Maritime Transport and Offshore Facilities Security Act 2003 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
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 Register ( 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 Register for the compiled law.
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For more information about any editorial changes made in this compilation, see the endnotes.
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 Register for the compiled law.
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Contents
This Act may be cited as the
Maritime Transport and Offshore Facilities Security Act 2003 .
(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.
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 |
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 ( |
Division 1 of Part 3 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
Divisions 2 and 3 of Part 3 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
Divisions 4 and 5 of Part 3 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
Division 1 of Part 4 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
Divisions 2 and 3 of Part 4 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
Divisions 4 and 5 of Part 4 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
Sections 79 and 80 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
Sections 81 to 87 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
Division 7 of Part 4 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
Part 5 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
Sections 101 to 104 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
Section 105 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
Sections 106 to 108 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
Section 109 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
Sections 110 to 112 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
Section 113 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
Part 7 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
Sections 134 to 138 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
Section 139 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
Section 140 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
Sections 141 and 142 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
Sections 143 to 145 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
Divisions 3 to 6 of Part 8 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
Parts 9 to 11 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
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.
(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.
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 Review Tribunal.
Part 13 deals with miscellaneous matters.
This Act extends to every external Territory.
(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.
(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.
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.
(1) Unless the contrary intention appears, this Act does not apply to, or in relation to:
(a) a warship or other ship operated for naval, military, customs or law enforcement purposes by Australia or by a foreign state; or
(b) a ship (other than a ship covered by paragraph (a)) that is:
(i) owned, leased or chartered by, or otherwise in the operational control of, the Commonwealth, a State or a Territory; and
(ii) being used wholly for non‑commercial activities; or
(c) a security regulated port, or a part of a port, at any time that the port, or the part of the port, is under the exclusive control of the Australian Defence Force.
(2) A reference in this Act to a maritime industry participant does not include a reference to:
(a) the Australian Defence Force; or
(b) the Immigration and Border Protection Department; or
(c) an Agency of the Commonwealth prescribed in the regulations.
(3) A reference in this Act to an offshore industry participant does not include a reference to:
(a) the Australian Defence Force; or
(b) the Immigration and Border Protection Department; or
(c) an Agency of the Commonwealth prescribed in the regulations.
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 theDefence Act 1903 .
Agency has the same meaning as in thePublic Service Act 1999 .
Agency Head has the same meaning as in thePublic Service Act 1999 .
AMSA inspector means an inspector appointed under theNavigation 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 theShipping Registration Act 1981 .
Australian ship regulated as an offshore facility has the meaning given by subsection 16(3).
Australian waters means:
(a) the territorial sea of Australia; and
(b) the waters of the sea on the landward side of the territorial sea of Australia; and
(c) the territorial sea of each external Territory; and
(d) the waters of the sea on the landward side of the territorial sea of each external Territory; and
(e) inland waters prescribed in regulations.
baggage means:
(a) possessions of a passenger or crew member:
(i) that are carried, or intended to be carried, on board a ship; and
(ii) to which the passenger or crew member will have general access while on board the ship; and
(b) possessions of a visitor to a ship:
(i) that are taken, or intended to be taken, on board the ship; and
(ii) to which the visitor will have general access while on board the ship; and
(c) possessions of a crew member:
(i) that are carried, or intended to be carried, on an offshore facility; and
(ii) to which the crew member will have general access while on the offshore facility; and
(d) possessions of a visitor:
(i) that are taken, or intended to be taken, onto an offshore facility; and
(ii) to which the visitor will have general access while on the offshore facility.
biosecurity officer has the same meaning as in theBiosecurity 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
(c) in relation to a vehicle, has the meaning given by subsection 117(3); and
(d) in relation to a vessel, has the meaning given by subsection 118(3).
cleared area means an area that, under regulations made under Part 6 or 7, may be entered only by persons, goods, vehicles and vessels that have received clearance.
confidentiality requirements has the meaning given by subsection 34(2).
control direction has the meaning given by subsection 99(2) or 100ZM(2).
crew :
(a) in relation to a ship—includes any person employed on the ship; and
(b) in relation to an offshore facility—includes any person employed on the facility.
critical installation has the meaning given by subsection 103(3).
customs officer means an officer of Customs within the meaning of theCustoms 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 theCriminal 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 theCrimes 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 theCustoms Act 1901 .
immigration officer means an officer within the meaning of theMigration 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
(c) the ship operator for a regulated Australian ship; or
(d) the ship operator for a regulated foreign ship; or
(da) an offshore industry participant; or
(f) a contractor who provides services to a person mentioned in paragraphs (a) to (d); or
(g) a person who:
(i) conducts a maritime‑related enterprise; and
(ii) is prescribed in the regulations.
Note: Neither the Australian Defence Force nor the Immigration and Border Protection Department can be a maritime industry participant. The regulations may also exclude other Commonwealth Agencies from being maritime industry participants: see subsection 9(2).
maritime security guard has the meaning given by subsection 162(1).
maritime security inspector means a person appointed under subsection 136(1).
maritime security level means:
(a) maritime security level 1; or
(b) maritime security level 2; or
(c) maritime security level 3.
maritime security level 1 means the maritime security level in force under section 21.
maritime security level 2 means maritime security level 2 as in force under section 23.
maritime security level 3 means maritime security level 3 as in force under section 23.
maritime security outcomes has the meaning given by subsection 3(4).
maritime security plan means a plan prepared for the purposes of Part 3.
maritime security zone means:
(a) a port security zone; or
(b) a ship security zone; or
(c) an on‑board security zone; or
(d) an offshore security zone.
maritime transport or offshore facility security incident has the meaning given by subsections 170(1) and (2).
master , in relation to a ship, means the person who has command or charge of the ship.
mobile offshore drilling unit means a vessel capable of engaging in drilling operations for the purposes of exploring or exploiting resources beneath the seabed.
national security has the same meaning as in theNational Security Information (Criminal and Civil Proceedings) Act 2004 .
offshore area has the meaning given by subsection 17A(7).
offshore facility has the meaning given by section 17A.
offshore facility operator has the meaning given by section 17C.
offshore industry participant means:
(a) an offshore facility operator; or
(b) a contractor who provides services to an offshore facility operator; or
(c) a person who:
(i) conducts an enterprise connected with a security regulated offshore facility; and
(ii) is prescribed in the regulations.
