Federal Register of Legislation - Australian Government

Primary content

LIN 21/051 Determinations/Other as made
This instrument determines certain requirements for specified screening officers, thereby standardising the competency levels of specified screening officers.
Administered by: Home Affairs
Registered 11 Jun 2021
Tabling HistoryDate
Tabled HR15-Jun-2021
Tabled Senate16-Jun-2021

Commonwealth Coat of Arms of Australia

 

LIN 21/051

I, Michael Pezzullo AO, Secretary of the Department of Home Affairs, make this instrument under section 165A of the Maritime Transport and Offshore Facilities Security Act 2003.

Dated 10 June 2021

 

Michael Pezzullo

Secretary
Department of Home Affairs

 

 

 

 

 

1          Name

                 This instrument is the Maritime Transport Security (Screening Officer Requirements) Determination 2021.

2          Commencement

                 This instrument commences immediately after the commencement of Schedule 2 to the Transport Security Amendment (Testing and Training) Act 2020.

3          Definitions

Note          Some terms used in this instrument are defined in the Regulations, including MSIC.

             In this instrument:

Act means the Maritime Transport and Offshore Facilities Security Act 2003.

existing screening officer means a screening officer who:

(a)   was engaged or employed by a port facility operator as a screening officer at any time in the 12 months before this instrument commences; and

(b)   since the commencement of this instrument has not ceased engagement or employment as a screening officer for any period of at least 24 months.

independent screening decision means a decision whether to allow a person, personal effects, carry-on baggage, goods or a vehicle to pass through a screening point, without prompting or guidance from a supervising screening officer.

new screening officer means a screening officer who is:

(a)   not an existing screening officer; and

(b)   engaged or employed by a port facility operator as a screening officer after this instrument commences.

Regulations means the Maritime Transport and Offshore Facilities Security Regulations 2003.

4          Application

                 This instrument determines requirements under section 165A of the Act for screening officers.

 5         Qualifications

        (1)     A new screening officer must hold any of the following qualifications:

(a)   Certificate II in Transport Security Protection;

(b)   a qualification that the Secretary is satisfied will enable the holder to carry out the duties of a screening officer under the Act.

        (2)     An existing screening officer must hold any of the following qualifications:

(a)   Certificate II in Security Operations;

(b)   a qualification that the Secretary is satisfied is equivalent to a Certificate II in Security Operations;

(c)   training and experience acquired while working as a security guard that is sufficient to satisfy the requirements for obtaining a security guard license in the state or territory where the person intends to work as a screening officer;

(d)   Certificate II in Transport Security Protection.

        (3)     The qualifications mentioned in this section for a screening officer who is an existing screening officer or a new screening officer are required for the screening officer to carry out each power and function mentioned in Division 6 of Part 8 of the Act.

Note          The Secretary may exempt a class of screening officers from any of these requirements—see Act, section 165B.

6          Training

                 The training requirement for a person who is a new screening officer or an existing screening officer is that, until the person’s supervisor is satisfied the person is competent as a screening officer and while on duty as a screening officer, the person:

(a)   is supervised by a screening officer capable of making an independent screening decision; and

(b)   does not make an independent screening decision.

Note          The Secretary may exempt a class of screening officers from 1 or more of these requirements—see Act, section 165B.

7          Maritime security identification cards

                 A screening officer must at all times display a valid MSIC when on duty.

Note          A screening officer must also properly display a valid MSIC when otherwise required by the Regulations.

8          Uniforms

                 A screening officer must wear a distinctive and recognisable uniform.