Maritime Transport Security Amendment Regulations 2005 (No. 2) (Cth)

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Maritime Transport Security Amendment Regulations 2005 (No. 2)1

Select Legislative Instrument 2005 No. 158

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 7 July 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

JAMES ERIC LLOYD

Minister for Local Government, Territories and Roads

1Name of Regulations

These Regulations are the Maritime Transport Security Amendment Regulations 2005 (No. 2).

2Commencement

These Regulations commence on the day after they are registered.

3Amendment of Maritime Transport Security Regulations 2003

Schedule 1 amends the Maritime Transport Security Regulations 2003.

Schedule 1Amendments

(regulation 3)

[1]Regulation 1.01

after

Transport

insert

and Offshore Facilities

[2]Regulation 1.03, definition of Act

after

Transport

insert

and Offshore Facilities

[3]Regulation 1.03, after definition of exclusion zone

insert

HSO or head security officer has the meaning given by regulation 1.32.

[4]Regulation 1.03, after definition of member of the Australian Federal Police

insert

offshore facility zone means a type of offshore security zone, established by the Secretary under subsection 113A (1) of the Act, that comprises the space occupied by an offshore facility.

offshore service provider means a person prescribed by regulation 1.06.

offshore water-side zone means a type of offshore security zone established by the Secretary under subsection 113A (1) of the Act, that comprises an area of water surrounding an offshore facility at the distance from the facility specified by the Secretary.

Note See section 17A of the Act for the meanings of offshore facility and offshore area.

OFSO or offshore facility security officer has the meaning given by regulation 1.33.

[5]Regulation 1.03, after definition of on-board restricted area

insert

OSPSO or offshore service provider security officer has the meaning given by regulation 1.34.

[6]Regulation 1.03, after definition of pleasure craft

insert

port of call includes an offshore facility.

[7]Regulation 1.03, after definition of security plan review

insert

ship/facility interface means the interaction that occurs when a ship interacts with an offshore facility so that the facility is directly and immediately affected by activities involving the movement of persons or goods.

[8]Regulation 1.03, after definition of SSO

insert

supply base means a place, at a port or airport, where a person:

  1. (a)

    stores, or prepares, goods that are to be transported to an offshore facility; or

  2. (b)

    loads goods or passengers on to a vessel or aircraft for transport to an offshore facility.

[9]Paragraphs 1.04 (a) and (b) and subparagraph 1.04 (b) (i)

omit

maritime and ship

insert

maritime, ship and offshore

[10]Subparagraph 1.04 (c) (ii)

substitute

  1. (ii)

    types of port, ship, on-board and offshore security zones; and

[11]After regulation 1.05

insert

1.06Offshore service providers (Act s 10)

For paragraph (c) of the definition of offshore industry participant in section 10 of the Act, a person that manages a supply base is prescribed.

[12]After regulation 1.30

insert

1.32Head security officer

  1. (1)

    Before requesting the Secretary to approve an offshore security plan, an offshore facility operator must designate, in writing, a person within the operator’s organisation as a security officer (a head security officer or HSO) for all the operator’s facilities.

  2. (2)

    An HSO may be designated by name or by reference to a position.

  3. (3)

    The duties and responsibilities of an HSO include:

    1. (a)

      answering any questions about the plan, and acting as contact officer, during the approval process; and

    2. (b)

      implementing and maintaining the plan for the facility or facilities; and

    3. (c)

      liaising with the OFSO for each facility and with OSPSOs; and

    4. (d)

      performing any additional duties and responsibilities set out in the plan.

  4. (4)

    The offshore facility operator must ensure that an HSO:

    1. (a)

      has the knowledge and ability to perform the duties of an HSO; and

    2. (b)

      is given the training set out in the plan; and

    3. (c)

      is a suitable person to access and handle security information; and

    4. (d)

      has the authority to act on instructions received from the Secretary; and

    5. (e)

      is located in Australia at a place that is not an offshore facility.

Example for paragraph (4) (d)

An HSO must have the authority to implement security directions or a change in the security level.

1.33Offshore facility security officers

  1. (1)

    Before requesting the Secretary to approve an offshore security plan for an offshore facility, an offshore facility operator must designate, in writing, a person as security officer (an OFSO or offshore facility security officer) for the facility.

  2. (2)

    An OFSO may be designated by name or by reference to a position.

