Maritime Transport and Offshore Facilities Security Amendment Regulations 2006 (No. 3) (Cth)

Maritime Transport and Offshore Facilities Security Amendment Regulations 2006 (No. 3)¹

Select Legislative Instrument 2006 No. 372

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Maritime Transport and Offshore Facilities Security Act 2003.

Dated 13 December 2006

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

MARK VAILE

Minister for Transport and Regional Services

Name of Regulations

These Regulations are the Maritime Transport and Offshore Facilities Security Amendment Regulations 2006 (No. 3).

Commencement

These Regulations commence on 1 January 2007.

Amendment of Maritime Transport and Offshore Facilities Security Regulations 2003

Schedule 1 amends the Maritime Transport and Offshore Facilities Security Regulations 2003.

Schedule 1 Amendments

(regulation 3)

[1] Paragraph 3.35 (1) (h)

substitute

(h)the contact details for the PSO.

Subregulation 3.35 (1), note

omit

Paragraph 3.100 (g)

substitute

(g)the contact details for the PFSO.

Regulation 3.100, note

omit

Paragraph 3.185 (f)

substitute

(f)the contact details for the PSPSO.

Regulation 3.185, note

omit

Paragraphs 4.30 (1) (d) and (e)

substitute

(d)the contact details for the CSO;

(e)the name and contact details for the SSO.

Subregulation 4.30 (1), note

omit

Paragraph 5A.30 (f)

substitute

(f)the contact details for the OFSO of the operator.

Regulation 5A.30, note

omit

Paragraph 5A.120 (f)

substitute

(f)the contact details of the OSPSO of the service provider.

Regulation 5A.120, note

omit

Subparagraphs 6.07A (1) (c) (i) and (ii)

substitute

(i)displays a valid MSIC or temporary MSIC; or

(ii)is escorted by the holder of an MSIC or a temporary MSIC.

Paragraph 6.07A (2) (d)

omit

MSICs.

insert

MSICs; and

After paragraph 6.07A (2) (d)

insert

(e)the issuing and display of temporary MSICs.

Regulation 6.07B, definition of holder

substitute

holder, of an MSIC or a temporary MSIC, means the person to whom it is issued.

Regulation 6.07B, definition of MSIC

substitute

MSIC means a maritime security identification card issued under regulation 6.08C.

Regulation 6.07B, after definition of sentence, including the notes

insert

temporary MSIC means an identity document issued under regulation 6.08K.

Regulations 6.07D and 6.07E

substitute

6.07DMeaning of valid MSIC or valid temporary MSIC

(1)For this Division, an MSIC or a temporary MSIC is valid if:

(a)it is issued in accordance with:

(i)for an MSIC — regulation 6.08C; or

(ii)for a temporary MSIC — regulation 6.08K; and

(b)it is not expired or cancelled; and

(c)it is not altered or defaced (permanently or temporarily); and

(d)the person who shows or displays it is the person to whom it was issued.

(2)However, an MSIC or a temporary MSIC issued to a person who changes his or her name ceases to be valid 1 month after the day on which the change is made unless the MSIC or temporary MSIC ceases to be valid before that day.

(3)A temporary MSIC is valid only in the maritime security zone or zones that, under subparagraph 6.08KA (1) (c) (v), the temporary MSIC displays or includes.

6.07EMeaning of properly displaying

(1)For this Division, a person is properly displaying an MSIC only if:

(a)the person is wearing the MSIC as required by this regulation; and

(b)the whole of the front of the MSIC is clearly visible at all times that it is being worn.

(2)The person must wear the MSIC in 1 of the following ways:

(a)attached, at or above the waist, to the front or side of his or her clothing;

(b)on a band around his or her upper arm.

(3)In this regulation, MSIC includes a temporary MSIC.

Paragraph 6.07G (2) (b)

substitute

(b)a certificate of Australian citizenship (within the meaning in the Australian Citizenship Act 1948) granted to him or her, or a copy of the certificate, certified under section 44 of that Act; or

Regulation 6.07I, definition of escort, note

substitute

Note Unless exempt, an escort must hold a valid MSIC or valid temporary MSIC: see regulation 6.07J.

Paragraph 6.07J (1) (b)

omit

valid MSIC.

insert

valid MSIC or valid temporary MSIC.

