to amount to taxation.

             (6)  The regulations may make provision for:

                     (a)  the disposal, through sale or otherwise, of unclaimed vehicles; and

                     (b)  the manner in which the proceeds of any sale are to be distributed.

163E  Maritime security guards’ power to remove vessels from zones

             (1)  A maritime security guard may remove, or cause to be removed, a vessel, other than a security regulated ship or a ship regulated as an offshore facility, from a maritime security zone if the guard reasonably suspects that the vessel is in the zone without proper authorisation.

             (2)  However, a vessel must not be removed under this section without the maritime security guard making reasonable efforts to have the person in control of the vessel remove the vessel.

             (3)  The maritime security guard must ensure that:

                     (a)  no more force than is necessary and reasonable to remove the vessel is used; and

                     (b)  a person is not subjected to greater indignity than is necessary and reasonable to remove the vessel; and

                     (c)  reasonable efforts are taken to avoid damaging the vessel.

             (4)  If a vessel is removed under this section, the maritime security guard must make reasonable efforts to notify:

                     (a)  the vessel’s owner; and

                     (b)  persons of a kind (if any) prescribed in the regulations;

about the vessel’s removal and the vessel’s new location.

             (5)  If a person reasonably incurs costs or expenses in relation to the vessel’s removal, relocation or storage under this section, the vessel’s owner is liable to pay to the person an amount equal to those costs and expenses. This amount:

                     (a)  may be recovered by the person as a debt due to the person in a court of competent jurisdiction; and

                     (b)  must not be such as to amount to taxation.

             (6)  The regulations may make provision for:

                     (a)  the disposal, through sale or otherwise, of unclaimed vessels; and

                     (b)  the manner in which the proceeds of any sale are to be distributed.

Division 6Screening officers

164  Simplified overview of Division

A screening officer may request a person to remove items of clothing for screening purposes—but may not require this. However, if a person refuses to comply with such a request and the screening officer is unable to screen the person properly, the screening officer must refuse to allow the person to pass the screening point.

A person may choose, or may be requested by a screening officer, to undergo a frisk search.

To protect the integrity of screening processes, screening officers are provided with similar restraint and detention powers to those of maritime security guards.

165  Screening officers

             (1)  A person who is authorised or required to conduct screening is a screening officer.

             (2)  The regulations must prescribe the following for screening officers:

                     (a)  training and qualification requirements;

                     (b)  requirements in relation to the form, issue and use of identity cards.

             (3)  The regulations may prescribe the following for screening officers:

                     (a)  requirements in relation to uniforms;

                     (b)  any other requirements.

166  Screening powers

             (1)  If a screening officer considers it necessary in order to screen a person properly, the screening officer may request the person to remove any item of the person’s clothing.

             (2)  The screening officer must not:

                     (a)  require the person to remove any clothing; or

                     (b)  remove or cause the removal of any of the person’s clothing.

Penalty:  50 penalty units.

             (3)  Subsection (2) does not apply if the officer has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

             (4)  Subsection (2) is an offence of strict liability.

             (5)  If:

                     (a)  a screening officer requests a person to remove an item of clothing under subsection (1); and

                     (b)  the person refuses to comply with the request; and

                     (c)  the person refuses to be screened in a private room by a screening officer of the same sex as the person; and

                     (d)  the refusals mean that it is not possible to screen the person properly;

the screening officer must refuse to allow the person to pass through the screening point.

166A  Screening powers—frisk search as an alternative screening procedure

                   If a person chooses to undergo a frisk search as an alternative to another screening procedure, a screening officer may frisk search the person to the extent necessary to screen the person properly.

166B  Screening powers—frisk search as an additional screening procedure

             (1)  If:

                     (a)  a person undergoes a screening procedure; and

                     (b)  the results of that procedure indicate that additional screening procedures are necessary in order to screen the person properly;

a screening officer may request the person to undergo a frisk search.

             (2)  If a screening officer conducts a frisk search following a request under subsection (1), the screening officer may conduct the search only to the extent necessary to complete the proper screening of the person.

             (3)  A screening officer must not:

                     (a)  require a person to undergo a frisk search under this section; or

                     (b)  conduct a frisk search of a person under this section without the person’s consent; or

                     (c)  contravene subsection (2).

Penalty:  50 penalty units.

             (4)  Subsection (3) does not apply if the officer has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

             (5)  An offence against subsection (3) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (6)  If:

                     (a)  a screening officer requests a person to undergo a frisk search under subsection (1); and

                     (b)  the person refuses to comply with the request; and

                     (c)  the person refuses:

                              (i)  to be screened in a private room by a screening officer of the same sex as the person; or

                             (ii)  to undergo a frisk search during that screening; and

                     (d)  the refusals mean that it is not possible to screen the person properly;

the screening officer must refuse to allow the person to pass through the screening point.

166C  Screening powers—frisk search general power

             (1)  If a screening officer considers it necessary in order to screen a person properly, the screening officer may request the person to undergo a frisk search.

             (2)  If a screening officer conducts a frisk search following a request under subsection (1), the screening officer may conduct the search only to the extent necessary to complete the proper screening of the person.

             (3)  A screening officer must not:

                     (a)  require a person to undergo a frisk search under this section; or

                     (b)  conduct a frisk search of a person under this section without the person’s consent; or

                     (c)  contravene subsection (2).

Penalty:  50 penalty units.

             (4)  Subsection (3) does not apply if the officer has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

             (5)  An offence against subsection (3) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (6)  If:

                     (a)  a screening officer requests a person to undergo a frisk search under subsection (1); and

                     (b)  the person refuses to comply with the request; and

                     (c)  the person refuses to undergo a frisk search in a private room by a screening officer of the same sex as the person; and

                     (d)  the refusals mean that it is not possible to screen the person properly;

the screening officer must refuse to allow the person to pass through the screening point.

167  Screening officers’ power to physically restrain persons

             (1)  A screening officer may physically restrain a person if:

                     (a)  the screening officer reasonably suspects that the person is committing, or has committed, an offence against this Act; and

                     (b)  the screening officer reasonably believes it is necessary to do so in order to:

                              (i)  ensure that a person who is not cleared is not in a cleared area; or

                             (ii)  maintain the integrity of a cleared area.

             (2)  If a person is restrained under subsection (1), the screening officer may detain the person until the person can be dealt with by a law enforcement officer.

168  Exercise of powers by screening officers

                   In exercising a power under this Division, a screening officer must not use more force, or subject a person to greater indignity, than is necessary and reasonable.

Part 9Reporting maritime transport or offshore facility security incidents

Division 1Simplified overview of Part

169  Simplified overview of Part

It is important, for the security of maritime transport and offshore facilities, to ensure that all maritime transport or offshore facility security incidents are appropriately reported.