  3. (3)

    The duties and responsibilities of an OFSO include:

    1. (a)

      conducting an initial security survey of the facility and facilitating the completion of the security assessment for the security plan; and

    2. (b)

      ensuring the development and maintenance of the security plan; and

    3. (c)

      implementing the security plan; and

    4. (d)

      undertaking regular security inspections of the facility to ensure the effectiveness and adequacy of security measures; and

    5. (e)

      facilitating security plan reviews; and

    6. (f)

      recommending and incorporating modifications to the security plan in order to:

      1. (i)

        correct deficiencies in the plan; or

      2. (ii)

        update the plan to take into account changes to the facility; and

    7. (g)

      enhancing security awareness and vigilance of facility personnel; and

    8. (h)

      ensuring that standards for personnel with, or who have been assigned, security duties and responsibilities are met and that adequate training is provided to the personnel; and

    9. (i)

      reporting to the relevant authorities, and maintaining records of, occurrences which threaten the security of the facility; and

    10. (j)

      liaising with ship security officers and offshore industry participants’ security officers; and

    11. (k)

      coordinating with security, police, fire, ambulance, medical, search and rescue services, as appropriate; and

    12. (l)

      ensuring that security equipment is properly operated, inspected, tested, calibrated and maintained; and

    13. (m)

      confirming the identity of persons intending to enter the facility; and

    14. (n)

      providing advice to the Secretary on the operational and safety aspects of the implementation of security and control directions; and

    15. (o)

      communicating and coordinating the implementation of security and control directions.

  4. (4)

    A facility operator must ensure that an OFSO:

    1. (a)

      has the knowledge and ability to perform the duties of an OFSO; and

    2. (b)

      is given the training set out in the offshore security plan for the facility operator; and

    3. (c)

      is a suitable person to access and handle security information; and

    4. (d)

      has the authority to act on instructions received from the Secretary.

1.34Offshore service provider security officers

  1. (1)

    Before requesting the Secretary to approve an offshore security plan, an offshore service provider must designate, in writing, a person as security officer (an offshore service provider security officer or OSPSO) for the service.

  2. (2)

    An OSPSO may be designated by name or by reference to a position.

  3. (3)

    The duties and responsibilities of an OSPSO include:

    1. (a)

      conducting an initial security survey of the activities of the service provider and facilitating the completion of the security assessment for the security plan; and

    2. (b)

      ensuring the development and maintenance of the security plan; and

    3. (c)

      implementing the security plan; and

    4. (d)

      undertaking regular security inspections of the service provider’s supply base to ensure that the security measures are adequate and as effective as possible; and

    5. (e)

      facilitating security plan reviews; and

    6. (f)

      recommending and incorporating modifications to the security plan in order to:

      1. (i)

        correct deficiencies in the plan; or

      2. (ii)

        update the plan to take into account changes to the facility; and

    7. (g)

      enhancing security awareness and vigilance of the service provider’s personnel; and

    8. (h)

      ensuring that standards for personnel with, or who have been assigned, security duties and responsibilities are met and that adequate training is provided to the personnel; and

    9. (i)

      reporting to the relevant authorities, and maintaining records of, occurrences which threaten the security of the service provider; and

    10. (j)

      liaising with the security officers of ships and offshore industry participants; and

    11. (k)

      coordinating with security, police, fire, ambulance, medical, search and rescue services, as appropriate; and

    12. (l)

      ensuring that security equipment is properly operated, inspected, tested, calibrated and maintained; and

    13. (m)

      when requested by an OFSO, assisting in confirming the identity of persons intending to enter an offshore facility; and

    14. (n)

      providing advice to the Secretary on the operational and safety aspects of the implementation of security and control directions; and

    15. (o)

      communicating and coordinating the implementation of security and control directions.

  4. (4)

    A service provider must ensure that an OSPSO:

    1. (a)

      has the knowledge and ability to perform the duties of an OSPSO; and

    2. (b)

      is given the training set out in the security plan for the service provider; and

    3. (c)

      is a suitable person to access and handle security information; and

    4. (d)

      has the authority to act on instructions received from the Secretary.

[13]Subregulation 1.35 (1)

omit

PFSO or PSPSO

insert

PFSO, PSPSO, HSO, OFSO or OSPSO

[14]Subregulation 1.45 (1)

after

security

insert

involving a ship and another party

[15]After subregulation 1.45 (1)

insert

  1. (1A)

    A declaration of security involving an offshore facility and another party must be signed and dated by the operator of, or HSO for, the facility and:

    1. (a)

      if the other party to the agreement is a ship — the master of, or SSO for, the ship; or

    2. (b)

      if the other party to the agreement is an offshore industry participant that operates an offshore service — the security officer for the participant.

