Maritime Transport and Offshore Facilities Security Act 2003

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 23 June 2021 (the compilation date).

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 the Legislation Register (www.legislation.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 the Legislation Register 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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 the Legislation Register 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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................................................. 52

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

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

40.......... Failure to comply with confidentiality requirements.......................... 54

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

Division 6—Serious crime 144

113E...... Purpose of this Division................................................................. 144

113F...... Requirements relating to access to zones......................................... 144

Part 7—Other security measures 145

Division 1—Simplified overview of Part 145

114........ Simplified overview of Part............................................................ 145

Division 2—Screening and clearing 146

115........ Screening and clearing people......................................................... 146

116........ Screening and clearing goods.......................................................... 147

117........ Screening and clearing vehicles....................................................... 148

118........ Screening and clearing vessels........................................................ 149

119........ Requirements for screening and clearing......................................... 150

Division 3—Weapons 153

120........ Weapons in maritime security zones............................................... 153

121........ Carrying weapons through a screening point.................................. 154

122........ Weapons on board certain ships—strict liability............................. 154

123........ Weapons on board certain ships—general...................................... 155

124........ Failure to comply with conditions................................................... 155

125........ Secretary may permit by class......................................................... 156

126........ Other weapons requirements........................................................... 156

Division 4—Prohibited items 158

127........ Prohibited items in maritime security zones.................................... 158

128........ Carrying prohibited items through a screening point....................... 159

129........ Prohibited items on board certain ships—strict liability.................. 160

130........ Prohibited items on board certain ships—general........................... 160

131........ Failure to comply with conditions................................................... 161

132........ Secretary may permit by class......................................................... 161

133........ Other prohibited items requirements............................................... 161

Part 8—Powers of officials 163

Division 1—Simplified overview of Part 163

134........ Simplified overview of Part............................................................ 163

Division 2—Maritime security inspectors 164

135........ Simplified overview of Division..................................................... 164

136........ Appointment................................................................................... 164

137........ Identity cards................................................................................... 164

138........ Maritime security inspector powers—ISSC verifications............... 165

139........ Maritime security inspector powers—security regulated ships....... 165

140........ When powers may be exercised—security regulated ships............. 166

140A..... Maritime security inspector powers—security regulated offshore facilities 167

140B..... When powers may be exercised—security regulated offshore facilities 168

141........ Maritime security inspector powers—participants.......................... 169

142........ When powers may be exercised—participants................................ 170

143........ Offence—hindering or obstructing a maritime security inspector... 170

144........ Inspection warrants—security regulated ships................................ 171

145........ Inspection warrants by telephone, fax etc.—security regulated ships 172

145A..... Inspection warrants—security regulated offshore facilities............. 174

145B..... Inspection warrants by telephone, fax etc.—security regulated offshore facilities 175

Division 2A—Security assessment inspectors 178

145C..... Simplified overview of Division..................................................... 178

145D..... Appointment................................................................................... 178

145E...... Powers of security assessment inspectors....................................... 178

145F...... When powers may be exercised...................................................... 179

145G..... Offence—hindering or obstructing a security assessment inspector 179

Division 3—Duly authorised officers 180

146........ Simplified overview of Division..................................................... 180

147........ Secretary may appoint duly authorised officers............................... 180

148........ Duly authorised officer powers—operational areas of security regulated ships 180

148A..... Duly authorised officer powers—operational areas of security regulated offshore facilities 181

149........ Offence—hindering or obstructing a duly authorised officer.......... 182

Division 4—Law enforcement officers 184

150........ Simplified overview of Division..................................................... 184

151........ Law enforcement officers................................................................ 184

152........ Access to ports by law enforcement officers................................... 185

152A..... Access to offshore facilities by law enforcement officers............... 185

153........ Stopping and searching people........................................................ 185

154........ Stopping and searching vehicles..................................................... 186

155........ Stopping and searching vessels....................................................... 187

