Maritime Transport and Offshore Facilities Security Amendment Regulations 2011 (No. 1) (Cth)

Maritime Transport and Offshore Facilities Security Amendment Regulations 2011 (No. 1)¹

Select Legislative Instrument 2011 No. 140

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 28 July 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CHRIS BOWEN

Minister for Immigration and Citizenship for the Minister for Infrastructure and Transport

Contents

1Name of Regulations 2

2Commencement 2

3Amendment of Maritime Transport and Offshore Facilities Security Regulations 2003 2

4Amendment of Maritime Transport and Offshore Facilities Security Regulations 2003 2

Schedule 1Amendments commencing on day after registration 3

Schedule 2Amendments commencing on 11 September 2011 7

Name of Regulations

These Regulations are the Maritime Transport and Offshore Facilities Security Amendment Regulations 2011 (No. 1).

Commencement

These Regulations commence as follows:

(a)on the day after they are registered— regulations 1 to 3 and Schedule 1;

(b)on 11 September 2011 — regulation 4 and Schedule 2.

Amendment of Maritime Transport and Offshore Facilities Security Regulations 2003

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

Amendment of Maritime Transport and Offshore Facilities Security Regulations 2003

Schedule 2 amends the Maritime Transport and Offshore Facilities Security Regulations 2003.

Schedule 1 Amendments commencing on day after registration

(regulation 3)

[1] Regulation 1.03, heading

substitute

1.03Interpretation

[2] Subregulation 1.03 (1), definition of airport

omit

it has

insert

given by

[3] Subregulation 1.03 (1), after definition of contracting government

insert

Note For the definition of SOLAS Convention, see section 10 of the Act.

[4] Subregulation 1.03 (1), after definition of HSO or head security officer

insert

IMO means the International Maritime Organization.

[5] Subregulation 1.03 (1), after definition of member of the Australian Federal Police

insert

official number, for a ship, means the number by which the ship is identified in the Australian Register of Ships mentioned in section 56 of the Shipping Registration Act 1981.

[6] After paragraph 1.55 (1) (s)

insert

Note For the definition of SOLAS Convention, see section 10 of the Act.

[7] Subregulation 1.55 (3A), note

substitute

Note 1 For the definition of SOLAS Convention, see section 10 of the Act.

Note 2 For provisions that identify who may inspect the ISSC for a regulated Australian ship, see regulation 4.145 and subparagraphs 139 (2) (e) (i) and 148 (2) (c) (i) of the Act.

[8] Regulation 1.56, at the foot

insert

Note For the definition of SOLAS Convention, see section 10 of the Act.

[9] Paragraph 4.20 (b)

substitute

(b)the ship’s official number;

[10] Paragraph 4.20 (c)

omit

voyage

insert

voyages

[11] Regulation 4.20, at the foot

insert

Note For the definition of official number, see subregulation 1.03 (1).

[12] Subregulation 4.80 (1)

omit

voyage

insert

voyages

[13] Paragraph 4.95 (2) (c)

omit

International Maritime Organisation;

insert

IMO;

[14] Regulation 4.110, at the foot

insert

Note For the definition of SOLAS Convention, see section 10 of the Act.

[15] Subparagraph 4.140 (a) (ii)

substitute

(ii)the ship’s official number;

[16] Regulation 4.140, at the foot

insert

Note For the definition of official number, see subregulation 1.03 (1).

[17] After subregulation 6.08M (1)

insert

(1A)If, as a result of an application for a background check under paragraph 6.08BA (1) (a), the issuing body is told under paragraph (1) (e) that the holder of an MSIC now has an adverse criminal record, the issuing body must not cancel the MSIC if the person holds the MSIC because of:

(a)an approval by the Secretary under regulation 6.08F; or

(b)a decision of the Secretary under regulation 6.08MC; or

(c)a decision by the Secretary following an application under regulation 6.08X for reconsideration of:

(i)a refusal to give approval under regulation 6.08F; or

(ii)a decision under regulation 6.08MC; or

(d)a decision by the Administrative Appeals Tribunal following an application under regulation 6.08Z for review of a decision by the Secretary mentioned in paragraph (c).

(1B)If, as a result of an application for a background check under paragraph 6.08BA (1) (a), the issuing body finds out under paragraph (1) (ea) that the holder of an MSIC has been convicted of a maritime-security-relevant offence and sentenced to imprisonment, and the offence is not a disqualifying offence, the issuing body must not cancel the MSIC if the person holds the MSIC because of a matter mentioned in paragraph (1A) (a), (b) or (c).

[18] Regulation 13.05, at the foot

insert

Note For the definition of SOLAS Convention, see section 10 of the Act.