Note: Neither the Australian Defence Force nor the Immigration and Border Protection Department can be an offshore industry participant. The regulations may also exclude other Commonwealth Agencies from being offshore industry participants: see subsection 9(3).
offshore security plan means a plan prepared for the purposes of Part 5A.
offshore security zone means an offshore security zone established under subsection 113A(1).
on‑board security zone means an on‑board security zone established under subsection 110(1).
operational area :
(a) in relation to a security regulated ship—has the meaning given by subsection 140(5); and
(b) in relation to a security regulated offshore facility—has the meaning given by subsection 140B(5).
ordinary search has the same meaning as in theCrimes Act 1914 .
overseas voyage , in relation to a ship, means a voyage in the course of which the ship travels between:
(a) a port in Australia and a port outside Australia; or
(b) a port in Australia and a place in the waters of the sea above the continental shelf of a country other than Australia; or
(c) a port outside Australia and a place in the waters of the sea above the continental shelf of Australia; or
(d) a place in the waters of the sea above the continental shelf of Australia and a place in the waters of the sea above the continental shelf of a country other than Australia; or
(e) ports outside Australia; or
(f) places beyond the continental shelf of Australia;
whether or not the ship travels between 2 or more ports in Australia in the course of the voyage.
passenger :
(a) means a passenger travelling by maritime transport; and
(b) includes an intending passenger.
passenger ship means a ship that carries more than 12 passengers.Note: A passenger ship may also be a cargo ship.
person with incident reporting responsibilities has the meaning given by subsection 175(4).
petroleum has the same meaning as in theOffshore 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 one or more of the following:
(a) the movement, loading, unloading, maintenance or provisioning of security regulated ships;
(b) the movement of goods that have been, or are intended to be, transported by security regulated ship;
(c) the storage of goods that have been, or are intended to be, transported by security regulated ship;
(d) the loading of goods that have been transported by security regulated ship on to another mode of transport;
(e) the unloading of goods that are intended to be transported by security regulated ship from another mode of transport;
(f) any other activity or thing that is critical to ensuring the security and reliability of an activity mentioned in any of the above paragraphs.
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
(c) in relation to a vehicle, has the meaning given by subsection 117(2); and
(d) in relation to a vessel, has the meaning given by subsection 118(2).
recognised security organisation has the meaning given by subsection 88(2).
regulated Australian ship has the meaning given by section 16.
regulated foreign ship has the meaning given by section 17.
screened :
(a) in relation to a person, has the meaning given by subsection 115(1); and
(b) in relation to goods, has the meaning given by subsection 116(1); and
(c) in relation to a vehicle, has the meaning given by subsection 117(1); and
(d) in relation to a vessel, has the meaning given by subsection 118(1).
screening 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
(c) the participant’s offshore security plan.
security regulated offshore facility has the meaning given by section 17B.
security regulated port has the meaning given by subsection 13(1).
security regulated ship has the meaning given by section 15.
ship means a vessel that is capable of navigating the high seas but does not include a vessel that is not self‑propelled.
ship enforcement order has the meaning given by subsection 195(2).
ship operator means:
(a) unless paragraph (b) applies—the owner of a security regulated ship; or
(b) if, under an agreement between the owner of the security regulated ship and another person, the other person is to be the ship operator for the security regulated ship for the purposes of this Act—that other person.
Note: Paragraph (b) means that a ship manager or bareboat charterer (or any other person) who has assumed responsibility for the operation of a ship, can, on assuming such responsibility, also agree to take over responsibility for meeting the obligations that are imposed on the ship operator for the ship under this Act.
ship regulated as an offshore facility means each of the following:
(a) an Australian ship regulated as an offshore facility;
(b) a foreign ship regulated as an offshore facility.
ship security plan means a plan prepared for the purposes of Part 4.
ship security record , in relation to a particular kind of security regulated ship or ship regulated as an offshore facility, means a document or information relating to maritime security prescribed in regulations as a document or information to be kept on, by or for a ship of that kind.
ship security zone means a ship security zone declared under subsection 106(1) or (1A).
SOLAS Convention means the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as amended from time to time.Note: The text of the Convention is set out in Australian Treaty Series 1983 No. 22. In 2003 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department’s website.
stores means:
(a) items that are to be carried on board a ship for use, sale or consumption on the ship; and
(b) items that are to be carried on an offshore facility for use, sale or consumption on the facility.
terrorist act has the same meaning as in Part 5.3 of theCriminal Code .
this Act includes the regulations.
threaten : a person is taken tothreaten 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).
(1) Any of the following done without lawful authority is an
unlawful interference with maritime transport or offshore facilities :(a) committing an act, or causing any interference or damage, that puts the safe operation of a port, or the safety of any person or property at the port, at risk;
(aa) committing an act, or causing any interference or damage, that puts the safe operation of an offshore facility, or the safety of any person or property at the offshore facility, at risk;
(b) taking control of a ship or offshore facility by force, or threat of force, or any other form of intimidation;
(c) destroying a ship that is being used for maritime transport;
(ca) destroying an offshore facility;
(d) causing damage to a ship that is being used for maritime transport that puts the safety of the ship, or any person or property on board or off the ship, at risk;
(e) doing anything on board a ship that is being used for maritime transport that puts the safety of the ship, or any person or property on board or off the ship, at risk;
(f) placing, or causing to be placed, on board a ship that is being used for maritime transport anything that puts the safety of the ship, or any person or property on board or off the ship, at risk;
(g) putting the safety of ships at risk by interfering with, damaging or destroying navigational aids, communication systems or security systems;
(h) putting the safety of ships at risk by communicating false information.
