Maritime Transport and Offshore Facilities Security Amendment (Offshore Exceptions) Regulation 2015 (Cth)

Maritime Transport and Offshore Facilities Security Amendment (Offshore Exceptions) Regulation 2015

Select Legislative Instrument No. 49, 2015

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 16 April 2015

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Warren Truss

Minister for Infrastructure and Regional Development

Contents

1............ Name.................................................................................................. 1

2............ Commencement.................................................................................. 1

3............ Authority............................................................................................ 1

4............ Schedules............................................................................................ 1

Schedule 1—Amendments                                                                            2

Maritime Transport and Offshore Facilities Security Regulations 2003        2

1Name

This is the Maritime Transport and Offshore Facilities Security Amendment (Offshore Exceptions) Regulation 2015.

2Commencement

This instrument commences on the day after it is registered.

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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  At the end of paragraph 6.07J(2)(a)

Add:

                           (iv)  is a person to whom paragraph (f) applies; or

2  At the end of subregulation 6.07J(2)

Add:

               ; or (f)  a person who:

                             (i)  is a crew member of an offshore facility that is in an offshore security zone; and

                            (ii)  is in the offshore security zone, carrying out his or her duties as such a crew member; and

                           (iii)  holds a valid MSIC; or

                    (g)  a person who:

                             (i)  is a crew member of a regulated foreign ship, or a foreign ship regulated as an offshore facility, that is in an offshore water‑side zone; and

                            (ii)  is in the offshore water‑side zone, carrying out his or her duties as such a crew member; and

                           (iii)  is not an Australian citizen and does not hold a visa entitling him or her to work in Australia.

Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code.