Subparagraph 6.07J (2) (a) (i)

omit

valid MSIC; or

insert

valid MSIC or valid temporary MSIC; or

Paragraph 6.07J (2) (c)

omit

offshore facility.

insert

offshore facility; or

After paragraph 6.07J (2) (c)

insert

(d)a person who, with the permission of the ship’s master, is on board a security regulated ship that is in a water‑side restricted zone; or

(e)a person who:

(i)is a crew member of a security regulated ship that is in a water‑side restricted zone and docked at a land‑side restricted zone; and

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

(iii)does not enter a maritime security zone other than a zone mentioned in subparagraph (i).

After subregulation 6.07M (6)

insert

(7)In this regulation, MSIC includes a temporary MSIC.

Paragraph 6.07N (1) (b)

substitute

(b)law enforcement officers or ambulance, rescue or fire service officers who are responding to an emergency.

Subregulation 6.07N (2)

substitute

(2)A requirement of this Part to hold, carry or display an MSIC or a temporary MSIC does not apply to a person referred to in paragraph (1) (a) or (b).

Subregulation 6.08B (2)

substitute

(2)An applicant who has turned 18 must prepare a signed form of consent to background checking of the applicant and send the form to the AFP.

Subparagraph 6.08C (1) (c) (i)

substitute

(i)the person has shown the issuing body a document that is evidence that he or she is an Australian citizen (for example, his or her Australian birth certificate, Australian passport or certificate of Australian citizenship); or

Subregulation 6.08C (2)

substitute

(2)For subparagraphs (1) (e) (i) and (ii), the Secretary must decide whether the criminal records check shows that the person has an adverse criminal record.

Subregulation 6.08D (1)

omit

, before 1 January 2007,

After subregulation 6.08D (2)

insert

(3)If the Secretary thinks it is necessary to do so to prevent unlawful interference with maritime transport or offshore facilities, he or she may:

(a)direct the issuing body to which the person applied for the issue of an MSIC, in writing, to give the Secretary the following information:

(i)the name of the person’s employer;

(ii)the kind of business that the employer is engaged in; and

(b)give a written notice to the person’s employer, a maritime industry participant or both:

(i)stating that, following a background check, a disqualifying notice has been sent to the person; and

(ii)stating the information provided by the issuing body following a direction under paragraph (a).

After subregulation 6.08F (6), including the example

insert

(7)Subregulation (8) applies on the earlier of the following:

(a)at the end of the period of 30 days beginning on the day after the Secretary has decided, under subparagraph 6.08C (1) (e) (ii), that the person has an adverse criminal record;

(b)the end of the day on which the Secretary, under paragraph (3) (b), notifies the body or applicant that he or she has refused to approve the issuing of an MSIC.

(8)If the Secretary thinks it is necessary to do so to prevent unlawful interference with maritime transport or offshore facilities, he or she may:

(a)direct the issuing body to which the person applied for the issue of an MSIC, in writing, to give the Secretary the following information:

(i)the name of the person’s employer;

(ii)the kind of business that the employer is engaged in; and

(b)give a written notice to the person’s employer, a maritime industry participant or both:

(i)stating that, following a background check, the Secretary has refused to approve the issue of an MSIC to the person; and

(ii)stating the information provided by the issuing body following a direction under paragraph (a).

Regulation 6.08G

omit

Subregulation 6.08J (3A)

substitute

(3A)On an MSIC:

(a)the holder’s name must appear in 20 point Arial bold; or

(b)if the name will not fit within the space shown on the diagram when reproduced in accordance with paragraph (a), it must appear in Arial bold of the largest size between 12 and 20 point (inclusive) that results in the name being reproduced at a width of no more than 48 mm.

Subregulation 6.08J (6)

after

(3),

insert

(3A),

Regulation 6.08K

substitute

6.08KTemporary MSICs

(1)A temporary MSIC may be issued to a person by a maritime industry participant if:

(a)either:

(i)the person is the holder of an MSIC and has forgotten the MSIC, or it has been lost, stolen or destroyed; or

(ii)subregulation (2) applies to the person; and

(b)the participant is shown a document that provides evidence of the identity of the person; and

(c)the participant’s maritime security plan, ship security plan or offshore security plan provides for the participant to:

(i)issue temporary MSICs; and

(ii)create, and keep for auditing purposes, a register of those temporary MSICs; and

(d)the participant acts in accordance with its security plan.

(2)This subregulation applies to a person if:

(a)he or she is an MSIC applicant; and

(b)the Secretary notifies the participant, in writing, that:

(i)a security assessment of the person has been made, and the Secretary is satisfied that the holding of a temporary MSIC by the person would not constitute a threat to the security of maritime transport or an offshore facility; and

(ii)no decision has been made that the person has an adverse criminal record.