(2) However,
unlawful interference with maritime transport or offshore facilities does not include lawful advocacy, protest, dissent or industrial action that does not result in, or contribute to, an action of a kind mentioned in paragraphs (1)(a) to (h).
(1) A
port is one or more areas of land or water, or land and water, (including any buildings, installations or equipment situated in or on the land or water, or land and water) intended for use either wholly or partly in connection with one or more of the following:(a) the movement, loading, unloading, maintenance or provisioning of ships;
(b) the movement of goods that have been, or are intended to be, transported by ship;
(c) the storage of goods that have been, or are intended to be, transported by ship;
(d) the loading of goods that have been transported by ship on to another mode of transport;
(e) the unloading of goods that are intended to be transported by ship from another mode of transport;
(f) any other activity or thing that is critical to ensuring the security and reliability of an activity mentioned in any of the above paragraphs.
(2) A
port includes:(a) areas of water, between the land of the port and the open waters outside the port, intended for use by ships to gain access to loading, unloading or other land‑based facilities; and
(b) areas of open water intended for anchoring or otherwise holding ships before they enter areas of water described in paragraph (a); and
(c) areas of open water between the areas of water described in paragraphs (a) and (b).
(1) The Secretary may, by notice published in the Gazette, declare that areas of a port comprise a
security regulated port if the areas are intended for use either wholly or partly in connection with one or more of the following:(a) the movement, loading, unloading, maintenance or provisioning of security regulated ships;
(b) the movement of goods that have been, or are intended to be, transported by security regulated ship;
(c) the storage of goods that have been, or are intended to be, transported by security regulated ship;
(d) the loading of goods that have been transported by security regulated ship on to another mode of transport;
(e) the unloading of goods that are intended to be transported by security regulated ship from another mode of transport;
(f) any other activity or thing that is critical to ensuring the security and reliability of an activity mentioned in any of the above paragraphs.
(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.
(1) The Secretary may, by notice published in the
Gazette , designate a person as theport operator for a security regulated port.(2) In designating a person as a port operator, the Secretary must take into account:
(a) the ability of the person to undertake the functions of a port operator; and
(b) the physical and operational features of the port; and
(c) the views of the person, or persons, responsible for managing the operations of the port.
(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 .
(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
(c) a mobile offshore drilling unit that is on an overseas voyage (other than a unit that is attached to the seabed); 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.
(1) A ship is a
regulated foreign ship if the ship:(a) is a foreign ship; and
(b) is one of the following:
(i) a passenger ship;
(ii) a cargo ship of 500 gross tonnage or more;
(iii) a mobile offshore drilling unit (other than a unit that is attached to the seabed);
(iv) a ship of a kind prescribed in the regulations; and
(c) is in Australian waters; and
(d) is in, or is intending to proceed to, a port in Australia .
(2) However, the following ships are not
regulated foreign ships :(a) a foreign ship regulated as an offshore facility;
(b) a ship of a kind prescribed by the regulations.
(3) In this Act, a
foreign ship regulated as an offshore facility means a FPSO or FSU that is:(a) a foreign ship; and
(b) either a security regulated offshore facility or part of a security regulated offshore facility.
Note: A FPSO or FSU is both a ship and an offshore facility. As it is an offshore facility, the Secretary may declare it to be a security regulated offshore facility. If this happens, the ship ceases to be a security regulated ship.
(1) An
offshore facility is a facility, located in an offshore area, that is used in the extraction of petroleum from the seabed or its subsoil with equipment on, or forming part of, the facility, and includes:(a) any structure, located in the offshore area, used in operations or activities associated with, or incidental to, activities of that kind; and
(b) any vessel, located in the offshore area, used in operations or activities associated with, or incidental to, activities of that kind.
(2) A FPSO located in an offshore area is an
offshore facility .(3) A FSU located in an offshore area is an
offshore facility .Note: A FPSO or FSU is both a ship and an offshore facility. As it is an offshore facility, the Secretary may declare it to be a security regulated offshore facility. If this happens, the ship ceases to be a security regulated ship.
(4) However, a ship is not an
offshore facility , and does not form part of an offshore facility, if it is:(a) an offtake tanker; or
(b) a tug or an anchor handler; or
(c) a ship used to supply an offshore facility, or otherwise travel between an offshore facility and the shore.
(5) An
offshore facility does not include any pipeline that is beneath the low water mark.(6) A mobile offshore drilling unit is not an
offshore facility , and does not form part of an offshore facility.
(7) In this Act, an
offshore area is an area in:(a) Australian waters; or
(b) the exclusive economic zone of Australia (including its external Territories); or
(c) the sea over the continental shelf of Australia (including its external Territories).
(1) The Secretary may, by notice published in the
Gazette , declare that any of the following is asecurity regulated offshore facility :(a) an offshore facility;
(b) a part of an offshore facility;
(c) a group of offshore facilities;
(d) a part of a group of offshore facilities.
(2) The notice must include information on the location and boundaries of the security regulated offshore facility of the kind and in the form prescribed by the regulations.
(1) The Secretary may, in writing, designate a person as the
offshore facility operator for a security regulated offshore facility.(2) In designating a person as an offshore facility operator, the Secretary must take into account:
(a) the ability of the person to undertake the functions of an offshore facility operator; and
(b) the physical and operational features of the facility; and
(c) the views of the person, or persons, responsible for managing the operations of the facility; and
(d) whether the person is the operator in relation to the facility for the purposes of Schedule 3 to the
Offshore Petroleum and Greenhouse Gas Storage Act 2006 .