156........ Requests to leave ships or zones..................................................... 188

157........ Removing people from ships or zones............................................ 188

158........ Removing vehicles from zones....................................................... 188

159........ Removing vessels from zones......................................................... 189

160........ Other law enforcement powers not affected.................................... 189

Division 5—Maritime security guards 190

161........ Simplified overview of Division..................................................... 190

162........ Maritime security guards................................................................. 190

163........ Maritime security guards’ power to physically restrain persons..... 191

163A..... Maritime security guards’ power to request information................. 191

163B..... Requests to leave maritime security zones....................................... 193

163C..... Maritime security guards’ power to remove people from zones...... 194

163D..... Maritime security guards’ power to remove vehicles from zones... 194

163E...... Maritime security guards’ power to remove vessels from zones..... 195

Division 6—Screening officers 197

164........ Simplified overview of Division..................................................... 197

165........ Screening officers........................................................................... 197

165A..... Requirements relating to screening officers..................................... 197

165B..... Exemption from requirements relating to screening officers........... 198

165C..... Exercise of powers and performance of screening functions by screening officers 198

165D..... Report on number of exemptions.................................................... 199

166........ Screening powers............................................................................ 199

166A..... Screening powers—frisk search as an alternative screening procedure 200

166B..... Screening powers—frisk search as an additional screening procedure 200

166C..... Screening powers—frisk search general power.............................. 201

167........ Screening officers’ power to physically restrain persons................ 202

Part 9—Reporting maritime transport or offshore facility security incidents 203

Division 1—Simplified overview of Part 203

169........ Simplified overview of Part............................................................ 203

Division 2—Meaning of maritime transport or offshore facility security incident 204

170........ Meaning of maritime transport or offshore facility security incident 204

Division 3—Certain people must report incidents 205

171........ Port operators.................................................................................. 205

172........ Ship masters.................................................................................... 205

173........ Ship operators................................................................................. 206

174........ Port facility operators...................................................................... 206

174A..... Offshore facility operators.............................................................. 207

175........ Persons with incident reporting responsibilities.............................. 207

176........ Employees....................................................................................... 208

Division 4—Reporting requirements 210

177........ Reporting by port operators............................................................ 210

178........ Reporting by ship masters............................................................... 211

179........ Reporting by ship operators............................................................ 212

179A..... Reporting by offshore facility operators.......................................... 212

180........ Reporting by port facility operators................................................. 213

181........ Reporting by persons with incident reporting responsibilities......... 214

Division 5—Form and content of reports 215

182........ How reports are to be made............................................................ 215

Part 10—Information‑gathering 216

Division 1—Simplified overview of Part 216

183........ Simplified overview of Part............................................................ 216

Division 2—Secretary may require security compliance information 217

184........ Secretary may require security compliance information.................. 217

185........ Self‑incrimination............................................................................ 217

Part 11—Enforcement 219

Division 1—Simplified overview of Part 219

186........ Simplified overview of Part............................................................ 219

Division 2—Infringement notices 220

187........ Infringement notices........................................................................ 220

Division 3—Enforcement orders for maritime industry participants 221

188........ Simplified overview of Division..................................................... 221

189........ Secretary may make enforcement orders......................................... 221

190........ Commencement and duration of enforcement orders...................... 222

191........ Reviews of enforcement orders....................................................... 222

192........ Notice of enforcement orders.......................................................... 222

193........ Complying with enforcement orders............................................... 223

Division 4—Ship enforcement orders for regulated Australian ships 224

194........ Simplified overview of Division..................................................... 224

195........ Ship enforcement orders—regulated Australian ships.................... 224

196........ Enforcing ship enforcement orders................................................. 225

Division 5—Injunctions 226

197........ Injunctions...................................................................................... 226

Division 6—Demerit points system 228

198........ Demerit points system..................................................................... 228

199........ Demerit points—maritime security plans........................................ 228