This Part establishes requirements to report maritime transport or offshore facility security incidents and provides for the form and content of such reports.

Division 2Meaning of maritime transport or offshore facility security incident

170  Meaning of maritime transport or offshore facility security incident

             (1)  If a threat of unlawful interference with maritime transport or offshore facilities is made and the threat is, or is likely to be, a terrorist act, the threat is a maritime transport or offshore facility security incident.

             (2)  If an unlawful interference with maritime transport or offshore facilities is, or is likely to be, a terrorist act, the unlawful interference is a maritime transport or offshore facility security incident.

Division 3Certain people must report incidents

171  Port operators

             (1)  A port operator commits an offence if:

                     (a)  the port operator becomes aware of a maritime transport or offshore facility security incident; and

                     (b)  the port operator fails to report the incident as required by section 177 as soon as possible.

Penalty:  200 penalty units.

             (2)  Subsection (1) does not apply in relation to a report that must be made to a particular person if:

                     (a)  the port operator believes, on reasonable grounds, that the person is already aware of the incident; or

                     (b)  the port operator has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subsection (1) is an offence of strict liability.

172  Ship masters

             (1)  The master of a security regulated ship or a ship regulated as an offshore facility commits an offence if:

                     (a)  the master becomes aware of a maritime transport or offshore facility security incident; and

                     (b)  the master fails to report the incident as required by section 178 as soon as possible.

Penalty:  50 penalty units.

             (2)  Subsection (1) does not apply in relation to a report that must be made to a particular person if:

                     (a)  the master believes, on reasonable grounds, that the person is already aware of the incident; or

                     (b)  the master has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subsection (1) is an offence of strict liability.

173  Ship operators

             (1)  A ship operator for a security regulated ship commits an offence if:

                     (a)  the ship operator becomes aware of a maritime transport or offshore facility security incident; and

                     (b)  the ship operator fails to report the incident as required by section 179 as soon as possible.

Penalty:  200 penalty units.

             (2)  Subsection (1) does not apply in relation to a report that must be made to a particular person if:

                     (a)  the ship operator believes, on reasonable grounds, that the person is already aware of the incident; or

                     (b)  the ship operator has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subsection (1) is an offence of strict liability.

174  Port facility operators

             (1)  A port facility operator commits an offence if:

                     (a)  the port facility operator becomes aware of a maritime transport or offshore facility security incident; and

                     (b)  the port facility operator fails to report the incident as required by section 180 as soon as possible.

Penalty:  200 penalty units.

             (2)  Subsection (1) does not apply in relation to a report that must be made to a particular person if:

                     (a)  the port facility operator believes, on reasonable grounds, that the person is already aware of the incident; or

                     (b)  the port facility operator has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subsection (1) is an offence of strict liability.

174A  Offshore facility operators

             (1)  An offshore facility operator commits an offence if:

                     (a)  the offshore facility operator becomes aware of a maritime transport or offshore facility security incident; and

                     (b)  the offshore facility operator fails to report the incident as required by section 179A as soon as possible.

Penalty:  200 penalty units.

             (2)  Subsection (1) does not apply in relation to a report that must be made to a particular person if:

                     (a)  the offshore facility operator believes, on reasonable grounds, that the person is already aware of the incident; or

                     (b)  the offshore facility operator has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subsection (1) is an offence of strict liability.

175  Persons with incident reporting responsibilities

             (1)  A person with incident reporting responsibilities commits an offence if:

                     (a)  the person becomes aware of a maritime transport or offshore facility security incident; and

                     (b)  the person fails to report the incident as required by section 181 as soon as possible.

Penalty:  For a person with incident reporting responsibilities who is a maritime industry participant—100 penalty units.

              For any other person with incident reporting responsibilities—50 penalty units.

             (2)  Subsection (1) does not apply in relation to a report that must be made to a particular person (the person to be notified) if:

                     (a)  the person with incident reporting responsibilities believes, on reasonable grounds, that the person to be notified is already aware of the incident; or

                     (b)  the person with incident reporting responsibilities has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subsection (1) is an offence of strict liability.

             (4)  Each of the following is a person with incident reporting responsibilities:

                     (a)  a maritime security inspector;

                     (b)  a duly authorised officer;

                     (c)  a maritime security guard;

                     (d)  a screening officer;

                     (e)  a maritime industry participant other than a participant who is:

                              (i)  a port operator; or

                             (ii)  a port facility operator; or

                            (iii)  a ship operator; or

                          (iiia)  an offshore facility operator; or

                            (iv)  an employee (within the definition of employee in section 10) of a maritime industry participant.

176  Employees

             (1)  An employee of a maritime industry participant commits an offence if:

                     (a)  the employee becomes aware of a maritime transport or offshore facility security incident; and

                     (b)  the employee fails to report the incident to the maritime industry participant as soon as possible.

Penalty:  50 penalty units.

             (2)  Subsection (1) does not apply if the employee has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subsection (1) is an offence of strict liability.

Division 4Reporting requirements

177  Reporting by port operators

             (1)  A port operator must report maritime transport or offshore facility security incidents in accordance with this section.

             (2)  An incident that relates to the port of the port operator must be reported to:

                     (a)  the Secretary; and

                     (b)  the Australian Federal Police or the police force of a State or a Territory; and

                     (c)  if it relates to a part of the port that is controlled by another person—that other person; and

                     (d)  if it relates to operations conducted within the port (other than those conducted by the port operator)—the person who conducts those operations; and

                     (e)  if it relates to a security regulated ship within the port—the ship operator for, or the master of, the ship; and

                      (f)  if all or part of a security regulated offshore facility is within the port—the offshore facility operator for the facility.

             (3)  However, the port operator is not required to report under paragraph (2)(c), (d) or (e) if the incident:

                     (a)  relates to the port in general; and

                     (b)  is not specifically directed at:

                              (i)  in the case of an incident covered by paragraph (2)(c)—the part of the port controlled by that other person; or

                             (ii)  in the case of an incident covered by paragraph (2)(d)—those operations; or

                            (iii)  in the case of an incident covered by paragraph (2)(e)—that ship.

             (4)  An incident that relates to the port of another port operator must be reported to that other port operator.

             (5)  An incident that relates to a security regulated ship must be reported to:

                     (a)  the ship operator for the ship; or

                     (b)  the master of the ship.

             (6)  An incident that relates to a security regulated offshore facility must be reported to the offshore facility operator for the facility.

178  Reporting by ship masters

             (1)  The master of a security regulated ship or a ship regulated as an offshore facility must report maritime transport or offshore facility security incidents in accordance with this section.