(1) This section applies to a person travelling (whether as a passenger or crew) on a foreign ship that is neither a regulated foreign ship, nor a foreign ship regulated as an offshore facility.
(2) No offence is committed by the person under this Act unless, at the time of the alleged offence:
(a) the person is involved in some activity in relation to a security regulated offshore facility; or
(b) the ship is involved in some activity in relation to a security regulated offshore facility, or is in Australian waters.
(3) No enforcement action may be taken against the person unless, at the time of the alleged incident giving rise to the enforcement action:
(a) the person is involved in some activity in relation to a security regulated offshore facility; or
(b) the ship is involved in some activity in relation to a security regulated offshore facility, or is in Australian waters.
(4) In this Act, an
enforcement action includes:(a) action by a maritime security inspector, a duly authorised officer, a law enforcement officer, a maritime security guard or a screening officer under Part 8; and
(b) issuing an infringement notice under regulations made under section 187; and
(c) making an enforcement order under Division 3 of Part 11; and
(d) granting an injunction under Division 5 of Part 11.
(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.
Ship master’s decisions (1) A person does not commit an offence against this Act if:
(a) a physical element of the offence exists (whether directly or indirectly) because the master of a ship engaged in conduct in the operation or control of the ship; and
(b) without the existence of that physical element the person would not commit the offence; and
(c) the master engaged in the conduct to protect the safety or security of:
(i) the ship; or
(ii) the ship’s cargo; or
(iii) a person (whether on board the ship or not); or
(iv) another ship; or
(v) a port, or a port facility or other installation within a port; or
(vi) an offshore facility; and
(d) the conduct was reasonable in the circumstances.
Note: A defendant bears an evidential burden in relation to the matters in subsection (1) (see subsection 13.3(3) of the
Criminal Code ).
Security directions (2) If:
(a) a person is required to comply with a security direction; and
(b) compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;
the person, in complying with the security direction, is taken not to have committed the offence or contravened the requirement.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the
Criminal Code ).
Control directions (3) If:
(a) a person is required to comply with a control direction; and
(b) compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;
the person, in complying with the control direction, is taken not to have committed the offence or contravened the requirement.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the
Criminal Code ).
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.
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.
Unless a declaration under subsection 22(1) provides otherwise, maritime security level 1 is in force for each:
(a) security regulated port; and
(b) regulated Australian ship; and
(ba) security regulated offshore facility; and
(c) area within a security regulated port; and
(d) maritime industry participant.
Note: For obligations on foreign ships, see Division 2 of Part 5.
(1) The Secretary may, by writing, declare that maritime security level 2 or maritime security level 3 is in force for one or more of the following as specified in the declaration:
(a) a security regulated port;
(b) a regulated Australian ship;
(ba) a security regulated offshore facility;
(c) an area within a security regulated port;
(d) a maritime industry participant;
(e) operations conducted by a maritime industry participant within, or in connection with, a security regulated port or a security regulated offshore facility.
(2) The Secretary may also, by writing, declare that maritime security level 2 or maritime security level 3 is in force for a regulated foreign ship.
(3) However, the Secretary must not make a declaration under subsection (1) or (2) unless it is appropriate for a higher level of security to be put into place for the port, ship, facility, area or participant concerned because a heightened risk to maritime transport or offshore facilities has been identified.
(4) If:
(a) a foreign ship regulated as an offshore facility is registered in another country (the
flag state ); and(b) the ship is directed by the flag state to implement a higher level of security than would otherwise apply under this Division;
then:
(c) that higher security level is taken to have been declared by the Secretary under subsection (1) to be in force for the ship; and
(d) the declaration is taken to have been made on the day on which the direction is given; and
(e) that higher security level is in force for the ship until it ceases to be in force under the law of the flag state; and
(f) if the ship is part of a security regulated offshore facility—the security level of the remainder of the facility is not affected.
Note: Maritime security plans, ship security plans and offshore security plans (see Parts 3, 4 and 5A) will set out security activities and measures to be undertaken or implemented when different maritime security levels are in force.
(5) A declaration under subsection (1) that a maritime security level is in force for a regulated Australian ship may specify that the level is only in force for the ship while it is in specified waters.
(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.
If the Secretary declares that a maritime security level is in force for a security regulated port, that maritime security level is in force for:
(a) every area; and
(b) every security regulated ship; and
(c) every ship regulated as an offshore facility; and
(d) every security regulated offshore facility; and
(e) any operations conducted by a maritime industry participant;
within the boundaries of the security regulated port.
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.
Maritime security plans (1) For the purposes of subsection 44(1), if:
(a) a maritime industry participant is required to comply with a maritime security plan; and
(b) the Secretary makes a declaration under subsection 22(1); and
(c) the effect of the declaration is that maritime security level 2 or 3 is in force for:
(i) the participant; or
(ii) an area controlled by the participant; or
(iii) particular operations of the participant;
the participant does not comply with the plan unless the participant implements the measures set out in the plan for the participant, area or operations, as required, for that maritime security level.
Ship security plans (2) For the purposes of subsection 63(1), if:
(a) a ship security plan is in force for a regulated Australian ship; and
(b) the Secretary makes a declaration under subsection 22(1); and
(c) the effect of the declaration is that maritime security level 2 or 3 is in force for the ship;
the ship security plan for the ship is not complied with unless the measures set out in the plan for that maritime security level are implemented.
Note: Obligations on regulated foreign ships to comply with security levels are set out in section 94.
Offshore security plans (3) For the purposes of subsection 100D(1), if:
(a) an offshore industry participant is required to comply with an offshore security plan; and
(b) the Secretary makes a declaration under subsection 22(1) or is taken to have made such a declaration because of subsection 22(4); and
(c) the effect of the declaration is that maritime security level 2 or 3 is in force for:
(i) the participant; or
(ii) particular operations of the participant;
the participant does not comply with the plan unless the participant implements the measures set out in the plan for the participant or operations, as required, for that maritime security level.