Schedule 2 Amendments commencing on 11 September 2011

(regulation 4)

[1] Subregulation 1.03 (1), after definition of land‑side restricted zone

insert

large passenger ship means a security regulated ship that:

(a)is a passenger ship; and

(b)has a maximum capacity of 151 or more passengers; and

(c)is used to carry passengers on inter‑State or overseas voyages.

[2] Subregulation 1.03 (1), after definition of OSPSO or offshore service provider security officer

insert

passenger and vehicle ferry means a security regulated ship that:

(a)is capable of being used to carry both passengers and vehicles on inter‑State or overseas voyages; and

(b)is used to carry passengers or vehicles on inter‑State voyages or overseas voyages.

[3] Subregulation 1.03 (1), after definition of shore‑based personnel

insert

small passenger ship means a security regulated ship that:

(a)is a passenger ship; and

(b)has a maximum capacity of more than 12 passengers but not more than 150 passengers; and

(c)is used to carry passengers on inter‑State voyages or overseas voyages.

[4] Paragraph 1.55 (1) (a)

substitute

(a)unless paragraph (aa) applies — the approved ship security plan for the ship;

(aa)if the Secretary has, in accordance with section 61A of the Act, granted the ship operator an exemption from the operation of Division 2 of Part 4 of the Act — a copy of the exemption;

[5] After paragraph 1.55 (1) (b)

insert

(ba)if the Secretary has, in accordance with section 79A of the Act, granted the ship operator an exemption from the operation of Division 6 of Part 4 of the Act — a copy of the exemption;

[6] After regulation 1.80

insert

1.85Prescribed categories of security regulated ships

For subsection 15 (2) of the Act, the following categories of security regulated ships are prescribed:

(a)small passenger ships;

(b)large passenger ships;

(c)passenger and vehicle ferries;

(d)any other security regulated ship that is not mentioned in paragraph (a), (b) or (c).

[7] Regulation 3.90

substitute

3.90Port maps

(1)For paragraph 49 (1) (b) of the Act, a map mentioned in paragraph 49 (2) (a) or (b) or subsection 49 (3) of the Act must be A3 or A4 size, or in an electronic format, and include the following:

(a)a title;

(b)a linear scale;

(c)a north point;

(d)a legend;

(e)if the map contains map projections — details of the projections;

(f)if the maritime security plan to which the map relates details security regulated port boundaries — coordinates to clearly define those boundaries;

(g)if the maritime security plan to which the map relates details port security zone boundaries — coordinates to clearly define those boundaries;

(h)if inserts are used on the map — a numbered map for each insert corresponding to the number for the insert on the main map;

(i)the date the map was produced;

(j)the name of the person who created the map.

(2)Each map for a maritime security plan must be a separate map.

[8] Regulation 3.155

substitute

3.155Cleared zones

(1)If a port facility operator wishes the Secretary to establish a cleared zone, the maritime security plan for the port facility operator must set out:

(a)the purpose for the proposed establishment of the zone; and

(b)the boundaries of the zone; and

(c)if applicable, the period when, or the circumstances in which, the zone is in force; and

(d)the security measures and procedures to be taken to control access into the zone by people, vehicles or things, (including measures relating to the entry, parking, loading and unloading of vehicles, and the movement and storage of cargo, stores and baggage); and

(e)steps to be taken to inform people that a cleared zone is in force and that is an offence to enter the zone without the required screening and clearance; and

(f)the name or position of each person responsible for the security measures, procedures or steps referred to in paragraphs (d) and (e).

(2)A maritime security plan for a port facility operator must set out measures and procedures to ensure that persons and goods are screened and cleared in accordance with these Regulations before they are allowed to enter and remain in any cleared zone established in the port facility.

[9] Division 4.4

substitute

Division 4.4 Ship security plans — exemptions, approvals, revisions and cancellations

4.120Application for exemption — prescribed requirements

(1)For subsection 61A (2) of the Act, this regulation prescribes requirements for an application for an exemption from the operation of Division 2 of Part 4 of the Act.

Form of application

(2)The application must be made in writing to the Secretary.

Content of application

(3)If an ISSC is in force for the ship, the application must include a copy of the ISSC.

(4)The application must include the following information:

(a)the ship’s:

(i)name; and

(ii)type; and

(iii)operating company; and

(iv)gross tonnage; and

(v)official number; and

(b)if an IMO ship identification number has been assigned to the ship — that number;

(c)any other number that uniquely identifies the ship, composed of:

(i)letters; or

(ii)numbers; or

(iii)a combination of letters and numbers;

(d)the name of the ship’s:

(i)master; and

(ii)SSO; and

(iii)CSO; and

(iv)port of registry;

(e)whether a ship security plan is in force for the ship;

(f)information about the requested exemption, including:

(i)the commencement date and expiry date of the period in which the exemption will, if granted, have effect; and

(ii)the ship’s last 10 ports of call; and

(iii)the ship’s last port of call before the exemption will, if granted, commence; and

(iv)the ship’s first port of call after the exemption will, if granted, commence; and

(v)the reasons an exemption is required; and

(vi)details of all voyages that the ship operator intends the ship to undertake without a ship security plan, including:

(A)details of the intended route; and

(B)any intended ports of call along the route; and

(vii)whether the ship will carry passengers during all or part of the period in which the exemption will, if granted, have effect; and

(viii)whether the ship will carry cargo during all or part of the period in which the exemption will, if granted, have effect;

(ix)any other information that the ship operator would like the Secretary to consider in deciding whether or not to grant the exemption.

