Maritime Transport and Offshore Facilities Security Regulations 2003

In force

Administered by

Department of Home Affairs

This item is authorised by the following title:

Maritime Transport and Offshore Facilities Security Act 2003

Superseded version

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View as made version

F2005C00624

08 October 2005 - 14 July 2006

This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003

Table of contents

1.01 Name of Regulations [see Note 1]
1.02 Commencement [see Note 1]
1.03 Definitions
1.04 Purposes of these Regulations
1.05 Port service providers
1.06 Offshore service providers (Act s 10)
1.10 Company security officers
1.15 Ship security officers
1.20 Port security officers
1.25 Port facility security officers
1.30 Port service provider security officers
1.32 Head security officer
1.33 Offshore facility security officers
1.34 Offshore service provider security officers
1.35 Delegation by security officers
1.40 Shore-based personnel and crew
1.45 Declarations of security
1.50 Security plan audits and reviews
1.55 Ship security records — regulated Australian ships
1.56 Ship security records — regulated foreign ships
1.60 Prohibited items
1.65 Weapon
1.70 Water-side restricted zone
1.75 What are not regulated Australian ships
1.80 What are not regulated foreign ships
2.25 Notifying maritime security level 2 and 3 declarations and revocations (Act s 32)
2.30 Requirement for consultation
2.35 Giving and communicating security directions (Act s 33 (5))
3.05 Common requirements for security assessments
3.10 Common requirements for security plan audits and reviews
3.12 Operator to tell Secretary about issuing body for MSICs
3.15 Port operator to give information
3.20 Port facility operator to give information
3.25 Port service provider to give information
3.30 General
3.35 Port operator details
3.40 Security assessments
3.45 Port security officer qualifications and responsibilities
3.50 Other personnel with security role
3.55 Matters that must be in plan
3.60 Consultation and communication
3.65 Maritime security level 1
3.70 Maritime security levels 2 and 3
3.75 Declarations of security
3.77 Land-side restricted zones
3.80 Water-side restricted zones
3.85 Ship security zones
3.90 Map of port
3.95 Protection of plan
3.100 Port facility operator details
3.105 Details of other maritime industry participants
3.106 Obligation to keep information current
3.110 Security assessments
3.115 PFSO qualifications and responsibilities
3.120 Other personnel with security role
3.125 Matters that must be in plan
3.130 Consultation
3.135 Maritime security level 1
3.140 Maritime security levels 2 and 3
3.145 Declarations of security
3.150 Land-side restricted zones
3.155 Cleared zones
3.160 Passenger ships
3.165 Map of port facility
3.170 Protection of plan
3.175 Participants required to have maritime security plans
3.180 Certain port service providers not required to have maritime security plans
3.185 Port service provider details
3.190 Details of other maritime industry participants
3.191 Obligation to keep information current
3.195 Security assessments
3.200 PSPSO qualifications and responsibilities
3.205 Other personnel with security role
3.210 Matters that must be in plan
3.215 Consultation
3.220 Maritime security level 1
3.225 Maritime security levels 2 and 3
3.230 Declarations of security
3.235 Port security zones
3.240 Map of port service provider
3.245 Protection of plan
4.20 Identification of ship
4.25 Security assessments
4.30 Ship operator, CSO and SSO
4.31 Obligation to keep information current
4.35 Shore-based personnel and crew with security role
4.40 Training
4.45 Matters that must be in plan
4.50 Maritime security level 1
4.55 Maritime security levels 2 and 3
4.60 Declarations of security
4.65 On-board security zones
4.70 Security of ship in non-ISPS Code compliant ports
4.75 Security of ship in exceptional circumstances
4.80 Pre-entry information
4.85 Maritime transport or offshore security incidents
4.90 Security equipment
4.95 On-board systems
4.100 Ship security records
4.105 Security plan audits and reviews
4.110 Statement about authority of master
4.115 Protection of plan
4.140 Applications for ISSC
4.145 Inspections by authorised persons
5.10 Pre-arrival information
5.20 Requirement for consultation
5.25 Giving control directions (Act s 99 (7))
5A.05 Common requirements for security assessments
5A.10 Common requirements for security plan audits and reviews
5A.12 Operator to tell Secretary about issuing body for MSICs
5A.15 Offshore facility operator to give information
5A.20 Offshore service provider to give information
5A.25 Offshore security plans (Act s 100H)
5A.30 Offshore facility operator details
5A.35 Details of offshore service providers
5A.40 Obligation to keep information current
5A.45 Security assessments
5A.50 OFSO qualifications and responsibilities
5A.55 Other personnel with security role
5A.60 Matters that must be in plan
5A.65 Consultation
5A.70 Maritime security level 1
5A.75 Maritime security levels 2 and 3
5A.80 Declarations of security
5A.85 Offshore facility zone
5A.90 Offshore water-side zone
5A.95 Requirements for plans (Act s 100I)
5A.100 Information for offshore security plans
5A.105 Protection of plan
5A.110 Service providers to have offshore security plans (Act s 100B)
5A.115 Offshore security plans (Act s 100H)
5A.120 Offshore service provider details
5A.125 Details of other offshore industry participants
5A.130 Obligation to keep information current
5A.135 Security assessments
5A.140 OSPSO qualifications and responsibilities
5A.145 Other personnel with security role
5A.150 Matters that must be in plan
5A.155 Consultation
5A.160 Maritime security level 1
5A.165 Maritime security levels 2 and 3