To avoid doubt, if maritime security level 1, 2 or 3 (the
existing security level ) is in force for:
(a) a security regulated port; or
(b) a regulated Australian ship; or
(ba) a ship regulated as an offshore facility; or
(bb) a security regulated offshore facility; or
(c) an area within a security regulated port; or
(d) a maritime industry participant; or
(e) the operations of a maritime industry participant;
and a security direction is given to, or in relation to, the port, ship, facility, area, participant or operation, the existing security level continues in force.
(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.
If the Secretary declares that:
(a) a maritime security level is in force for a regulated Australian ship; or
(b) a maritime security level is in force for a regulated Australian ship while it is in specified waters; or
(c) a maritime security level is in force for a regulated foreign ship;
the Secretary must, as soon as practicable, notify the ship operator for the ship, or the master of the ship.
(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.
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.
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.
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.
The regulations may prescribe requirements in relation to notifying declarations, and revocations of declarations, under this Division.
(1) If:
(a) a specific threat of unlawful interference with maritime transport or offshore facilities is made or exists; or
(b) a general threat of unlawful interference with maritime transport or offshore facilities is made or exists; or
(c) there is a change in the nature, or risk, of an existing general threat of unlawful interference with maritime transport or offshore facilities; or
(d) both of the following apply:
(i) a national emergency declaration (within the meaning of the
National Emergency Declaration Act 2020 ) is in force;(ii) the Secretary is satisfied that additional security measures are appropriate to support the national emergency declaration;
the Secretary may, in writing, direct that additional security measures be implemented or complied with.
(2) A direction under subsection (1) is a
security direction .(5) The regulations may prescribe requirements for, or in relation to, the giving of security directions.
(1) A security direction may include restrictions in relation to the disclosure of the direction.
(2) Such restrictions are
confidentiality requirements .
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.
(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.
(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.
(1) The Secretary must, as soon as reasonably practicable after giving a security direction, notify the Minister, in writing, of:
(a) the giving of the direction; and
(b) the terms of the direction.
(2) Failure to comply with this section does not affect the validity of the direction.
(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(1)(d)—the national emergency declaration (within the meaning of the
National Emergency Declaration Act 2020 ) ceases to be in force.
(1) The Secretary may, by writing, revoke a security direction.
(1A) A security direction covered by paragraph 33(1)(a) must be revoked when the specific threat no longer exists.
(1AA) A security direction covered by paragraph 33(1)(b) must be revoked when the general threat no longer exists.
(2) If:
(a) the Secretary gives a security direction to a person (including a direction given under section 36 to the ship operator for, or the master of, a security regulated ship, or a direction given under section 36A to the offshore facility operator for, or the master of, a ship regulated as an offshore facility); and
(b) the Secretary revokes the direction; and
(c) the direction has not been displayed under subsection 35(2);
the Secretary must notify the person of the revocation.
(3) If the Secretary has displayed a security direction under subsection 35(2) and the Secretary revokes the direction, the Secretary must remove the displayed direction.
(1) A person (including a person to whom a security direction to a ship is given under section 36 or 36A) commits an offence if:
(a) a security direction is given to, or communicated to, the person; and
(b) the direction is in force; and
(c) the person fails to comply with the direction; and
(d) the failure is not a failure to comply with confidentiality requirements.
Penalty: For a port operator, ship operator, port facility operator or offshore facility operator—200 penalty units.
For a maritime industry participant other than a port operator, ship operator, port facility operator or offshore facility operator—100 penalty units.
For any other person—50 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the
Criminal Code ).(3) Subsection (1) is an offence of strict liability.
(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.
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.
(1) The following maritime industry participants are required to have a maritime security plan:
(a) a port operator;
(b) a port facility operator;
(c) a participant of a kind prescribed in the regulations;
(d) a particular participant prescribed in the regulations.
Note: Part 4 deals with security plans for regulated Australian ships.
(2) The Secretary may, by written notice given to a maritime industry participant, permit the participant to have more than one maritime security plan.
(3) The notice must specify the operations or locations to be covered by each plan.
(4) If the participant has more than one plan, the participant is required to have all of the plans specified in the notice.
(1) A maritime industry participant commits an offence if:
(a) the participant is required under section 42 to have a maritime security plan; and
(b) the participant operates as a participant of that kind; and
(c) there is not such a plan in force for the participant.
Penalty: For a port operator or port facility operator—200 penalty units.
For any other maritime industry participant—100 penalty units.
(2) Subsection (1) does not apply if the participant has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the
Criminal Code ).(3) Subsection (1) is an offence of strict liability.
(1) A maritime industry participant commits an offence if:
(a) the participant is required under section 42 to have a maritime security plan; and
(b) there is such a plan for the participant in force; and
(c) the participant fails to comply with the plan.
Penalty: For a port operator or port facility operator—200 penalty units.
For any other maritime industry participant—100 penalty units.
(2) Subsection (1) does not apply if the participant has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the
Criminal Code ).(3) Subsection (1) is an offence of strict liability.
(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.
(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.
(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.
The regulations may prescribe specific matters that are to be dealt with in one or more of the following:
(a) each maritime security plan;
(b) each maritime security plan for a particular kind of maritime industry participant;
(c) each maritime security plan for a particular class of a particular kind of maritime industry participant.
(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.
(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.
(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;
(a) between Australia and places outside Australia; or
(b) among the States; or
(c) within a Territory, between a State and a Territory or between 2 Territories.
(5) This Act also has the effect that it would have if its operation were expressly confined to acts or omissions taking place in a Territory.
(6) This Act also has the effect that it would have if its operation were expressly confined to acts or omissions taking place outside Australia .
(7) This Act also has the effect that it would have if its operation were expressly confined to matters:
(a) in relation to which the Commonwealth is under an obligation under an international agreement; or
(b) that are of international concern.
