Maritime Transport and Offshore Facilities Security Amendment Regulations 2007 (No. 1) (Cth)

Maritime Transport and Offshore Facilities Security Amendment Regulations 2007 (No. 1)¹

Select Legislative Instrument 2007 No. 42

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 22 March 2007

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 2007 (No. 1).

Commencement

These Regulations commence on the commencement of item 2 of Schedule 1 to the Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards and Other Measures) Act 2006.

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] Before regulation 8.50

insert

Subdivision 8.5.1 Maritime security guards — general

Paragraph 8.55 (1) (a)

substitute

(a)the card must be:

(i)issued to the maritime security guard by his or her employer; or

(ii)issued by an authority of a State or Territory, and be evidence that the maritime security guard holds a licence to work as a security guard in that State or Territory;

Paragraph 8.55 (2) (d)

substitute

(d)the card must bear:

(i)the name of the employer that issued the card; or

(ii)if the card is issued by an authority of a State or Territory — the name of the authority.

After regulation 8.55

insert

Subdivision 8.5.2 Removal and disposal of vehicles and vessels from zones

8.57Disposal of removed vehicles (Act s 163D)

(1)For this regulation, a vehicle is an unclaimed vehicle if:

(a)the vehicle has been removed from a maritime security zone under section 163D of the Act; and

(b)the owner of the vehicle has not claimed the vehicle and paid any costs or expenses in relation to the vehicle’s removal, relocation and storage.

(2)If a vehicle has been an unclaimed vehicle for longer than 3 months, the maritime industry participant that controls the maritime security zone from which the vehicle was removed may sell or otherwise dispose of the vehicle as provided in this regulation.

(3)Not less than 3 months after the vehicle was removed from the zone, the participant must publish a notice in a newspaper circulating generally in the State or Territory in which the zone is located:

(a)describing the vehicle and the place and zone from which it was removed; and

(b)stating that:

(i)the vehicle has been removed, relocated or stored (as the case may be); and

(ii)the owner must pay the costs of removal, relocation or storage to the participant; and

(iii)if the costs are not paid within 14 days of the publication, the vehicle may be sold or otherwise disposed of; and

(c)setting out how the costs may be paid.

(4)If, more than 14 days after the publication of the notice, the owner of the vehicle has not:

(a)recovered the vehicle; and

(b)paid to the participant an amount equal to the costs of the vehicle’s removal, relocation or storage to the participant;

the participant:

(c)if the vehicle is saleable — must sell the vehicle at a price that is reasonable under the circumstances; or

(d)otherwise — may dispose of the vehicle by another means.

(5)If the vehicle is sold:

(a)the participant may retain from the sale proceeds an amount equal to the reasonable costs of removal, relocation or storage of the vehicle; and

(b)any amount of the proceeds remaining after the retention is a debt due to the Commonwealth, payable by 14 July immediately following the financial year in which the vehicle was sold.

8.58Disposal of removed vessels (Act s 163E)

(1)For this regulation, a vessel is an unclaimed vessel if:

(a)the vessel has been removed from a maritime security zone under section 163E of the Act; and

(b)the owner of the vessel has not claimed the vessel and paid any costs or expenses in relation to the vessel’s removal, relocation and storage.

(2)If a vessel has been an unclaimed vessel for longer than 3 months, the maritime industry participant that controls the maritime security zone from which the vessel was removed may sell or otherwise dispose of the vessel as provided in this regulation.

(3)Not less than 3 months after the vessel was removed from the zone, the participant must publish a notice in a newspaper circulating generally in the State or Territory in which the zone is located:

(a)describing the vessel and the place and zone from which it was removed; and

(b)stating that:

(i)the vessel has been removed, relocated or stored (as the case may be); and

(ii)the owner must pay the costs of removal, relocation or storage to the participant; and

(iii)if the costs are not paid within 14 days of the publication, the vessel may be sold or otherwise disposed of; and

(c)setting out how the costs may be paid.

(4)If, more than 14 days after the publication of the notice, the owner of the vessel has not:

(a)recovered the vessel; and

(b)paid to the participant an amount equal to the costs of the vessel’s removal, relocation or storage to the participant;

the participant:

(c)if the vessel is saleable — must sell the vessel at a price that is reasonable under the circumstances; or

(d)otherwise — may dispose of the vessel by another means.

(5)If the vessel is sold:

(a)the participant may retain from the sale proceeds an amount equal to the reasonable costs of removal, relocation or storage of the vessel; and

(b)any amount of the proceeds remaining after the retention is a debt due to the Commonwealth, payable by 14 July immediately following the financial year in which the vessel was sold.

Note

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