[16]Subregulation 1.50 (1)

omit

maritime or ship

insert

maritime, ship or offshore

[17]Subregulation 1.50 (2)

after

transport

insert

or offshore

[18]Paragraphs 1.55 (1) (e) and (f)

substitute

  1. (e)

    the security levels at which the ship operated at ports and offshore facilities, and specific periods during which the ship operated at those levels, while conducting ship/port interfaces and ship/facility interfaces;

  2. (f)

    any special or additional security measures that were implemented by the ship in any port or offshore facility where it conducted ship/port interface or ship/facility interface;

[19]Paragraph 1.55 (1) (m)

after

port

insert

or offshore

[20]Paragraph 1.55 (3A) (b)

omit

ship/port interface;

insert

ship/port interface or ship/facility interface;

[21]Subparagraph 1.56 (d) (ii)

omit

ship/port interface; and

insert

ship/port interface or ship/facility interface; and

[22]Subregulation 1.65 (2)

substitute

  1. (2)

    Despite anything in table 1.65, a flare or other incendiary safety device is not a weapon if it is carried on board a ship or is kept on an offshore facility as part of the ship’s, or facility’s, safety or signalling equipment.

[23]Regulation 2.30

omit

security regulated port:

insert

security regulated port or in an offshore water-side zone:

[24]Paragraph 2.30 (a)

after

industry

insert

or offshore industry

[25]Subregulation 2.35 (2)

substitute

  1. (2)

    Each of the following:

    1. (a)

      a port operator required to communicate a security direction under subsection 35 (3) of the Act;

    2. (b)

      an offshore facility operator required to communicate a security direction under subsection 35 (8) of the Act;

    3. (c)

      a ship operator required to communicate a security direction under subsection 36 (2) of the Act;

must do so using any of the means set out in subregulation (1).

[26]Paragraph 4.45 (h)

omit

and port facility security activities;

insert

, port facility and offshore facility security activities;

[27]Regulation 4.85

substitute

4.85Maritime transport and offshore security incidents

A ship security plan must set out procedures for:

  1. (a)

    reporting maritime transport and offshore security incidents to the Secretary; and

  2. (b)

    responding to security threats and breaches of security, including provisions for maintaining critical operations of the ship or ship/port interface or the ship/facility interface.

[28]After Part 5

insert

Part 5AOffshore security plans

Division 5A.1Preliminary

5A.05Common requirements for security assessments

A security assessment for an offshore security plan must include the following matters:

  1. (a)

    the date when the assessment was completed or reviewed;

  2. (b)

    the scope of the assessment, including assets, infrastructure and operations assessed;

  3. (c)

    a summary of how the assessment was conducted, including details of the risk management process adopted;

  4. (d)

    the skills and experience of the key persons who completed or participated in the assessment.

5A.10Common requirements for security plan audits and reviews

An offshore security plan for an offshore industry participant must set out:

  1. (a)

    a schedule of security plan audits by internal and external auditors; and

  2. (b)

    the circumstances, in addition to the occurrence of an offshore security incident, following which a security plan review must be conducted; and

  3. (c)

    the procedures for conducting a security plan audit, including a process for selecting auditors who are independent of the matters being audited; and

  4. (d)

    the procedures for conducting a security plan review, including a process for consultation during the review.

5A.15Offshore facility operator to give information

The operator of an offshore facility must give to each offshore service provider conducting operations at the facility:

  1. (a)

    the information set out in regulation 5A.30; and

  2. (b)

    the measures to be used by the operator to inform persons of the location of offshore security zones established by the operator for the facility; and

  3. (c)

    the measures to confirm the identity of persons who are authorised to have access to the zones.

Note The information for paragraph (a) must include the contact details for the OFSO.

5A.20Offshore service provider to give information

An offshore service provider that is required to have a security plan must give to the operator of each offshore facility to which the service provider conducts operations:

  1. (a)

    the information set out in regulation 5A.120; and

  2. (b)

    a description of the boundaries of the service provider’s supply base and the arrangements made to ensure the security of goods that are to be transported to the facility; and

  3. (c)

    details of each vessel or aircraft operated by the service provider to service the facility; and

  4. (d)

    the measures to be used by the service provider to inform persons of the security arrangements, including any security zones, at the service provider’s supply base; and

  5. (e)

    details of the measures to be used to confirm the identity of persons who are allowed to enter:

    1. (i)

      the supply base; and

    2. (ii)

      any security zone established in the supply base; and

    3. (iii)

      a vessel or aircraft operated by the service provider.