(8) This Act also has the effect that it would have if the provisions of this Act relating to security regulated offshore facilities or the acts or omissions of persons in, around or in relation to a security regulated offshore facility were expressly confined to cases where the facility is:
(a) engaged or used in trade or commerce:
(i) between Australia and places outside Australia; or
(ii) among the States; or
(iii) within a Territory, between a State and a Territory or between 2 Territories; or
(b) operated or controlled by a corporation, or corporations, to which paragraph 51(xx) of the Constitution applies.
(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.
(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.
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
The abbreviation key sets out abbreviations that may be used in the endnotes.
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.
The
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.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
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 = | Sch = Schedule(s) |
LIA = | 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 | |
No. = Number(s) | commenced or to be commenced |
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 |
| ||||
| 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 |
| ||||
| 93, 2017 | 23 Aug 2017 | Sch 2 (item 9): 20 Sept 2017 (s 2(1) item 4) | — |
Maritime Transport and Offshore Facilities Security Amendment (Inter‑State Voyages) Act 2016 | 2, 2016 | 10 Feb 2016 | Sch 1: 10 Aug 2016 (s 2(1) item 2) | — |
Transport Security Legislation Amendment Act 2017 | 18, 2017 | 28 Mar 2017 | Sch 1 (item 8): 28 Mar 2017 (s 2(1) item 1) | — |
Home Affairs and Integrity Agencies Legislation Amendment Act 2018 | 31, 2018 | 9 May 2018 | Sch 2 (items 119, 120, 284): 11 May 2018 (s 2(1) items 3, 7) | Sch 2 (item 284) |
Transport Security Amendment (Testing and Training) Act 2020 | 125, 2020 | 15 Dec 2020 | Sch 2 (items 11–20): 15 June 2021 (s 2(1) item 3) | — |
National Emergency Declaration (Consequential Amendments) Act 2020 | 129, 2020 | 15 Dec 2020 | Sch 1 (items 28, 29): 16 Dec 2020 (s 2(1) item 2) | — |
Transport Security Amendment (Serious Crime) Act 2021 | 44, 2021 | 22 June 2021 | Sch 1 (items 7–18): 23 June 2021 (s 2(1) item 2) | — |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 1 (items 65–68): 20 Mar 2024 (s 2(1) item 2) | — |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 2 (items 3, 306): 14 Oct 2024 (s 2(1) item 2) | — |
Transport Security Amendment (Security of Australia’s Transport Sector) Act 2025 | 22, 2025 | 27 Mar 2025 | Sch 1 (items 16–47, 67–100, 112–130) and Sch 2: Sch 3 (items 10–20, 28–32, 34–38): 28 Mar 2025 (s 2(1) item 4) |
Title........................................... | am. No. 67, 2005 |
s. 1............................................ | am. No. 67, 2005 |
s 3............................................. | am No 67, 2005; No 44, 2021; |
s 4............................................. | am No 67, 2005; No 81, 2010; No 38, 2024; |
s. 6............................................ | rs No 67, 2005 |
am | |
s. 9............................................ | am. No. 67, 2005; No. 33, 2009; No 41, 2015 |
s 10............................................ | am No 67, 2005; No 17, 2006; No 103, 2006; No 117, 2008; No 138, 2008; No 33, 2009; No 8, 2010; No 81, 2010; No 46, 2011; No 129, 2012; No 41, 2015; No 62, 2015; No 2, 2016; No 125, 2020; No 22, 2025 |
s 10A......................................... | ad |
Division 4A................................ | ad |
s 10B......................................... | ad |
s 10C......................................... | ad |
s 10D......................................... | ad |
s 10E......................................... | ad |
Division 4B................................ | ad |
s 10F.......................................... | ad |
Division 5 heading...................... | rs No 67, 2005 |
s 11............................................ | am No 67, 2005; |
Division 5A................................ | ad |
s 11A......................................... | ad |
s 12............................................ | am No 22, 2025 |
s 13............................................ | am No 22, 2025 |
s. 15........................................... | am. No. 81, 2010 |
s 16............................................ | am No 67, 2005; No 103, 2006; No 2, 2016; |
s 17............................................ | am No 67, 2005; No 103, 2006; |
s 17AA...................................... | ad |
Division 7A................................ | ad. No. 67, 2005 |
s 17A......................................... | ad No 67, 2005 |
am | |
s 17B......................................... | ad No 67, 2005 |
s. 17C........................................ | ad. No. 67, 2005 |
am. No. 17, 2006; No. 117, 2008 | |
Division 7B................................ | ad No 67, 2005 |
s 17D......................................... | ad No 67, 2005 |
am | |
s 17E......................................... | ad No 67, 2005 |
am | |
s. 18........................................... | am. No. 67, 2005 |
s 20............................................ | am No 67, 2005; |
s. 21........................................... | am. No. 67, 2005 |
s 22............................................ | am No 67, 2005; No 103, 2006; |
s. 23........................................... | am. No. 67, 2005 |
rs. No. 103, 2006 | |
s 24............................................ | am No 67, 2005; |
s. 24A........................................ | ad. No. 67, 2005 |
s 25............................................ | am No 67, 2005; |
s 26............................................ | am No 67, 2005; |
s. 27........................................... | am. No. 67, 2005 |
s. 28........................................... | rs. No. 103, 2006 |
s 28A......................................... | ad No 67, 2005 |
am | |
s. 30........................................... | am. No. 67, 2005 |
s. 31........................................... | am. No. 67, 2005 |
s 33............................................ | am. No. 67, 2005; No 129, 2020; No 22, 2025 |
s. 35........................................... | am. No. 67, 2005 |
s 36A......................................... | ad No 67, 2005 |
rep | |
s 36B......................................... | ad No 22, 2025 |
s 37............................................ | am No 129, 2020; No 22, 2025 |
s 38............................................ | am No 67, 2005; No 22, 2025 |
s 39............................................ | am No 67, 2005; No 103, 2006; |