(3)A temporary MSIC expires on the day specified by the participant.

(4)If:

(a)the participant issues a temporary MSIC to a person to whom subregulation (2) applies; and

(b)the Secretary directs the participant that a temporary MSIC issued to the person must expire on or before a specified day;

the participant must specify that the temporary MSIC expires on or before the day directed by the Secretary.

(5)If:

(a)a temporary MSIC is issued to a person to whom subregulation (2) applies; and

(b)after the issue, the Secretary decides that the person has an adverse criminal record;

the Secretary may direct the participant to cancel the temporary MSIC, and the participant must comply with the direction.

6.08KAForm of temporary MSICs

(1)Subject to subregulation (3), a temporary MSIC must comply with the following requirements:

(a)it must be orange in colour and no smaller than 54 mm wide by 86 mm high;

(b)it must have a black capital letter ‘T’ in Arial of at least 125 point on the front;

(c)it must display, or include, the following information:

(i)the holder’s name as it appears on the holder’s MSIC;

(ii)the unique identifying number that appears on the holder’s MSIC;

(iii)a description of the document that provided evidence of the identity of the holder;

(iv)the name of the maritime industry participant that issued the temporary MSIC;

(v)a description of the maritime security zone or zones in which the MSIC is valid;

(vi)the expiry date of the temporary MSIC.

(2)For paragraph (1) (c), information may be included on a temporary MSIC by:

(a)writing it by hand; or

(b)using a printing process; or

(c)encoding it magnetically, or in another way.

(3)The Secretary may approve, in writing, the issue of a temporary MSIC that does not comply with subregulation (1) or (2).

After subregulation 6.08L (3)

insert

(4)If an issuing body issues a replacement MSIC to the holder of an MSIC, the body must, within 7 days after the issue, notify the Secretary in writing about the replacement.

(5)If the Secretary thinks it is necessary to do so to prevent unlawful interference with maritime transport or offshore facilities, he or she may:

(a)direct the issuing body, in writing, to give the Secretary the following information:

(i)the name of the person’s employer;

(ii)the kind of business that the employer is engaged in; and

(b)give a written notice to the person’s employer, a maritime industry participant or both:

(i)stating that a replacement MSIC has been issued to the person; and

(ii)stating the information provided by the issuing body following a direction under paragraph (a).

After subregulation 6.08M (3)

insert

(4)Any temporary MSIC issued to the holder is cancelled if the holder’s MSIC is cancelled.

(5)The cancellation of the temporary MSIC takes effect at the time the cancellation of the MSIC takes effect.

Regulation 6.08O

substitute

6.08OReport to Secretary of cancellation of MSIC

(1)If an issuing body cancels an MSIC, the body must, within 7 days after the cancellation, notify the Secretary in writing:

(a)the holder’s name, address and date of birth; and

(b)the reason for the cancellation.

(2)If the cancellation is for a reason mentioned in a paragraph of subregulation 6.08M (1), the Secretary may notify the employer of the former holder of the MSIC, or a maritime industry participant, that the MSIC has been cancelled.

(3)The Secretary may act under subregulation (2) only if he or she thinks that doing so may help to prevent unlawful interference with maritime transport or offshore facilities.

Subdivision 6.1A.5, heading

substitute

Subdivision 6.1A.5 Powers of security officers in relation to MSICs and temporary MSICs

Regulation 6.08S, heading

substitute

6.08SDirections to show valid MSICs, temporary MSICs or other identification

Subregulation 6.08S (2)

substitute

(2)If a person is in a part of a maritime security zone and apparently not properly displaying a valid MSIC or valid temporary MSIC, a security officer may (unless he or she knows the person to be an exempt person in relation to that part of the zone) direct the person to show him or her:

(a)a valid MSIC or valid temporary MSIC; or

(b)identification that establishes that the person is an exempt person.

Subregulation 6.08X (6)

omit

6.07K.

insert

6.08D.

Regulation 6.09A

substitute

6.09ARecovery of costs and expenses (Act ss 105, 109, 113 and 113D)

For subsections 105 (4), 109 (4), 113 (4) and 113D (4) of the Act:

(a)an issuing body may recover costs and expenses reasonably incurred by the body in relation to the issue of an MSIC from the person who asks the body to issue the MSIC; and

(b)a maritime industry participant may recover costs and expenses reasonably incurred by the participant in relation to the issue of a temporary MSIC from the person who asks the participant to issue the temporary MSIC.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See