200........ Demerit points—ship security plans............................................... 228

200A..... Demerit points—offshore security plans......................................... 229

Part 12—Review of decisions 230

201........ Review of decisions by Administrative Appeals Tribunal.............. 230

Part 13—Miscellaneous 232

202........ Delegation....................................................................................... 232

202A..... Sub‑delegation................................................................................ 232

203........ Compensation for damage to electronic equipment......................... 233

204........ Compensation for acquisition of property....................................... 234

205........ Compensation for unnecessary delay—paid by the Commonwealth 234

206........ Compensation for inspection and detention—paid by ship operators or other persons 235

207........ Saving of other laws....................................................................... 236

208........ Severability—additional effect of Act............................................. 236

209........ Regulations..................................................................................... 237

Endnotes 239

Endnote 1—About the endnotes 239

Endnote 2—Abbreviation key 241

Endnote 3—Legislation history 242

Endnote 4—Amendment history 246

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

Part 1—Preliminary

Division 1—Short 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 2—Purpose 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.

Note: Division 6 of Part 6 has an additional purpose (see section 113E).

(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 3—Application

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

(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

Division 4—Definitions

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

(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

(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.

biosecurity officer has the same meaning as in the Biosecurity Act 2015.

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

(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.

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

(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

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

(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

(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

(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.

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

(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

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

screening function means a function that a screening officer is authorised or required to perform under this Act or an instrument made under this Act.

screening officer has the meaning given by section 165.

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

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 5—Unlawful 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;

(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 6—Security 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

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

Division 7—Security 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 voyages; or

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

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

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

(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

(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.

Division 7A—Security 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.

(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

(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

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;

(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

(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 7B—Offences 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

(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 8—General 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

(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 9—Communicating 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 2—Maritime security levels and security directions

Division 1—Simplified 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 2—Maritime 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

(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;

(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

(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

(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

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

(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

(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 3—Notifying 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

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 4—Security 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:

(a) it is appropriate to do so because an unlawful interference with maritime transport or offshore facilities is probable or imminent; or

(b) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—the Secretary is satisfied that the security direction is appropriate to support the national emergency declaration.

(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 the earliest 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;

(c) if the direction was made for the purposes of paragraph 33(3)(b)—the national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) ceases to be in force.

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

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

(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 3—Maritime security plans

Division 1—Simplified 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 2—Maritime 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;

(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

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

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 3—Complying 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 4—Content 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;

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 5—Approving, 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

(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 4—Ship security plans and ISSCs for regulated Australian ships

Division 1—Simplified 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 2—Ships 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

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 3—Complying 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 4—Content 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;

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 5—Approving, 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.

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

(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.

(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.

(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

(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 6—International 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.

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

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

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

(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;

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

(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

(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 7—Recognised 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 5—Regulated foreign ships

Division 1—Simplified 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 2—Obligations 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

(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;

(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

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 3—Control 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;

(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 5A—Offshore security plans

Division 1—Simplified 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 2—Offshore 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;

(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

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 3—Complying 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.

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 4—Content 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;

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 5—Approving, 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

Consideration 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.

(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

Consideration 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.

(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.

(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

(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.

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

Division 1—Simplified 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 2—ISSC 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.

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

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

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

(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;

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

(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

(d) any of the following subparagraphs applies:

(i) the statement is made to a maritime industry participant;

(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 3—Recognised 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 5C—Foreign ships regulated as offshore facilities

Division 1—Simplified 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 2—Obligations 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

(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 3—Control 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;

(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 6—Maritime security zones

Division 1—Simplified 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.

Division 6 allows regulations to prescribe requirements for the purposes of preventing the use of maritime transport or offshore facilities in connection with serious crime.