s 40............................................ | am No 67, 2005; |
s 41........................................... | am |
ss. 42–44.................................... | am. No. 138, 2008 |
s. 46........................................... | am. No. 103, 2006 |
s 47............................................ | am No 109, 2006; No 138, 2008; |
s 48............................................ | am |
s. 49........................................... | am. No. 109, 2006; No. 138, 2008 |
Division 5 heading...................... | rs. No. 109, 2006 |
s. 50........................................... | rs. No. 109, 2006 |
s 51............................................ | am No 67, 2005; No 109, 2006; No 38, 2024 |
s. 52........................................... | am. No. 109, 2006; No. 138, 2008 |
s 52A......................................... | ad No 109, 2006 |
am No 138, 2008; No 38, 2024 | |
s. 54........................................... | rs. No. 109, 2006 |
am. No. 138, 2008 | |
s. 55........................................... | am. No. 67, 2005; No. 109, 2006; No. 138, 2008 |
s. 56........................................... | rs. No. 109, 2006 |
rep. No. 138, 2008 | |
s 57A......................................... | ad |
Division 6.................................. | ad |
s 59A......................................... | ad |
s 59B......................................... | ad |
Part 4 heading............................. | rs. No. 67, 2005 |
s 60............................................ | am No 67, 2005; |
s 61A......................................... | ad No 81, 2010 |
am No 74, 2023 | |
s. 64........................................... | am. No. 103, 2006 |
s 66............................................ | am No 109, 2006; |
s 67............................................ | am |
Division 5 heading...................... | rs. No. 109, 2006 |
s. 69........................................... | rs. No. 109, 2006 |
s 70............................................ | am No 67, 2005; No 109, 2006; No 38, 2024 |
s. 71........................................... | am. No. 109, 2006; No. 138, 2008 |
s 71A......................................... | ad No 109, 2006 |
am No 138, 2008; No 38, 2024 | |
s. 73........................................... | rs. No. 109, 2006 |
s. 74........................................... | am. No. 67, 2005; No. 109, 2006 |
s. 75........................................... | rs. No. 109, 2006 |
rep. No. 138, 2008 | |
s 76A......................................... | ad |
Division 5A................................ | ad |
s 78A......................................... | ad |
s 78B......................................... | ad |
s. 79........................................... | am. No. 67, 2005 |
s 79A......................................... | ad No 81, 2010 |
am No 74, 2023 | |
s 81............................................ | am No 74, 2023 |
s. 83........................................... | am. No. 67, 2005 |
Part 4A...................................... | ad |
s 89A......................................... | ad |
s 89B......................................... | ad |
s 89C......................................... | ad |
s 89D......................................... | ad |
s 89E......................................... | ad |
s. 91........................................... | am. No. 81, 2010 |
ss. 97, 98.................................... | am. No. 67, 2005 |
s. 99........................................... | am. No. 67, 2005 |
Part 5A...................................... | ad. No. 67, 2005 |
s 100A....................................... | ad No 67, 2005; |
ss. 100B–100D........................... | ad. No. 67, 2005 |
am. No. 138, 2008 | |
s 100E........................................ | ad No 67, 2005 |
s 100F........................................ | ad No 67, 2005 |
s 100G....................................... | ad No 67, 2005 |
am No 109, 2006; No 138, 2008; | |
s 100H....................................... | ad No 67, 2005 |
am | |
s. 100I........................................ | ad. No. 67, 2005 |
am. No. 109, 2006; No. 138, 2008 | |
Division 5 heading...................... | rs. No. 109, 2006 |
s. 100J....................................... | ad. No. 67, 2005 |
rs. No. 109, 2006 | |
s 100K....................................... | ad No 67, 2005 |
am No 109, 2006; No 38, 2024 | |
s. 100L....................................... | ad. No. 67, 2005 |
am. No. 109, 2006; No. 138, 2008 | |
s 100LA..................................... | ad No 109, 2006 |
am No 138, 2008; No 38, 2024 | |
s. 100M...................................... | ad. No. 67, 2005 |
s. 100N...................................... | ad. No. 67, 2005 |
rs. No. 109, 2006 | |
am. No. 138, 2008 | |
s. 100O...................................... | ad. No. 67, 2005 |
am. No. 109, 2006; No. 138, 2008 | |
s. 100P....................................... | ad. No. 67, 2005 |
rs. No. 109, 2006 | |
rep. No. 138, 2008 | |
s 100Q....................................... | ad No 67, 2005 |
s 100QA..................................... | ad |
s 100R....................................... | ad No 67, 2005 |
s 100S........................................ | ad No 67, 2005 |
s 100T........................................ | ad No 67, 2005 |
Division 6.................................. | ad |
s 100TA..................................... | ad |
s 100TB..................................... | ad |
Part 5B....................................... | ad No 67, 2005 |
rep | |
s 100U....................................... | ad No 67, 2005 |
rep | |
s 100V....................................... | ad No 67, 2005 |
rep | |
s 100W...................................... | ad No 67, 2005 |
rep | |
s 100X....................................... | ad No 67, 2005 |
am No 74, 2023 | |
rep | |
s 100Y....................................... | ad No 67, 2005 |
rep | |
s 100Z........................................ | ad No 67, 2005 |
rep | |
s 100ZA..................................... | ad No 67, 2005 |
rep
s 100ZB.....................................
ad No 67, 2005
rep
s 100ZC.....................................
ad No 67, 2005
rep
s 100ZD.....................................
ad No 67, 2005
rep
s 100ZE.....................................
ad No 67, 2005
rep
s 100ZF......................................
ad No 67, 2005
rep
Part 5C.......................................
ad No 67, 2005
rep
s 100ZG.....................................
ad No 67, 2005
rep
s 100ZH.....................................
ad No 67, 2005
rep
s 100ZI......................................