             (2)  An incident that relates to the master’s ship must be reported to:

                     (a)  the Secretary; and

                     (b)  the Australian Federal Police or the police force of a State or a Territory; and

                     (c)  if the ship is within a security regulated port—the port operator for the port; and

                     (d)  if the ship is using a port facility within a security regulated port—the port facility operator for the port facility; and

                     (e)  if the ship is located in the vicinity of a security regulated offshore facility and is engaged in any activity in relation to the facility—the offshore facility operator for the facility.

             (3)  An incident that relates to a security regulated port (including a port facility within the port) must be reported to the port operator for the port.

             (4)  An incident that relates to another security regulated ship must be reported to:

                     (a)  the ship operator for the ship; or

                     (b)  the master of the ship.

             (5)  An incident that relates to a security regulated offshore facility must be reported to the offshore facility operator for the facility.

179  Reporting by ship operators

             (1)  The ship operator for a security regulated ship must report maritime transport or offshore facility security incidents in accordance with this section.

             (2)  An incident that relates to a security regulated ship of the ship operator must be reported to:

                     (a)  the Secretary; and

                     (b)  the Australian Federal Police or the police force of a State or a Territory; and

                     (c)  if the ship is within a security regulated port—the port operator for the port; and

                     (d)  if the ship is using a port facility within a security regulated port—the port facility operator for the port facility; and

                     (e)  if the ship is located in the vicinity of a security regulated offshore facility and is engaged in any activity in relation to the facility—the offshore facility operator for the facility.

             (3)  An incident that relates to a port must be reported to the port operator for the port.

             (4)  An incident that relates to another security regulated ship must be reported to:

                     (a)  the ship operator for the ship; or

                     (b)  the master of the ship.

             (5)  An incident that relates to a security regulated offshore facility must be reported to the offshore facility operator for the facility.

179A  Reporting by offshore facility operators

             (1)  The offshore facility operator for a security regulated offshore facility must report maritime transport or offshore facility security incidents in accordance with this section.

             (2)  An incident that relates to a security regulated offshore facility of the offshore facility operator must be reported to:

                     (a)  the Secretary; and

                     (b)  the Australian Federal Police or the police force of a State or a Territory; and

                     (c)  if the facility is within a security regulated port—the port operator for the port; and

                     (d)  if a security regulated ship is located in the vicinity of the facility and is engaged in any activity in relation to the facility—the ship operator for, or master of, the ship.

             (3)  An incident that relates to a port must be reported to the port operator for the port.

             (4)  An incident that relates to a security regulated ship must be reported to:

                     (a)  the ship operator for the ship; or

                     (b)  the master of the ship.

180  Reporting by port facility operators

             (1)  A port facility operator for a port facility within a security regulated port must report maritime transport or offshore facility security incidents in accordance with this section.

             (2)  An incident that relates to the port facility operator’s port facility must be reported to:

                     (a)  the Secretary; and

                     (b)  the Australian Federal Police or the police force of a State or a Territory; and

                     (c)  the port operator.

             (3)  An incident that relates to the port (apart from the port facility of the port facility operator) must be reported to the port operator.

             (4)  An incident that relates to another port must be reported to the port operator for that other port.

             (5)  An incident that relates to a security regulated ship must be reported to:

                     (a)  the ship operator for the ship; or

                     (b)  the master of the ship.

             (6)  An incident that relates to a security regulated offshore facility must be reported to the offshore facility operator for the facility.

181  Reporting by persons with incident reporting responsibilities

             (1)  A person with incident reporting responsibilities must report maritime transport or offshore facility security incidents in accordance with this section.

             (2)  Each incident must be reported to the Secretary.

             (3)  An incident that relates to a security regulated port must be reported to the port operator for the port.

             (4)  An incident that relates to a security regulated ship must be reported to:

                     (a)  the ship operator for the ship; or

                     (b)  the master of the ship.

             (5)  An incident that relates to a security regulated offshore facility must be reported to the offshore facility operator for the facility.

Division 5Form and content of reports

182  How reports are to be made

             (1)  The Secretary may, by legislative instrument, specify either or both of the following:

                     (a)  information that must be included in a report required by this Part;

                     (b)  the way in which the report must be made.

             (3)  If:

                     (a)  a person reports a maritime transport or offshore facility security incident; and

                     (b)  the report does not comply with any requirements that are in force under subsection (1) when the report is made;

the report is taken, for the purposes of this Part, not to have been made.

Part 10Information‑gathering

Division 1Simplified overview of Part

183  Simplified overview of Part

It is important, for the security of maritime transport and offshore facilities, for the Secretary to be able to collect certain information.

Division 2 gives the Secretary the power to require security compliance information but limits the use of the information in certain proceedings.

Division 2Secretary may require security compliance information

184  Secretary may require security compliance information

             (1)  Information that relates to compliance, or failure to comply, with this Act is security compliance information.

             (2)  If the Secretary believes, on reasonable grounds, that a maritime industry participant has security compliance information, the Secretary may, by written notice given to the participant, require the participant to give the information to the Secretary.

             (3)  The information must be given within the period and in the form and manner specified in the notice. The period must not be less than 14 days.

             (4)  Without limiting subsection (3), the Secretary may specify in the notice any one or more of the following ways for the participant to give the information:

                     (a)  orally;

                     (b)  in writing;

                     (c)  by electronic transmission.

             (5)  A person commits an offence if the person fails to comply with a notice under subsection (2).

Penalty:  45 penalty units.

             (6)  Subsection (5) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).

             (7)  Subsection (5) is an offence of strict liability.

185  Self‑incrimination

             (1)  A person is not excused from giving security compliance information under section 184 on the ground that the information might tend to incriminate the person or expose the person to a penalty.

             (2)  However, if the person is a natural person:

                     (a)  the information; and

                     (b)  the giving of the information; and

                     (c)  any information, document or thing obtained as a direct or indirect consequence of giving the information;

are not admissible in evidence against the person in a criminal proceeding, or any other proceeding for the recovery of a penalty, other than a proceeding under section 137.1 or 137.2 of the Criminal Code that relates to the giving of the information.

Part 11Enforcement

Division 1Simplified overview of Part

186  Simplified overview of Part

To ensure that persons comply with their obligations under this Act, many provisions throughout the Act provide for criminal offences. To provide flexibility in enforcing this Act, there is also a range of enforcement options that can be used as an alternative to, or in addition to, criminal prosecution. These enforcement options are covered by this Part.

The enforcement options (and the relevant Divisions) are as follows:

               (a)     infringement notices (Division 2);

              (b)     enforcement orders (Division 3);

               (c)     ship enforcement orders for regulated Australian ships (Division 4);

              (d)     injunctions (Division 5);

               (e)     demerit points system (Division 6).

Division 2Infringement notices

187  Infringement notices

             (1)  The regulations may make provision enabling a person who is alleged to have committed an offence against this Act, other than an offence against subsection 43(1), 62(1), 100C(1), 120(3), 121(3), 127(3), 128(3), 153(3), 154(4), 155(4), 163A(2) or 163A(5), or section 123 or 130, to pay a penalty to the Commonwealth as an alternative to prosecution.