Note The information for paragraph (a) must include the contact details for the OSPSO.

Division 5A.2Offshore facility operators

Subdivision 5A.2.1Matters to be dealt with in plan

5A.25Offshore security plans (Act s 100H)

For section 100H of the Act, this Subdivision prescribes the matters that are to be dealt with in an offshore security plan for an offshore facility operator.

Note An offshore facility operator that has more than 1 facility may prepare 1 plan for each facility, or 1 plan covering a number of facilities that are in the same area, and are physically and operationally similar, and that have identical risk assessments.

5A.30Offshore facility operator details

An offshore security plan for an offshore facility operator must be accompanied by a document setting out the following information:

  1. (a)

    the name of the operator;

  2. (b)

    contact details for the operator;

  3. (c)

    name of the Chief Executive Officer and the HSO of the operator;

  4. (d)

    the name and location of each facility;

  5. (e)

    name or position of the person who is to be the OFSO for each facility covered by the plan;

  6. (f)

    a single 24-hour fixed-line telephone number, a mobile telephone number and a fax number for the OFSO of the participant.

Note Paragraph 100G (1) (c) of the Act requires an offshore security plan for an offshore industry participant to include details of the participant’s security officer.

5A.35Details of offshore service providers

An offshore security plan for an offshore facility operator must be accompanied by a document setting out the name of, and contact details for, the OSPSO of each offshore service provider conducting operations at each facility.

5A.40Obligation to keep information current

(1)

An offshore facility operator must, within 2 working days after becoming aware of a change in any of the information given under regulation 5A.30 or 5A.35, notify the Secretary, in writing, of the change.

Penalty: 20 penalty units.

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

5A.45Security assessments

  1. (1)

    In addition to the matters required under regulation 5A.05, a security assessment for an offshore facility operator’s operation must include the following matters:

    1. (a)

      a statement outlining the risk context or threat situation for each facility;

    2. (b)

      identification and evaluation of important assets, infrastructure and operations that need to be protected;

    3. (c)

      identification of possible risks or threats to assets, infrastructure and operations, and the likelihood and consequences of their occurrence;

    4. (d)

      identification of existing security measures, procedures and operations;

    5. (e)

      identification of weaknesses (including human factors) in the infrastructure, policies and procedures;

    6. (f)

      identification, selection and prioritisation of possible risk treatments (for example, counter-measures and procedural changes that need to be implemented) and their effectiveness in reducing risk levels and vulnerabilities.

  2. (2)

    A security assessment for an offshore facility operator’s operation must consider:

    1. (a)

      the types of vessels or aircraft used, and the types of cargoes transported, in operations to and from each offshore facility; and

    2. (b)

      any special risks or threats associated with the vessels, aircraft and cargoes.

5A.50OFSO qualifications and responsibilities

An offshore security plan for an offshore facility operator must set out:

  1. (a)

    the knowledge, skills and other requirements for the OFSO; and

  2. (b)

    the training or qualifications that satisfy the requirements referred to in paragraph (a); and

  3. (c)

    the training that must be given to the OFSO.

5A.55Other personnel with security role

  1. (1)

    An offshore security plan for an offshore facility operator must identify, by reference to their positions, personnel who have been assigned security duties and responsibilities in addition to those of the OFSO.

  2. (2)

    The security duties and responsibilities of personnel so identified must be set out in the plan, together with:

    1. (a)

      the knowledge, skills and other requirements for the security-related aspects of their positions; and

    2. (b)

      the training or qualifications that satisfy the requirements referred to in paragraph (a); and

    3. (c)

      the training that must be given to such personnel.