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 2—Port 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;

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;

(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

(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

(2) Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:

(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;

(ba) the security checking (including background checking) of persons who have access to 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

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 3—Ship 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;

(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

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

109 Requirements for ship security zones

(2) Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:

(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;

(ba) the security checking (including background checking) of persons who have access to 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

Division 4—On‑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;

(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

(2) Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:

(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;

(ba) the security checking (including background checking) of persons who have access to 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

Division 5—Offshore 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;

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;

(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

113D Requirements for offshore security zones

(2) Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:

(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;

(ba) the security checking (including background checking) of persons who have access to 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

(6) Regulations made under subsection (1) must be consistent with Australia’s obligations under international law.

Division 6—Serious crime

113E Purpose of this Division

The purpose of this Division is to prevent the use of maritime transport or offshore facilities in connection with serious crime.

113F Requirements relating to access to zones

(1) The regulations may, for the purposes of preventing the use of maritime transport or offshore facilities in connection with serious crime, prescribe requirements in relation to zones established under this Part.

(2) Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:

(a) access to zones established under this Part (including conditions of entry, the issue and use of security passes and other identification systems);

(b) the security checking (including background checking) of persons who have access to zones established under this Part.

(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

Part 7—Other security measures

Division 1—Simplified 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 2—Screening 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

(a) screening;

(b) receiving clearance;

(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;

(aa) requirements in relation to the form or issue of identity cards for screening officers;

(b) the things to be 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: Requirements for screening officers may be determined by the Secretary including in relation to training and qualifications, uniforms and the use of identity cards (see section 165A).

(3) Regulations made under paragraph (2)(a), (2)(aa) 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

Division 3—Weapons

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

(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

(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

(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

(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

(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

(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

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

Division 4—Prohibited 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

(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

(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

(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

(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

(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

(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

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

Part 8—Powers of officials

Division 1—Simplified 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;

(d) maritime security guards;

(e) screening officers.

Division 2—Maritime 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

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

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;

(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;

(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);

(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;

(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

(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;

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

(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 2A—Security 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;

(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 3—Duly 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;

(d) AMSA inspectors;

(e) biosecurity 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

(d) an AMSA inspector; or

(e) a biosecurity 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);

(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);

(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 4—Law 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;

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

(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

(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

(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

(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

(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 5—Maritime 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

(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

(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

(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

(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

(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

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

(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

(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 6—Screening 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.

A screening officer may only exercise powers under this Division or perform screening functions if the officer:

(a) has complied with requirements (including training and qualification requirements) determined by the Secretary; or

(b) is exempt from those requirements.

165 Screening officers

A person who is authorised or required to conduct screening is a screening officer.

Note: Persons are authorised or required to conduct screening under the regulations (see paragraph 119(2)(a)).

165A Requirements relating to screening officers

The Secretary may, by legislative instrument:

(a) determine:

(i) training and qualification requirements; and

(ii) any other requirements;

for specified screening officers relating to their exercise or performance of a specified power under this Division or a specified screening function; or

(b) determine for specified screening officers:

(i) requirements in relation to the use of identity cards; or

(ii) requirements in relation to uniforms.

Note 1: For specification of screening officers by class, see subsection 13(3) of the Legislation Act 2003.

Note 2: Regulations may prescribe requirements for screening officers in relation to the form or issue of identity cards (see paragraph 119(2)(aa)).

165B Exemption from requirements relating to screening officers

(1) The Secretary may, in writing, exempt a class of screening officers from one or more requirements determined under paragraph 165A(a) if the Secretary is satisfied that exceptional circumstances exist.

(2) An exemption under subsection (1) may be subject to specified conditions.

165C Exercise of powers and performance of screening functions by screening officers

(1) A screening officer may only exercise a power under this Division or perform a screening function if the screening officer has met each requirement determined under paragraph 165A(a):

(a) that relates to the screening officer’s exercise or performance of the power or function; and

(b) for which the screening officer is not exempt under subsection 165B(1).

(2) In exercising a power under this Division or performing a screening function, a screening officer must not use more force, or subject a person to greater indignity, than is necessary and reasonable.