             (2)  The penalty must not exceed one‑fifth of the maximum fine that a court could impose on the person as a penalty for that offence.

Division 3Enforcement orders for maritime industry participants

188  Simplified overview of Division

The Secretary may make enforcement orders requiring a specified person to take specified actions, where the Secretary is of the opinion that the person has contravened this Act.

A person who contravenes an enforcement order may be subject to an injunction.

189  Secretary may make enforcement orders

             (1)  The Secretary may make a written order (an enforcement order) under this section:

                     (a)  prohibiting or restricting specified activities by the maritime industry participant named in the enforcement order; or

                     (b)  requiring the maritime industry participant named in the enforcement order to take specified action.

             (2)  The Secretary may only make an enforcement order under this section if he or she reasonably believes that:

                     (a)  the maritime industry participant named in the enforcement order has contravened this Act; and

                     (b)  it is necessary to make the order to safeguard against unlawful interference with maritime transport or offshore facilities.

             (3)  The enforcement order must:

                     (a)  bear a clear and direct relationship to the contravention; and

                     (b)  be proportionate to the contravention.

             (4)  The enforcement order must not require the payment of money to the Secretary (or any other person) other than an amount of money that is already recoverable at law.

190  Commencement and duration of enforcement orders

             (1)  An enforcement order comes into force:

                     (a)  if a commencement time that is after the day on which the order is given to the maritime industry participant concerned is specified in the order—at that time; or

                     (b)  otherwise—at the beginning of the seventh day after it is given to the maritime industry participant concerned.

             (2)  The order remains in force:

                     (a)  for the period (if any) specified in the order; or

                     (b)  until it is revoked by the Secretary.

191  Reviews of enforcement orders

             (1)  The Secretary must:

                     (a)  at intervals of not more than 3 months, review the enforcement order; and

                     (b)  after each review, confirm, vary or revoke the order by instrument in writing.

             (2)  The Secretary must revoke the order unless he or she is satisfied that the order is still needed to safeguard against unlawful interference with maritime transport or offshore facilities.

             (3)  The Secretary must not vary the order unless he or she is satisfied that the order as varied:

                     (a)  adequately safeguards against unlawful interference with maritime transport or offshore facilities; and

                     (b)  meets the requirements set out in subsections 189(3) and (4).

             (4)  If an order is varied, the order continues in force as varied.

192  Notice of enforcement orders

             (1)  As soon as practicable after making or reviewing an enforcement order, the Secretary must cause the maritime industry participant named in the order to be informed of the making of the order, or the decision on the review, as the case requires.

             (2)  Failure to comply with this section does not affect the validity of the order.

193  Complying with enforcement orders

             (1)  A person must not engage in conduct that contravenes an enforcement order.

             (2)  If a person contravenes subsection (1), the person does not commit an offence but may be subject to an injunction under section 197.

Division 4Ship enforcement orders for regulated Australian ships

194  Simplified overview of Division

The Secretary may give a ship enforcement order to the ship operator for, or the master of, a regulated Australian ship, where the Secretary is of the opinion that the ship has operated in contravention of this Act.

A ship operator or master who contravenes an enforcement order may be subject to an injunction.

195  Ship enforcement orders—regulated Australian ships

             (1)  The Secretary may give a direction to:

                     (a)  the ship operator for a regulated Australian ship; or

                     (b)  the master of the ship;

requiring the ship operator or master to take specified action, or refrain from taking specified action, in relation to the ship.

             (2)  A direction under subsection (1) is a ship enforcement order.

             (3)  The Secretary may only give a ship enforcement order if he or she reasonably believes that:

                     (a)  the regulated Australian ship named in the ship enforcement order has operated in contravention of this Act; and

                     (b)  the ship enforcement order is necessary to safeguard against unlawful interference with maritime transport or offshore facilities.

             (4)  The ship enforcement order must:

                     (a)  bear a clear and direct relationship to the contravention; and

                     (b)  be proportionate to the contravention.

             (5)  The action that a ship operator or master may be directed to take under subsection (1) includes, but is not limited to, the following:

                     (a)  removing the ship from specified waters;

                     (b)  removing the ship from a security regulated port;

                     (c)  moving the ship within a security regulated port;

                    (ca)  removing the ship from an offshore security zone;

                   (cb)  if the ship is located in the vicinity of a security regulated offshore facility and is engaged in any activity in relation to the facility—removing the ship from the vicinity of the facility;

                     (d)  holding the ship in a particular position for a specified period or until a specified event occurs;

                     (e)  taking particular actions, or ensuring that particular actions are taken, on board the ship;

                      (f)  allowing a maritime security inspector on board the ship to inspect the ship or ship security records carried by the ship.

             (6)  A ship enforcement order has no effect unless the Secretary commits the direction to writing before giving it.

196  Enforcing ship enforcement orders

             (1)  The ship operator for a regulated Australian ship must not engage in conduct that contravenes a ship enforcement order that relates to the ship.

             (2)  If a ship operator contravenes subsection (1), the ship operator may be subject to an injunction under section 197.

             (3)  The master of a regulated Australian ship must not engage in conduct that contravenes a ship enforcement order that relates to the ship.

             (4)  If the master of a ship contravenes subsection (3), the master may be subject to an injunction under section 197.

Division 5Injunctions

197  Injunctions

             (1)  If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Act, the Federal Court may, on the application of the Secretary, grant an injunction:

                     (a)  restraining the person from engaging in the conduct; or

                     (b)  requiring the person to do an act or thing.

             (2)  On an application, the court may, if it thinks it appropriate, grant an injunction by consent of all parties to the proceedings, whether or not the court is satisfied that the person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Act.

             (3)  The court may, if it thinks it desirable, grant an interim injunction pending its determination of an application.

             (4)  The court is not to require the Secretary or anyone else, as a condition of granting an interim injunction, to give an undertaking as to damages.

             (5)  The court may discharge or vary an injunction it has granted.

             (6)  The power to grant or vary an injunction restraining a person from engaging in conduct may be exercised:

                     (a)  whether or not it appears to the court that the person intends to engage again, or to continue to engage, in such conduct; and

                     (b)  whether or not the person has previously engaged in such conduct.

             (7)  The power to grant or vary an injunction requiring a person to do an act or thing may be exercised:

                     (a)  whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and

                     (b)  whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.

Division 6Demerit points system

198  Demerit points system

                   The regulations may, in accordance with this Division, establish a system (the demerit points system) under which the approval of a maritime security plan, a ship security plan or an offshore security plan may be cancelled.

