Maritime Transport and Offshore Facilities Security Amendment (Inter-State Voyages) Regulation 2016 (Cth)

Maritime Transport and Offshore Facilities Security Amendment (Inter‑State Voyages) Regulation 2016

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 17 August 2016

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Darren Chester

Minister for Infrastructure and Transport

Contents

1Name

This is the Maritime Transport and Offshore Facilities Security Amendment (Inter-State Voyages) Regulation 2016.

2Commencement

1. (1)

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

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.	20 August 2016

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Maritime Transport and Offshore Facilities Security Act 2003.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Maritime Transport and Offshore Facilities Security Regulations 2003

1

Subregulation 1.03(1)

Insert:

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

1. (a)

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

2. (b)

   a port in a State and a port in a Territory; or

3. (c)

   a port in a Territory and a port in another Territory;

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

1. 2

   Subregulation 1.03(1) (definition of large passenger ship)

Repeal the definition, substitute:

large passenger ship means either of the following:

1. (a)

   a regulated Australian ship of a kind mentioned in paragraph 16(1)(a) of the Act that has a maximum capacity of 151 or more passengers;

2. (b)

   a regulated foreign ship of a kind mentioned in subparagraph 17(1)(b)(i) of the Act that has a maximum capacity of 151 or more passengers.

1. 3

   Subregulation 1.03(1) (definition of passenger and vehicle ferry)

Repeal the definition.

1. 4

   Subregulation 1.03(1) (definition of small passenger ship)

Repeal the definition, substitute:

small passenger ship means either of the following:

1. (a)

   a regulated Australian ship of a kind mentioned in paragraph 16(1)(a) of the Act that has a maximum capacity of more than 12 passengers but not more than 150 passengers;

2. (b)

   a regulated foreign ship of a kind mentioned in subparagraph 17(1)(b)(i) of the Act that has a maximum capacity of more than 12 passengers but not more than 150 passengers.

5

After regulation 1.70

Insert:

1.72Prescribed kinds of regulated Australian ships

For paragraph 16(1)(d) of the Act, an Australian ship that:

1. (a)

   is capable of being used to carry both passengers and vehicles on inter‑State voyages; and

2. (b)

   is used to carry both passengers and vehicles on inter‑State voyages;

is prescribed.

6

Regulation 1.75

Omit “or inter‑State”.

7

Regulation 1.85

Repeal the regulation.

8

Subregulation 3.160(1)

Omit “security regulated passenger ships”, substitute “security regulated ships that are passenger ships”.

9

After subregulation 3.160(1)

Insert:

1. (1A)

   Paragraph (1)(a) applies in relation to the loading or unloading of the following:

   1. (a)

      a regulated Australian ship of a kind mentioned in paragraph 16(1)(a) of the Act;

   2. (b)

      a regulated foreign ship of a kind mentioned in subparagraph 17(1)(b)(i) of the Act.

10

Paragraph 7.20(a)

Omit “security regulated passenger ship”, substitute “security regulated ship that is a passenger ship”.

11

Subregulation 7.25(1)

Omit “security regulated passenger ship”, substitute “security regulated ship that is a passenger ship”.

12

Paragraph 7.25(3)(a)

Omit “security regulated passenger ship”, substitute “security regulated ship that is a passenger ship”.

1. 13

   Subregulations 7.25(4), 7.27(1), 7.28(1) and 7.29(1)

Omit “security regulated passenger ship”, substitute “security regulated ship that is a passenger ship”.

14

After subregulation 7.30(1)

Insert:

(1A) To avoid doubt, and without limiting subregulation (1), a notice under that subregulation may apply in relation to a large passenger ship or a small passenger ship.

15

Subregulations 7.35(3), (4), (5) and (6)

Omit “security regulated passenger ship”, substitute “security regulated ship that is a passenger ship”.