165D Report on number of exemptions

The annual report prepared by the Secretary and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the number of exemptions given by the Secretary under subsection 165B(1) in that period.

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

(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

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

(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.

(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

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.

Part 9—Reporting maritime transport or offshore facility security incidents

Division 1—Simplified 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 2—Meaning 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 3—Certain 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;

(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 4—Reporting 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

(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

(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

(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

(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

(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 5—Form 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 10—Information‑gathering

Division 1—Simplified 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 2—Secretary 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;

(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

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 11—Enforcement

Division 1—Simplified 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);

(d) injunctions (Division 5);

(e) demerit points system (Division 6).

Division 2—Infringement 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 3—Enforcement 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 4—Ship 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;

(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 5—Injunctions

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 6—Demerit 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 12—Review 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

(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 13—Miscellaneous

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;

(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 section 165A or subsection 165B(1) or Division 3 of Part 11, to an APS employee 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.

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

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

(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

(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

(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.

(9) This Act also has the effect that it would have if its operation were expressly confined to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

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

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

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

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	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	s 20–40, 42–46, 61–65, 79, 80, 90–100, 105, 109, 113–133, 139, 141, 142, 146–200): 1 July 2004 (s 2(1) items 2, 4, 7, 9, 12, 14, 16, 18, 19, 21, 23, 25, 26 and gaz 2004, No GN11) Remainder: 12 Dec 2003 (s 2(1) items 1, 3, 5, 6, 8, 10, 11, 13, 15, 17, 20, 22, 24, 27)
Maritime Transport Security Amendment Act 2005	67, 2005	26 June 2005	Sch 2: 27 June 2005 (2(1) (items 2, 25) Remainder: 26 June 2005 (s 2(1) item 1)
Offshore Petroleum (Repeals and Consequential Amendments) Act 2006	17, 2006	29 Mar 2006	Sch 2 (items 44, 45): 1 July 2008 (s 2(1) item 2 and F2008L02273)	—
Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards and Other Measures) Act 2006	103, 2006	27 Sept 2006	Sch 1 (item 1) and Sch 2: 28 Sept 2006 (s 2(1) items 2, 4–7) Sch 1 (items 2–4): 27 Mar 2007 (s 2(1) item 2) Remainder: 27 Sept 2006 (s 2(1) item 1)	—
Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act 2006	109, 2006	27 Sept 2006	Sch 1: 6 Nov 2006 (s 2(1) item 2 and F2006L03565) Sch 2 (items 36, 37): 27 Sept 2006 (s 2(1) item 5)	Sch 1 (item 42)
Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008	117, 2008	21 Nov 2008	Sch 3 (items 17, 18): 22 Nov 2008 (s 2(1) item 4)	—
Transport Security Amendment (2008 Measures No. 1) Act 2008	138, 2008	8 Dec 2008	Sch 1 (items 12–59): 8 Feb 2009 (s 2(1) item 2)	Sch 1 (items 29, 47)
Customs Legislation Amendment (Name Change) Act 2009	33, 2009	22 May 2009	Sch 2 (items 38–41): 23 May 2009 (s 2)	—
Statute Law Revision Act 2010	8, 2010	1 Mar 2010	Sch 5 (item 69): 1 Mar 2010 (s 2(1) item 35)	—
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
as amended by
Australian Border Force Amendment (Protected Information) Act 2017	115, 2017	30 Oct 2017	Sch 1 (item 26): 1 July 2015 (s 2(1) item 2)	—
Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015	62, 2015	16 June 2015	Sch 2 (items 30–33) and Sch 4: 16 June 2016 (s 2(1) items 2, 4) Sch 3: 16 June 2015 (s 2(1) item 3)	Sch 3 and 4
as amended by
Statute Update (Winter 2017) Act 2017	93, 2017	23 Aug 2017

Federal Register of Legislation - Australian Government

Primary content

Maritime Transport and Offshore Facilities Security Act 2003