199  Demerit points—maritime security plans

             (1)  The demerit points system may provide that the approval of a maritime security plan of a maritime industry participant may be cancelled if the maritime industry participant accrues a prescribed number of demerit points.

Note:          Section 58 deals with the cancellation of the approval of maritime security plans under the demerit points system.

             (2)  Demerit points must only be accrued if the maritime industry participant:

                     (a)  is convicted or found guilty of an offence against this Act; or

                     (b)  under a scheme established under regulations made under section 187, pays a penalty to the Commonwealth as an alternative to prosecution.

             (3)  Without limiting the scheme that may be established under section 198, the scheme may provide that different provisions apply to different kinds of maritime industry participants or to different classes of participants within a kind of maritime industry participant.

200  Demerit points—ship security plans

             (1)  The demerit points system may provide that the approval of a ship security plan may be cancelled if the number of demerit points prescribed by the regulations is accumulated in respect of the ship.

Note:          Section 77 deals with the cancellation of the approval of ship security plans under the demerit points system.

             (2)  The demerit points system must only allow demerit points to be accumulated in respect of the ship if a ship operator:

                     (a)  is convicted or found guilty of an offence against section 62 or 63 in respect of the ship; or

                     (b)  under a scheme established under regulations made under section 187, pays a penalty to the Commonwealth as an alternative to prosecution for an offence against section 63 in respect of the ship.

             (3)  Without limiting the scheme that may be established under section 198, the scheme may provide that different provisions apply to different kinds of ships or to different classes of ships within a kind of ship.

200A  Demerit points—offshore security plans

             (1)  The demerit points system may provide that the approval of an offshore security plan of an offshore industry participant may be cancelled if the offshore industry participant accrues a prescribed number of demerit points.

Note:          Section 100R deals with the cancellation of the approval of offshore security plans under the demerit points system.

             (2)  Demerit points must only be accrued if the offshore industry participant:

                     (a)  is convicted or found guilty of an offence against this Act; or

                     (b)  under a scheme established under regulations made under section 187, pays a penalty to the Commonwealth as an alternative to prosecution.

             (3)  Without limiting the scheme that may be established under section 198, the scheme may provide that different provisions apply to different kinds of offshore industry participants or to different classes of participants within a kind of offshore industry participant.

Part 12Review of decisions

  

201  Review of decisions by Administrative Appeals Tribunal

                   Application may be made to the Administrative Appeals Tribunal for a review of a decision by the Secretary:

                     (a)  to refuse to approve a maritime security plan under subsection 51(2) or (4), a ship security plan under subsection 70(2) or (4) or an offshore security plan under subsection 100K(2) or (4); or

                    (aa)  to refuse to approve a variation of a maritime security plan under subsection 52A(5) or (7), a ship security plan under subsection 71A(4) or (6) or an offshore security plan under subsection 100LA(5) or (7); or

                     (b)  to direct a maritime industry participant or ship operator to vary a plan under section 53, 72 or 100M; or

                     (c)  to direct a maritime industry participant or ship operator to revise a plan under section 55, 74 or 100O; or

                     (d)  to cancel the approval of a maritime security plan, a ship security plan or an offshore security plan under section 57, 58, 76, 77, 100Q or 100R; or

                   (da)  to refuse to grant an exemption under section 61A or 79A; or

                     (e)  to refuse an interim ISSC under section 86 or 100ZC; or

                      (f)  to declare that a particular port, or a part of a particular port, is a security regulated port under subsection 13(1); or

                     (g)  to designate a person as a port operator under section 14; or

                    (ga)  to declare that one of the following is a security regulated offshore facility under subsection 17B(1):

                              (i)  an offshore facility;

                             (ii)  a part of an offshore facility;

                            (iii)  a group of offshore facilities;

                            (iv)  parts of a group of offshore facilities; or

                   (gb)  to designate a person as an offshore facility operator under section 17C; or

                     (h)  to establish a port security zone under section 102; or

                      (i)  to declare, under section 106, that a ship security zone is to operate around a security regulated ship; or

                      (j)  to establish an on‑board security zone under section 110; or

                     (k)  to establish an offshore security zone under section 113A.

Note:          Section 27A of the Administrative Appeals Tribunal Act 1975 requires the decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed. In so notifying, the decision‑maker must have regard to the Code of Practice determined under section 27B of that Act.

Part 13Miscellaneous

  

202  Delegation

             (1)  The Secretary may, by writing, delegate all or any of his or her powers and functions under this Act to a person of the following kind:

                     (a)  an SES employee, or acting SES employee, in the Department;

                     (b)  an SES employee in the Attorney‑General’s Department;

                     (c)  the Agency Head of an Agency that carries on activities that relate to national security.

          (1A)  However, a delegation under paragraph (1)(c) has no effect unless the Agency Head of the Agency agrees to the delegation.

             (2)  The Secretary may, by writing, delegate all or any of his or her powers and functions under this Act, other than powers or functions under Division 3 of Part 11, to an APS employee who holds, or is acting in, an Executive Level 2, or equivalent, position in the Department.

Note:          The Secretary may delegate his or her powers and functions under Part 4 to a person engaged by a recognised security organisation: see section 88.

             (3)  In exercising powers or functions under a delegation, the delegate must comply with any directions of the Secretary.

             (4)  In this section:

Attorney‑General’s Department means the Department administered by the Minister who administers the Crimes Act 1914.

202A  Sub‑delegation

             (1)  If the Secretary delegates a power or function to the Agency Head of an Agency under paragraph 202(1)(c), the Agency Head may, by writing, sub‑delegate the power or function to an SES Band 3 employee in the Agency.

             (2)  Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to the sub‑delegation in a corresponding way to the way in which they apply to a delegation.

             (3)  In exercising powers or functions under a sub‑delegation, the delegate must comply with any directions of the Agency Head of the Agency.

             (4)  An SES Band 3 employee is an SES employee with a classification of Senior Executive Band 3, and includes an SES employee who has been temporarily assigned duties that have been allocated a classification of Senior Executive Band 3.

203  Compensation for damage to electronic equipment

             (1)  This section applies if:

                     (a)  as a result of electronic equipment being operated as mentioned in section 139, 140A, 141, 148 or 148A:

                              (i)  damage is caused to the equipment; or

                             (ii)  the data recorded on the equipment is damaged; or

                            (iii)  programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and

                     (b)  the damage or corruption occurs because:

                              (i)  insufficient care was exercised in selecting the person who was to operate the equipment; or

                             (ii)  insufficient care was exercised by the person operating the equipment.

             (2)  The Commonwealth is liable to pay the owner of the equipment, or the user of the data or programs, compensation of a reasonable amount to the person in respect of the damage or corruption.

             (3)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may take proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.

             (4)  In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.

             (5)  Compensation is payable out of money appropriated by the Parliament.