5A.60Matters that must be in plan

  1. (1)

    An offshore security plan for an offshore facility operator must address, in addition to the matters required under regulation 5A.05, the following matters:

    1. (a)

      measures to prevent unauthorised carriage or possession of weapons or prohibited items on a facility or on board vessels or aircraft interfacing with a facility;

    2. (b)

      measures to prevent unauthorised access to an offshore security zone;

    3. (c)

      procedures for responding to security threats or breaches of security, including procedures for maintaining critical operations at a facility;

    4. (d)

      procedures for responding to security threats or breaches of security occurring during any interface between a vessel or aircraft and a facility;

    5. (e)

      procedures for responding to any security directions given by the Secretary;

    6. (f)

      procedures for evacuation of each facility in case of security threats or breaches of security;

    7. (g)

      procedures for drills and exercises associated with the plan;

    1. (h)

      procedures for interfacing with the security activities of other maritime industry participants and operators of any aircraft that may land on or near a facility;

    2. (i)

      procedures for modifying the plan to correct deficiencies or to update the plan to take into account changes to a facility;

    3. (j)

      procedures for reporting occurrences which threaten the security of a facility;

    4. (k)

      measures to ensure the security of the information contained in the plan;

    5. (l)

      measures to ensure the security of cargo and of cargo handling equipment at a facility;

    6. (m)

      procedures in case the security alert system of a ship is activated while it is near a facility;

    7. (n)

      procedures to be followed when an offshore facility is directly connected to, or engaging in any activity with, a vessel such as a floating hotel, mobile drilling unit or construction barge.

  2. (2)

    In determining appropriate measures for paragraphs (1) (a) and (b), the facility operator must have regard to the special risks or threats associated with the types of vessels and aircraft used to provide services for each offshore facility and the types of cargo carried by the vessels and aircraft.

5A.65Consultation

An offshore security plan for an offshore facility operator must set out, for the purpose of coordinating security-related activities, a mechanism for consultation between the offshore facility operator and:

  1. (a)

    each offshore industry participant conducting operations at (or interfacing with) a facility and any other stakeholder who may be affected by the implementation of the plan; and

  2. (b)

    the operator’s employees (or their representatives) regarding security measures and procedures to be implemented.

5A.70Maritime security level 1

An offshore security plan for an offshore facility operator must set out, in relation to maritime security level 1:

  1. (a)

    the security measures, identified in the security assessment for the operation, for implementation at that level; and

  2. (b)

    the measures that have been implemented; and

  3. (c)

    a schedule for implementing the measures that have not been implemented; and

  4. (d)

    any interim measures that will be implemented until the measures referred to in paragraph (c) are fully implemented.

5A.75Maritime security levels 2 and 3

An offshore security plan for an offshore facility operator must set out, in relation to maritime security levels 2 and 3, the additional security measures that the operator will implement if the Secretary declares that maritime security level 2 or 3 is in force for a facility of the operator.

5A.80Declarations of security

An offshore security plan for an offshore facility operator must provide for:

  1. (a)

    the circumstances in which the operator will request a declaration of security with another offshore industry participant; and

  2. (b)

    the procedures for negotiating the security measures and responsibilities of the operator and the participant in those circumstances; and

  3. (c)

    how security measures identified in a declaration will be implemented to ensure compliance by the operator and the participant with their security plans and with the declaration.

5A.85Offshore facility zone

  1. (1)

    If an offshore facility operator wishes the Secretary to establish an offshore facility zone for a facility, the offshore security plan for the operator must set out:

    1. (a)

      the boundaries of the zone; and

    2. (b)

      the security measures and procedures to be taken to control access into the zone by people, aircraft or things; and

    3. (c)

      steps to be taken to inform people that an offshore facility zone is in force and that entry into the zone without authority is an offence; and

    4. (d)

      the name or position of the person or persons responsible for the security measures, procedures or steps referred to in paragraphs (b) and (c).

  2. (2)

    The security plan must set out security measures and procedures to monitor and control access to the zone, including measures to detect and deter unauthorised access to the zone.

Note Section 113C of the Act provides that, in establishing an offshore security zone the Secretary must have regard to the purpose of the zone and take into account the views of the offshore facility operator concerned.

5A.90Offshore water-side zone

  1. (1)

    If an offshore facility operator wishes the Secretary to establish an offshore water-side zone for a facility, the offshore security plan for the operator must set out:

    1. (a)

      the boundaries of the zone; and

    2. (b)

      the security measures and procedures to be taken to control access into the zone by people, vessels, aircraft or things; and

    3. (c)

      steps to be taken to inform people that an offshore water-side zone is in force and that entry into the zone without authority is an offence; and

    4. (d)

      the name or position of the person or persons responsible for the security measures, procedures or steps referred to in paragraphs (b) and (c).

  2. (2)

    The security plan must set out security measures and procedures to monitor and control access to the zone, including measures to detect and deter unauthorised access to the zone.

Subdivision 5A.2.2Form of plan

5A.95Requirements for plans (Act s 100I)

For section 100I of the Act, this Subdivision sets out requirements for the preparation of an offshore security plan.