Note Information about the IMO’s ship identification number scheme is available at

4.125Matters the Secretary must consider

For subsection 61A (3) of the Act, the following matters are prescribed:

(a)the information mentioned in paragraphs 4.120 (4) (a) to (f);

(b)whether the voyage for which the ship operator has applied for an exemption is a rare occurrence;

(c)whether the circumstances that give rise to the need for the exemption are exceptional;

(d)whether there is a threat of a terrorist act against the ship;

(e)whether there is a risk of the ship being used to facilitate a terrorist act or an unlawful interference with maritime transport or offshore facilities;

(f)whether granting an exemption will bring an increased risk of a terrorist act against:

(i)any Australian port; or

(ii)any other vessel;

(g)whether the ship will carry passengers during all or part of the period in which the exemption will, if granted, have effect;

(h)whether the ship will carry cargo during all or part of the period in which the exemption will, if granted, have effect;

(i)whether the ship operator has applied for an exemption to undertake a voyage for the purpose of:

(i)delivery of a ship; or

(ii)maintenance, refitting or any other modification of a ship.

[10] After regulation 4.145

insert

4.150Application for exemption — prescribed requirements

(1)For subsection 79A (2) of the Act, this regulation prescribes requirements for an application for an exemption from the operation of Division 6 of Part 4 of the Act.

Form of application

(2)The application must be made in writing to the Secretary.

Content of application

(3)If an ISSC is in force for the ship, the application must include a copy of the ISSC.

(4)The application must include the following information:

(a)the ship’s:

(i)name; and

(ii)type; and

(iii)operating company; and

(iv)gross tonnage; and

(v)official number; and

(b)if an IMO ship identification number has been assigned to the ship — that number;

(c)any other number that uniquely identifies the ship, composed of:

(i)letters; or

(ii)numbers; or

(iii)a combination of letters and numbers;

(d)the name of the ship’s:

(i)master; and

(ii)SSO; and

(iii)CSO; and

(iv)port of registry;

(e)whether a ship security plan is in force for the ship;

(f)information about the requested exemption, including:

(i)the commencement date and expiry date of the period in which the exemption will, if granted, have effect; and

(ii)the ship’s last 10 ports of call; and

(iii)the ship’s last port of call before the exemption will, if granted, commence; and

(iv)the ship’s first port of call after the exemption will, if granted, commence; and

(v)the reasons an exemption is required; and

(vi)details of all voyages that the ship operator intends to undertake without an ISSC, including:

(A)details of the intended route; and

(B)any intended ports of call along the route; and

(vii)whether the ship will carry passengers during all or part of the period in which the exemption will, if granted, have effect; and

(viii)whether the ship will carry cargo during all or part of the period in which the exemption will, if granted, have effect; and

(ix)any other information that the ship operator would like the Secretary to consider in deciding whether or not to grant the exemption.

Note Information about the IMO’s ship identification number scheme is available at

4.155Matters the Secretary must consider

For subsection 79A (3) of the Act, the following matters are prescribed:

(a)the information mentioned in paragraphs 4.150 (4) (a) to (f);

(b)whether the voyage for which the ship operator has applied for an exemption is a rare occurrence;

(c)whether the circumstances that give rise to the need for the exemption are exceptional;

(d)whether there is a threat of a terrorist act against the ship;

(e)whether there is a risk of the ship being used to facilitate a terrorist act or an unlawful interference with maritime transport or offshore facilities;

(f)whether granting an exemption will bring an increased risk of a terrorist act to:

(i)any Australian port; or

(ii)any other vessel;

(g)whether the ship will carry passengers during all or part of the period in which the exemption will, if granted, have effect;

(h)whether the ship will carry cargo during all or part of the period in which the exemption will, if granted, have effect;

(i)whether the ship operator has applied for an exemption to undertake a voyage for the purpose of:

(i)delivery of a ship; or

(ii)maintenance, refitting or any other modification of a ship.

[11] After subregulation 6.50 (1)

insert

(1A)In addition to subregulation (1), if an area is a cleared zone only at certain times, and not continuously, the port facility operator for the port facility in which the zone is established must ensure that the zone is inspected for unauthorised persons, goods (including weapons and prohibited items), vehicles and vessels before each occasion on which the area is a cleared zone.

Note

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