204  Compensation for acquisition of property

             (1)  If:

                     (a)  apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and

                     (b)  the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;

then the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.

             (2)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may take proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.

             (3)  Compensation is payable out of money appropriated by the Parliament.

205  Compensation for unnecessary delay—paid by the Commonwealth

             (1)  If:

                     (a)  the Secretary gives:

                              (i)  a control direction to a regulated foreign ship (see Division 3 of Part 5); or

                             (ii)  a ship enforcement order to a regulated Australian ship (see Division 4 of Part 11); and

                     (b)  the ship is delayed because the ship complies with the direction or order; and

                     (c)  the delay is unreasonable in the circumstances;

the Commonwealth is liable to pay compensation of a reasonable amount to the ship operator for the ship in respect of the delay.

             (2)  If the Commonwealth and the ship operator do not agree on the amount of the compensation, the ship operator may take proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.

             (3)  Compensation is payable out of money appropriated by the Parliament.

206  Compensation for inspection and detention—paid by ship operators or other persons

             (1)  If:

                     (a)  a person fails to comply with this Act; and

                     (b)  because of that failure a ship is detained or inspected; and

                     (c)  the detention or inspection is reasonable in the circumstances; and

                     (d)  the Commonwealth incurs costs in connection with the detention or inspection;

the person is liable to pay compensation of a reasonable amount to the Commonwealth in respect of the detention or inspection.

             (2)  If the Commonwealth and the person do not agree on the amount of the compensation, the Commonwealth may take proceedings in the Federal Court for the recovery from the person of such reasonable amount of compensation as the Court determines.

             (3)  If:

                     (a)  a security regulated ship (the non‑complying ship) fails to comply with this Act; and

                     (b)  because of that failure, the non‑complying ship or another ship is detained or inspected; and

                     (c)  the detention or inspection is reasonable in the circumstances; and

                     (d)  the Commonwealth incurs costs in connection with the detention or inspection;

the ship operator for the non‑complying ship is liable to pay compensation of a reasonable amount to the Commonwealth in respect of the detention or inspection.

             (4)  If the Commonwealth and the ship operator do not agree on the amount of the compensation, the Commonwealth may take proceedings in the Federal Court for the recovery from the ship operator of such reasonable amount of compensation as the Court determines.

207  Saving of other laws

                   This Act does not affect an immunity or privilege that is conferred by or under the Consular Privileges and Immunities Act 1972, the Defence (Visiting Forces) Act 1963, the Diplomatic Privileges and Immunities Act 1967, the Foreign States Immunities Act 1985 or any other Act.

208  Severability—additional effect of Act

             (1)  Without limiting its effect apart from this section, this Act also has effect as provided by this section.

             (2)  This Act also has the effect that it would have if its operation were expressly confined to acts or omissions of corporations to which paragraph 51(xx) of the Constitution applies.

             (3)  This Act also has the effect that it would have if its operation were expressly confined to acts or omissions that occur at Commonwealth places.

             (4)  This Act also has the effect that it would have if its operation were expressly confined to acts or omissions taking place in the course of, or in relation to, trade or commerce:

                     (a)  between Australia and places outside Australia; or

                     (b)  among the States; or

                     (c)  within a Territory, between a State and a Territory or between 2 Territories.

             (5)  This Act also has the effect that it would have if its operation were expressly confined to acts or omissions taking place in a Territory.

             (6)  This Act also has the effect that it would have if its operation were expressly confined to acts or omissions taking place outside Australia.

             (7)  This Act also has the effect that it would have if its operation were expressly confined to matters:

                     (a)  in relation to which the Commonwealth is under an obligation under an international agreement; or

                     (b)  that are of international concern.

             (8)  This Act also has the effect that it would have if the provisions of this Act relating to security regulated offshore facilities or the acts or omissions of persons in, around or in relation to a security regulated offshore facility were expressly confined to cases where the facility is:

                     (a)  engaged or used in trade or commerce:

                              (i)  between Australia and places outside Australia; or

                             (ii)  among the States; or

                            (iii)  within a Territory, between a State and a Territory or between 2 Territories; or

                     (b)  operated or controlled by a corporation, or corporations, to which paragraph 51(xx) of the Constitution applies.

209  Regulations

             (1)  The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  Without limiting subsection (1), the regulations may:

                     (a)  prescribe fees in respect of matters under this Act (including the regulations); and

                     (b)  prescribe penalties of not more than 50 penalty units for offences against the regulations.

             (3)  Paragraph (2)(b) does not limit any provision in this Act that provides for the regulations to prescribe penalties higher than 50 penalty units.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

A = Act

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

Reg = Regulation/Regulations

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislative Instruments

rep = repealed

gaz = gazette

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Maritime Transport Security Act 2003

131, 2003

12 Dec 2003

ss. 20–40, 42–46, 61–65, 79, 80, 90–100, 105, 109, 113–133, 139, 141, 142, 146–200): 1 July 2004 (see Gazette 2004, No. GN11)
Remainder: Royal Assent

 

Maritime Transport Security Amendment Act 2005

67, 2005

26 June 2005

Schedule 1 (items 1, 2, 15–21, 23–28, 33–38, 40–42, 44–47, 58–60, 96, 97, 105, 145–155, 209–214, 217–225): 27 June 2005
Schedule 1 (items 3–14, 22, 29–32, 39, 43, 48–57, 61–95, 98–104, 106–144, 156–208, 215, 216): 30 Sept 2005 (see F2005L02681)
Schedule 2: (a)
Remainder: Royal Assent

Sch. 1 (items 218–225)

as amended by

 

 

 

 

Statute Law Revision Act 2007

8, 2007

15 Mar 2007

Schedule 2 (item 10): (b)

Offshore Petroleum (Repeals and Consequential Amendments) Act 2006

17, 2006

29 Mar 2006

Schedule 2 (items 44, 45): 1 July 2008 (see s. 2(1) and F2008L02273)

Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards and Other Measures) Act 2006

103, 2006

27 Sept 2006

Schedule 1 (item 1) and Schedule 2: 28 Sept 2006
Schedule 1 (items 2–4): 27 Mar 2007
Remainder: Royal Assent

Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act 2006

109, 2006

27 Sept 2006

Schedule 1: 6 Nov 2006 (see F2006L03565)
Schedule 2 (items 36, 37): Royal Assent

Sch. 1 (item 42)

Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008

117, 2008

21 Nov 2008

Schedule 3 (items 17, 18): 22 Nov 2008

Transport Security Amendment (2008 Measures No. 1) Act 2008

138, 2008

8 Dec 2008

Schedule 1 (items 12–59): 8 Feb 2009

Sch. 1 (items 29, 47)

