Maritime Transport and Offshore Facilities Security Amendment Regulations 2009 (No. 1) (Cth)

Maritime Transport and Offshore Facilities Security Amendment Regulations 2009 (No. 1)¹

Select Legislative Instrument 2009 No. 11

I, QUENTIN BRYCE, 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 5 February 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ANTHONY ALBANESE

Minister for Infrastructure, Transport, Regional Development and Local Government

Name of Regulations

These Regulations are the Maritime Transport and Offshore Facilities Security Amendment Regulations 2009 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

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] Subregulation 1.03 (1), definition of contact details

substitute

contact details, for a person, includes:

(a)the person’s business address, mailing address, fixed‑line telephone number, mobile telephone number, fax number and e‑mail address; and

(b)if the person is a CSO, SSO, PSO, PFSO or PSPSO — a single 24‑hour fixed‑line or mobile telephone number for the person; and

(c)if the person is an OFSO or OSPSO — a single 24-hour fixed-line, mobile telephone number and a fax number for the person.

[2] Subregulation 1.03 (1), definition of exclusion zone

substitute

exclusion zone means a ship security zone, declared by the Secretary to operate under subsection 106 (1) or (1A) of the Act, that comprises an area of water, at and below the water level:

(a)within a security regulated port, being an area to which access is controlled and that surrounds a security regulated ship; or

(b)in the vicinity of a security regulated offshore facility, being an area to which access is controlled and that surrounds a security regulated ship which is engaged in any activity in relation to the facility.

[3] Paragraph 1.15 (4) (a)

substitute

(a)holds a certificate of proficiency as a ship security officer:

(i)issued under the Marine Orders, Part 3 (Seagoing Qualifications); and

(ii)that is valid within the meaning of that Part; and

[4] Subregulation 1.45 (2), note

substitute

Note A sample form of a declaration of security is available on the Department’s web site — see

[5] Paragraph 5A.60 (1) (b)

substitute

(b)measures to prevent unauthorised access to:

(i)an offshore security zone established within and around a security regulated offshore facility; or

(ii)a ship security zone declared to operate around a security regulated ship while the ship is in the vicinity of a security regulated offshore facility and is engaged in any activity in relation to the facility;

[6] After regulation 5A.90

insert

5A.92Ship security zones

An offshore security plan for an offshore facility operator must set out security measures and procedures to monitor and control access to ship security zones, including measures to detect and deter unauthorised access to those zones.

[7] Subregulation 6.40 (1), penalty

substitute

Penalty: 100 penalty units.

[8] Subregulation 6.85 (1)

omit

A port operator

insert

The port operator

[9] After subregulation 6.85 (1)

insert

(1A)The offshore facility operator for a security regulated offshore facility may request the Secretary to declare that a ship security zone is to operate around a security regulated ship while the ship is in the vicinity of the offshore facility and is engaged in any activity in relation to the facility.

[10] After subregulation 6.85 (2)

insert

(3)The Secretary must make a decision on a request made under this regulation.

(4)If the Secretary makes a decision under subregulation (3) to refuse a request, the Secretary must give the person who made the request written notice of the refusal including the reasons for the refusal.

[11] Subregulation 6.90 (2)

omit

The port operator for the security regulated port in which the ship security zone is established

insert

The relevant operator

[12] Paragraph 6.90 (2) (d)

after

security regulated port

insert

or security regulated offshore facility

[13] After subregulation 6.90 (2)

insert

(3)For the purposes of this regulation, relevant operator means:

(a)the port operator for the security regulated port in which the ship security zone is established; or

(b)the offshore facility operator for the security regulated offshore facility in the vicinity of which the ship security zone is established.

[14] Subregulation 6.95 (1)

omit

zone, the port operator for the security regulated port in which the ship security zone is established must ensure that persons who are in, or in the vicinity of, the security regulated port are informed, in accordance with the

insert

zone in a security regulated port, the port operator for the port must ensure that persons who are in, or in the vicinity of, the port are informed, in accordance with the operator’s

[15] Subregulation 6.95 (3)

omit

A port operator

insert

The port operator

[16] Subregulation 6.95 (5)

omit

A port operator

insert

The port operator for a security regulated port

[17] After regulation 6.95

insert

6.96Duties of offshore facility operator

(1)If the Secretary gives notice of the establishment of a ship security zone in the vicinity of a security regulated offshore facility, the offshore facility operator for the facility must ensure that persons who are in, or in the vicinity of, the facility are informed, in accordance with the operator’s offshore security plan, that:

(a)access to the zone is controlled; and

(b)any unauthorised entry into the zone is an offence under these Regulations.

(2)The obligation in subregulation (1) has effect even if the zone has not yet come into force.

(3)The offshore facility operator for a security regulated offshore facility must monitor access to a ship security zone established in the vicinity of the facility.

Penalty: 200 penalty units.

(4)An offence against subregulation (3) is an offence of strict liability.

(5)The offshore facility operator for a security regulated offshore facility must ensure that the security measures and procedures to control access to a ship security zone in the vicinity of the facility detect and deter unauthorised access to the zone.

[18] Regulation 6.100

substitute

6.100Offences — unauthorised entry into ship security zone

(1)A person must not enter, or remain in, a ship security zone in a security regulated port unless authorised to do so by the port operator for the port.

Penalty: 50 penalty units.

(2)A person must not enter, or remain in, a ship security zone in the vicinity of a security regulated offshore facility unless authorised to do so by the offshore facility operator for the facility.

Penalty: 50 penalty units.

(3)A person must not take a vessel or thing into, or leave a vessel or thing in, a ship security zone in a security regulated port unless authorised to do so by the port operator for the port.

Penalty: 50 penalty units.

(4)A person must not take a vessel or thing into, or leave a vessel or thing in, a ship security zone in the vicinity of a security regulated offshore facility unless authorised to do so by the offshore facility operator for the facility.

Penalty: 50 penalty units.

(5)An offence against subregulation (1), (2), (3) or (4) is an offence of strict liability.

[19] Subregulation 6.150 (3)

omit

subregulation (1)

insert

subregulation (2)

[20] Part 12

substitute

Part 12 Review of decisions

12.01Review of decisions by Administrative Appeals Tribunal

Application may be made to the Administrative Appeals Tribunal for a review of a decision made by the Secretary under subregulation 6.85 (3) not to declare that a ship security zone is to operate around a security regulated ship.

Note

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