ad No 67, 2005
rep
s 100ZJ......................................
ad N. 67, 2005
rep
s 100ZK.....................................
ad No 67, 2005
rep
s 100ZL.....................................
ad No 67, 2005
rep
s 100ZM....................................
ad No 67, 2005
rep
s 100ZN.....................................
ad No 67, 2005
rep
s 101..........................................
am No 67, 2005; No 44, 2021
s. 102.........................................
am. No. 109, 2006; No. 138, 2008
s 104..........................................
am No 67, 2005
s 105..........................................
am No 67, 2005; No 44, 2021
s 106..........................................
am No 67, 2005;
s 108..........................................
am No 67, 2005;
s 109..........................................
am No 67, 2005; No 44, 2021;
s 113..........................................
am No 67, 2005; No 44, 2021
Division 5..................................
ad. No. 67, 2005
s. 113A......................................
ad. No. 67, 2005
am. No. 109, 2006; No. 138, 2008
ss. 113B, 113C............................
ad. No. 67, 2005
s 113D.......................................
ad No 67, 2005
am No 103, 2006; No 44, 2021
Division 6..................................
ad No 44, 2021
s 113E........................................
ad No 44, 2021
s 113F........................................
ad No 44, 2021
s 114..........................................
am No 67, 2005;
ss. 115–118................................
am. No. 67, 2005
s 119..........................................
am No 67, 2005; No 81, 2010; No 125, 2020
s 122..........................................
am No 67, 2005;
s 123..........................................
am No 67, 2005;
s 124..........................................
am No 67, 2005;
s 126..........................................
am No 67, 2005;
s 129..........................................
am No 67, 2005;
s 130..........................................
am No 67, 2005;
s 131..........................................
am No 67, 2005;
s. 133.........................................
am. No. 67, 2005;
s. 134.........................................
am. No. 81, 2010
s 135..........................................
am No 67, 2005;
s 138..........................................
am No 67, 2005;
s 139..........................................
am No 67, 2005; No 81, 2010;
s. 140.........................................
am. No. 67, 2005
s 140A.......................................
ad No 67, 2005
am No 81, 2010;
s. 140B......................................
ad. No. 67, 2005
s 141..........................................
am No 81, 2010;
s 143..........................................
am
s. 144.........................................
am. No. 67, 2005
s 145..........................................
am No 67, 2005; No 22, 2025
s 145A.......................................
ad No 67, 2005
am
s 145B.......................................
ad No 67, 2005
am No 22, 2025
Division 2A................................
ad. No. 81, 2010
ss. 145C–145G...........................
ad. No. 81, 2010
s. 146.........................................
am. No. 67, 2005; No. 129, 2012; No 62, 2015
s. 147.........................................
am. No. 129, 2012; No 62, 2015
s. 148.........................................
am. No. 67, 2005
s 148A.......................................
ad No 67, 2005
am
s 150..........................................
am No 67, 2005;
s 151..........................................
am No 67, 2005
s. 152A......................................
ad. No. 67, 2005
s 153..........................................
am No 67, 2005;
s 154..........................................
am No 67, 2005
s 155..........................................
am No 67, 2005
s 156..........................................
am No 67, 2005;
ss. 158, 159................................
am. No. 67, 2005
s. 161.........................................
rs. No. 103, 2006
s. 162.........................................
am. No. 67, 2005
s 163A.......................................
ad No 103, 2006
s 163B.......................................
ad No 103, 2006
s 163C.......................................
ad No 103, 2006
s 163D.......................................
ad No 103, 2006
s 163E........................................
ad No 103, 2006
am
s 164..........................................
am No 81, 2010; No 125, 2020
s 165..........................................
am No 125, 2020
s 165A.......................................
ad No 125, 2020
s 165B.......................................
ad No 125, 2020
s 165C.......................................
ad No 125, 2020
s 165D.......................................
ad No 125, 2020
s 166..........................................
am No 22, 2025
ss 166A......................................
ad. No. 81, 2010
s 166B.......................................
ad No. 81, 2010
am No 22, 2025
s 166C.......................................
ad. No. 81, 2010;
am No 22, 2025
s 168..........................................
rep No 125, 2020
Part 9 heading.............................
rs No 67, 2005
s. 169.........................................
am. No. 67, 2005
Division 2 heading......................
rs No 67, 2005
s 170..........................................
am No 67, 2005;
s 171..........................................
am No 67, 2005;
s 172..........................................
2005;
s 173..........................................
am No 67, 2005;
s 174..........................................
am No 67, 2005;
s 174A.......................................
ad No 67, 2005
am
s 175..........................................
am No 67, 2005;
s 176..........................................
am No 67, 2005;
s 177..........................................
am No 67, 2005;
s 178..........................................
am No 67, 2005;
s 179..........................................
am No 67, 2005;
s 179A.......................................
ad No 67, 2005;
s 180..........................................
am. No. 67, 2005;
s 181..........................................
am No 67, 2005;
s. 182.........................................
am. No. 67, 2005; No. 109, 2006
s. 183.........................................
am. No. 67, 2005
s. 187.........................................
am. No. 67, 2005; No. 103, 2006
s. 189.........................................
am. No. 67, 2005
s. 191.........................................
am. No. 67, 2005
s. 195.........................................
am. No. 67, 2005
s. 198.........................................
am. No. 67, 2005
s. 199.........................................
am. No. 138, 2008
s. 200A......................................
ad. No. 67, 2005
am. No. 138, 2008
s 201..........................................
am No 67, 2005; No 109, 2006; No 138, 2008; No 81, 2010; No 38, 2024;
s 202..........................................
am No 81, 2010; No 18, 2017; No 31, 2018; No 125, 2020
s. 202A......................................
ad. No. 81, 2010
s. 203.........................................
am. No. 67, 2005
s 208..........................................
am No 67, 2005; No 44, 2021
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