Customs Legislation Amendment (Name Change) Act 2009

33, 2009

22 May 2009

Schedule 2 (items 38–41): 23 May 2009

Statute Law Revision Act 2010

8, 2010

1 Mar 2010

Schedule 5 (item 69): Royal Assent

Transport Security Legislation Amendment (2010 Measures No. 1) Act 2010

81, 2010

29 June 2010

Sch 1 (items 6–27): 30 June 2010 (s 2)

Sch 1 (item 27)

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Sch 2 (items 757–759) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 5, 12)

Sch 3 (items 10, 11)

Navigation (Consequential Amendments) Act 2012

129, 2012

13 Sept 2012

Sch 2 (items 28–33): 1 July 2013 (s 2(1) item 2)

Customs and Other Legislation Amendment (Australian Border Force) Act 2015

41, 2015

20 May 2015

Sch 5 (items 95–99) and Sch 9: 1 July 2015 (s 2(1) items 2, 7)

Sch 9

Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015

62, 2015

16 June 2015

Sch 2 (items 30–33) and Sch 4 (items 1–12(1), 13–51(5), 52–56(5), 57–61(1), 62–67, 69–83(2), 84): awaiting commencement (s 2(1) items 2, 4)
Sch 3: 16 June (s 2(1) item 3)

Sch 3 and Sch 4 (items 1–12(1), 13–51(5), 52–56(5), 57–61(1), 62–67, 69–83(2), 84)

 

(a)             Subsection 2(1) (items 2 and 25) of the Maritime Transport Security Amendment Act 2005 provide as follows:

                   (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

2.  Schedule 1, items 1 and 2

The day after this Act receives the Royal Assent.

27 June 2005

25.  Schedule 2

Immediately after the commencement of the provisions covered by table item 2.

27 June 2005

(b)             Subsection 2(1) (item 35) of the Statute Law Revision Act 2007 provides as follows:

                   (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Provision(s)

Commencement

Date/Details

35.  Schedule 2, item 10

Immediately after the time specified in the Maritime Transport Security Amendment Act 2005 for the commencement of item 79 of Schedule 1 to that Act.

30 September 2005

Endnote 4—Amendment history

 

Provision affected

How affected

Title....................................

am. No. 67, 2005

Part 1

 

Division 1

 

s. 1......................................

am. No. 67, 2005

Division 2

 

s. 3......................................

am. No. 67, 2005

s. 4......................................

am. No. 67, 2005; No. 81, 2010

Division 3

 

s. 6......................................

rs. No. 67, 2005

s. 9......................................

am. No. 67, 2005; No. 33, 2009; No 41, 2015

Division 4

 

s. 10....................................

am. No. 67, 2005; No 17, 2006; No 103, 2006; No 117, 2008; No 138, 2008; No. 33, 2009; No 8, 2010; No 81, 2010; No. 46, 2011; No. 129, 2012; No 41, 2015; No 62, 2015

Division 5

 

Division 5 heading..............

rs. No. 67, 2005

s. 11....................................

am. No. 67, 2005

Division 7

 

s. 15....................................

am. No. 81, 2010

ss. 16, 17............................

am. No. 67, 2005; No. 103, 2006

Division 7A

 

Division 7A........................

ad. No. 67, 2005

ss. 17A, 17B.......................

ad. No. 67, 2005

s. 17C.................................

ad. No. 67, 2005

 

am. No. 17, 2006; No. 117, 2008

Division 7B

 

Division 7B.........................

ad. No. 67, 2005

ss. 17D, 17E.......................

ad. No. 67, 2005

Division 8

 

s. 18....................................

am. No. 67, 2005

Part 2

 

Division 1

 

s. 20....................................

am. No. 67, 2005

Division 2

 

s. 21....................................

am. No. 67, 2005

s. 22....................................

am. No. 67, 2005; No. 103, 2006

s. 23....................................

am. No. 67, 2005

 

rs. No. 103, 2006

s. 24....................................

am. No. 67, 2005

s. 24A.................................

ad. No. 67, 2005

ss. 25, 26............................

am. No. 67, 2005

Division 3

 

s. 27....................................

am. No. 67, 2005

s. 28....................................

rs. No. 103, 2006

s. 28A.................................

ad. No. 67, 2005

s. 30....................................

am. No. 67, 2005

s. 31....................................

am. No. 67, 2005

Division 4

 

s. 33....................................

am. No. 67, 2005

s. 35....................................

am. No. 67, 2005

s. 36A.................................

ad. No. 67, 2005

s. 38....................................

am. No. 67, 2005

s. 39....................................

am. No. 67, 2005; No. 103, 2006

s. 40....................................

am. No. 67, 2005

Part 3

 

Division 2

 

ss. 42–44............................

am. No. 138, 2008

Division 3

 

s. 46....................................

am. No. 103, 2006

Division 4

 

s. 47....................................

am. No. 109, 2006; No. 138, 2008

s. 49....................................

am. No. 109, 2006; No. 138, 2008

Division 5

 

Division 5 heading..............

rs. No. 109, 2006

s. 50....................................

rs. No. 109, 2006

s. 51....................................

am. No. 67, 2005; No. 109, 2006

s. 52....................................

am. No. 109, 2006; No. 138, 2008

s. 52A.................................

ad. No. 109, 2006

 

am. No. 138, 2008

s. 54....................................

rs. No. 109, 2006

 

am. No. 138, 2008

s. 55....................................

am. No. 67, 2005; No. 109, 2006; No. 138, 2008

s. 56....................................

rs. No. 109, 2006

 

rep. No. 138, 2008

Part 4

 

Part 4 heading.....................

rs. No. 67, 2005

Division 1

 

s. 60....................................

am. No. 67, 2005

Division 2

 

s. 61A.................................

ad. No. 81, 2010

Division 3

 

s. 64....................................

am. No. 103, 2006

Division 4

 

s. 66....................................

am. No. 109, 2006

Division 5

 

Division 5 heading..............

rs. No. 109, 2006

s. 69....................................

rs. No. 109, 2006

s. 70....................................

am. No. 67, 2005; No. 109, 2006

s. 71....................................

am. No. 109, 2006; No. 138, 2008

s. 71A.................................

ad. No. 109, 2006

 

am. No. 138, 2008

s. 73....................................

rs. No. 109, 2006

s. 74....................................

am. No. 67, 2005; No. 109, 2006

s. 75....................................

rs. No. 109, 2006

 

rep. No. 138, 2008

Division 6

 

s. 79....................................

am. No. 67, 2005

s. 79A.................................

ad. No. 81, 2010

s. 83....................................

am. No. 67, 2005

Part 5

 

Division 2

 

s. 91....................................

am. No. 81, 2010

ss. 97, 98............................

am. No. 67, 2005

Division 3

 

s. 99....................................

am. No. 67, 2005

Part 5A

 

Part 5A................................