5A.170 Declarations of security
5A.175 Protection of plan
6.05 Access not to be denied
6.07A Purpose of Division 6.1A
6.07B Definitions for Division 6.1A
6.07C Meaning of maritime-security-relevant offence
6.07D Meaning of valid MSIC
6.07E Meaning of properly displaying
6.07F Meaning of operational need
6.07G Kinds of identification document
6.07H Authentication of certain foreign documents
6.07I Definitions for Subdivision 6.1A.2
6.07J Requirement to display MSIC in maritime security zones
6.07K Person given disqualifying offence not to enter maritime security zone
6.07L Offence — failure to properly escort visitor
6.07M Persons exempted by Secretary from requirement to hold, carry or display MSIC
6.07N Access by emergency personnel
6.07O Application for authorisation to issue MSICs
6.07P Decision on application
6.07Q What an MSIC plan is
6.07R Issuing body to give effect to MSIC plan
6.07S Direction to vary MSIC plan
6.07T Variation of MSIC plan by issuing body
6.07U Inspection of issuing bodies’ MSIC plan and records
6.07V Issuing bodies’ staff
6.07W Revocation of authorisation for cause
6.07X Revocation of authorisation at request of issuing body
6.07Y Re-applying for authorisation
6.07Z What happens if issuing body no longer able to issue MSICs
6.08A Meaning of adverse criminal record
6.08B MSICs — application for issue
6.08C MSICs — issue
6.08D Issue of disqualifying offence notice
6.08E Issue of MSICs to ASIC holders
6.08F MSICs — Secretary’s approval of issue in certain cases
6.08G Report to Secretary of refusal to issue MSICs in certain cases
6.08H Persons the subject of adverse or qualified security assessments
6.08I MSICs — period of issue and expiry
6.08J Form of MSICs other than temporary MSICs
6.08K Temporary MSICs
6.08L Issue of replacement MSICs
6.08M Cancellation of MSICs
6.08N Cancellation of MSICs at holder’s request
6.08O Report to Secretary of cancellation of MSICs in certain cases
6.08P Return of MSICs that have expired etc
6.08Q Holder no longer needing MSIC
6.08R Notification of lost etc MSICs
6.08S Directions to show valid MSICs or other identification
6.08T Register of MSICs
6.08U Other records
6.08V Annual reporting
6.08W Definitions
6.08X Reconsideration of decisions in relation to MSICs and related matters
6.08Y If Secretary makes no decision
6.08Z AAT review of Secretary’s decisions
6.09A Cost recovery
6.20 Types of port security zones
6.25 Security barriers
6.30 Identification of zones
6.33 Duties of port operator
6.35 Duties of port facility operator
6.40 Duties of port service provider
6.45 Offences — unauthorised entry
6.50 Duties of port facility operator
6.55 Identification of zones
6.60 Offences — unauthorised entry
6.65 Identification of zones
6.70 Duties of port operator
6.75 Offences — unauthorised entry
6.80 Exclusion zones
6.85 Declaration of operation of zone
6.90 Identification of zones
6.95 Duties of port operator
6.100 Offences — unauthorised entry
6.105 On-board restricted areas
6.110 Identification of zones
6.115 Duties of ship operators
6.120 Offences — unauthorised entry
6.125 Types of offshore security zones (Act s 113B)
6.130 Identification of zones
6.135 Duties of offshore facility operator
6.140 Offences — unauthorised entry
6.145 Identification of zones
6.150 Duties of offshore facility operator
6.155 Offences – unauthorised entry
7.05 Access not to be denied
7.20 Duties of port facility operator
7.25 Persons who need not be screened
7.27 Goods that need not be screened
7.28 Vehicles that need not be screened
7.29 Vessels that need not be screened
7.30 Equipment to be used for screening
7.33 Notice to be displayed at screening points
7.35 Offences — screening and clearing
7.39 Definition of licensed security guard for Division 7.3
7.40 Persons authorised to possess weapons or prohibited items in maritime security zones
7.45 Authorised possession of weapons or prohibited items when passing through screening points
7.50 Authorised carriage or possession of weapons or prohibited items on board regulated Australian ships
7.55 Authorisation subject to compliance with other laws
8.20A Maritime security inspectors — criteria for appointment
8.20 Identity cards (Act s 137 (2))
8.40 Customs officers who are law enforcement officers
8.50 Training and qualifications
8.55 Identity cards (Act s 162 (2) (b))
8.60 Training and qualifications
8.65 Identity cards (Act s 165 (2) (b))
11.05 Purpose and effect of Division
11.10 Definition for Division — authorised person
11.15 Amount of penalty if infringement notice issued
11.20 Authorised persons may issue infringement notices
11.25 Contents of infringement notice
11.30 Service of infringement notices
11.35 Time for payment of penalty
11.40 Extension of time to pay penalty
11.45 Payment of penalty
11.50 Effect of payment of penalty
11.55 Withdrawal of infringement notice
11.60 Notice of withdrawal of infringement notices
11.65 Refund of penalty etc if infringement notice withdrawn
11.70 Evidence of certain matters in relation to infringement notices
11.75 Effect of certain admissions
11.80 Matter not to be taken into account in determining sentence
11.300 Purpose of Division
11.305 Accrual of demerit points by maritime industry participants
11.310 Accumulation of demerit points in respect of ships
11.315 Expiry of demerit points
11.320 Demerit points — maritime security plans
11.325 Demerit points — ship security plans
11.330 Demerit points — offshore security plans
11.335 Register of demerit points
13.05 Ship security alert systems
- Notes to the REF Citation \*charformat Maritime Transport and Offshore Facilities Security Regulations 2003

Maritime Transport and Offshore Facilities Security Regulations 2003 Citation change

Legislation text

Maritime Transport and Offshore Facilities Security Regulations 2003