ad. No. 67, 2005

Division 1

 

s. 100A...............................

ad. No. 67, 2005

Division 2

 

ss. 100B–100D...................

ad. No. 67, 2005

 

am. No. 138, 2008

Division 3

 

ss. 100E, 100F....................

ad. No. 67, 2005

Division 4

 

s. 100G...............................

ad. No. 67, 2005

 

am. No. 109, 2006; No. 138, 2008

s. 100H...............................

ad. No. 67, 2005

s. 100I................................

ad. No. 67, 2005

 

am. No. 109, 2006; No. 138, 2008

Division 5

 

Division 5 heading..............

rs. No. 109, 2006

s. 100J................................

ad. No. 67, 2005

 

rs. No. 109, 2006

s. 100K...............................

ad. No. 67, 2005

 

am. No. 109, 2006

s. 100L...............................

ad. No. 67, 2005

 

am. No. 109, 2006; No. 138, 2008

s. 100LA.............................

ad. No. 109, 2006

 

am. No. 138, 2008

s. 100M..............................

ad. No. 67, 2005

s. 100N...............................

ad. No. 67, 2005

 

rs. No. 109, 2006

 

am. No. 138, 2008

s. 100O...............................

ad. No. 67, 2005

 

am. No. 109, 2006; No. 138, 2008

s. 100P................................

ad. No. 67, 2005

 

rs. No. 109, 2006

 

rep. No. 138, 2008

ss. 100Q–100T...................

ad. No. 67, 2005

Part 5B

 

Part 5B................................

ad. No. 67, 2005

Division 1

 

s. 100U...............................

ad. No. 67, 2005

Division 2

 

ss. 100V–100Z...................

ad. No. 67, 2005

ss. 100ZA–100ZD..............

ad. No. 67, 2005

Division 3

 

ss. 100ZE, 100ZF...............

ad. No. 67, 2005

Part 5C

 

Part 5C................................

ad. No. 67, 2005

Division 1

 

s. 100ZG.............................

ad. No. 67, 2005

Division 2

 

ss. 100ZH–100ZL..............

ad. No. 67, 2005

Division 3

 

ss. 100ZM, 100ZN.............

ad. No. 67, 2005

Part 6

 

Division 1

 

s. 101..................................

am. No. 67, 2005

Division 2

 

s. 102..................................

am. No. 109, 2006; No. 138, 2008

ss. 104, 105........................

am. No. 67, 2005

Division 3

 

s. 106..................................

am. No. 67, 2005

s. 108..................................

am. No. 67, 2005

s. 109..................................

am. No. 67, 2005

Division 4

 

s. 113..................................

am. No. 67, 2005

Division 5

 

Division 5...........................

ad. No. 67, 2005

s. 113A...............................

ad. No. 67, 2005

 

am. No. 109, 2006; No. 138, 2008

ss. 113B, 113C...................

ad. No. 67, 2005

s. 113D...............................

ad. No. 67, 2005

 

am. No. 103, 2006

Part 7

 

Division 1

 

s. 114..................................

am. No. 67, 2005

Division 2

 

ss. 115–118........................

am. No. 67, 2005

s. 119..................................

am. No. 67, 2005; No. 81, 2010

Division 3

 

s. 122..................................

am. No. 67, 2005

ss. 123, 124........................

am. No. 67, 2005

s. 126..................................

am. No. 67, 2005

Division 4

 

s. 129..................................

am. No. 67, 2005

ss. 130, 131........................

am. No. 67, 2005

s. 133..................................

am. No. 67, 2005

Part 8

 

Division 1

 

s. 134..................................

am. No. 81, 2010

Division 2

 

s. 135..................................

am. No. 67, 2005

s. 138..................................

am. No. 67, 2005

s. 139..................................

am. No 67, 2005; No. 81, 2010

s. 140..................................

am. No. 67, 2005

s. 140A...............................

ad. No. 67, 2005

 

am. No. 81, 2010

s. 140B...............................

ad. No. 67, 2005

s. 141..................................

am. No. 81, 2010

s. 144..................................

am. No. 67, 2005

s. 145..................................

am No. 67, 2005

ss. 145A, 145B...................

ad. No. 67, 2005

Division 2A

 

Division 2A........................

ad. No. 81, 2010

ss. 145C–145G...................

ad. No. 81, 2010

Division 3

 

s. 146..................................

am. No. 67, 2005; No. 129, 2012; No 62, 2015

s. 147..................................

am. No. 129, 2012; No 62, 2015

s. 148..................................

am. No. 67, 2005

s. 148A...............................

ad. No. 67, 2005

Division 4

 

ss. 150, 151........................

am. No. 67, 2005

s. 152A...............................

ad. No. 67, 2005

ss. 153–156........................

am. No. 67, 2005

ss. 158, 159........................

am. No. 67, 2005

Division 5

 

s. 161..................................

rs. No. 103, 2006

s. 162..................................

am. No. 67, 2005

ss. 163A–163E...................

ad. No. 103, 2006

Division 6

 

s. 164..................................

am. No. 81, 2010

ss. 166A–166C...................

ad. No. 81, 2010

Part 9

 

Heading to Part 9.................

rs. No. 67, 2005

Division 1

 

s. 169..................................

am. No. 67, 2005

Division 2

 

Heading to Div. 2 of Part 9..

rs. No. 67, 2005

Heading to s. 170................

am. No. 67, 2005

s. 170..................................

am. No. 67, 2005

Division 3

 

ss. 171–174........................

am. No. 67, 2005

s. 174A...............................

ad. No. 67, 2005

ss. 175, 176........................

am. No. 67, 2005

Division 4

 

ss. 177–179........................

am. No. 67, 2005

s. 179A...............................

ad. No. 67, 2005

ss. 180, 181........................

am. No. 67, 2005

Division 5

 

s. 182..................................

am. No. 67, 2005; No. 109, 2006

Part 10

 

Division 1

 

s. 183..................................

am. No. 67, 2005

Part 11

 

Division 2

 

s. 187..................................

am. No. 67, 2005; No. 103, 2006

Division 3

 

s. 189..................................

am. No. 67, 2005

s. 191..................................

am. No. 67, 2005

Division 4

 

s. 195..................................

am. No. 67, 2005

Division 6

 

s. 198..................................

am. No. 67, 2005

s. 199..................................

am. No. 138, 2008

s. 200A...............................

ad. No. 67, 2005

 

am. No. 138, 2008

Part 12

 

s. 201..................................

am. No. 67, 2005; No. 109, 2006; No. 138, 2008; No. 81, 2010

Part 13

 

s. 202..................................

am. No. 81, 2010

s. 202A...............................

ad. No. 81, 2010

s. 203..................................

am. No. 67, 2005

s. 208..................................

am. No. 67, 2005