5A.100Information for offshore security plans

The information that must accompany an offshore security plan for an offshore facility operator must:

  1. (a)

    show the location (including the geographical coordinates) of each facility in a way that enables the Secretary to gazette the location of the facility; and

  2. (b)

    include a diagram of a size and scale of each facility and surrounding water that shows the layout of the facility and of any offshore security zone.

5A.105Protection of plan

An offshore facility operator must ensure that the offshore security plan for the operator’s facility is protected against unauthorised access, amendment and disclosure.

Division 5A.3Offshore service providers

Subdivision 5A.3.1Preliminary

5A.110Service providers to have offshore security plans (Act s 100B)

  1. (1)

    For paragraph 100B (b) of the Act, an offshore industry participant that is an offshore service provider is prescribed.

  2. (2)

    However subregulation (1) does not apply to a service provider if:

    1. (a)

      the activities of the service provider are covered by the offshore security plan for an offshore facility operator (the covering plan) and the service provider has agreed in writing to the activities being covered by the covering plan; or

    2. (b)

      both of the following apply:

      1. (i)

        the activities of the service provider are covered by a maritime security plan, or a transport security program within the meaning given in the Aviation Transport Security Act 2004;

      2. (ii)

        the service provider has reviewed the plan and, if necessary, amended it to ensure that the provider satisfies the relevant requirements for offshore service providers under these Regulations.

Note Section 100E of the Act deals with the activities of offshore industry participants being covered by offshore security plans of other offshore industry participants.

Subdivision 5A.3.2Matters to be dealt with in plan

5A.115Offshore security plans (Act s 100H)

For section 100H of the Act, this Subdivision prescribes the matters that are to be dealt with in an offshore security plan for an offshore service provider.

5A.120Offshore service provider details

An offshore security plan for an offshore service provider must be accompanied by a document setting out the following information:

  1. (a)

    the name of the service provider;

  2. (b)

    contact details for the service provider;

  3. (c)

    name of the Chief Executive Officer of the service provider;

  4. (d)

    name of each port or airport:

    1. (i)

      where the service provider has a supply base; or

    2. (ii)

      from which the service provider operates;

  5. (e)

    name or position of the person who is to be the OSPSO for the service provider;

  6. (f)

    a single 24-hour fixed-line telephone number, a mobile telephone number and a fax number for the OSPSO of the participant.

Note Paragraph 100G (1) (c) of the Act requires an offshore security plan for an offshore industry participant to include contact details for the OSPSO.

5A.125Details of other offshore industry participants

An offshore security plan for an offshore service provider must be accompanied by a document setting out the name of, and contact details for:

  1. (a)

    each PSO of a security regulated port and airport security contact officer (within the meaning given in the Aviation Transport Security Act 2004) of a security controlled airport (within the meaning given in that Act):

    1. (i)

      where the service provider has a supply base; or

    2. (ii)

      from which the service provider operates; and

  2. (b)

    each OFSO of a security regulated offshore facility serviced by the service provider.

5A.130Obligation to keep information current

  1. (1)

    An offshore service provider must, within 2 working days after becoming aware of a change in any of the information given under regulation 5A.120 or 5A.125, notify the Secretary, in writing, of the change.

Penalty: 20 penalty units.

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

5A.135Security assessments

In addition to the matters required under regulation 5A.05, a security assessment for an offshore service provider must include the following matters:

  1. (a)

    a statement outlining the risk context or threat situation for the offshore service provider;

  2. (b)

    identification and evaluation of important assets, infrastructure and operations that need to be protected;

  3. (c)

    identification of possible risks or threats to assets, infrastructure and operations, and the likelihood and consequences of their occurrence;

  4. (d)

    identification of existing security measures, procedures and operations;

  5. (e)

    identification of weaknesses (including human factors) in the infrastructure, policies and procedures;

  6. (f)

    identification, selection and prioritisation of possible risk treatments (for example, counter-measures and procedural changes that need to be implemented) and their effectiveness in reducing risk levels and vulnerabilities.

5A.140OSPSO qualifications and responsibilities

An offshore security plan for an offshore service provider must set out:

(a) the knowledge, skills and other requirements for the OSPSO; and

  1. (b)

    the training or qualifications that satisfy the requirements referred to in paragraph (a); and

(c) the training that must be given to the OSPSO.

5A.145Other personnel with security role

  1. (1)

    An offshore security plan for an offshore service provider must identify, by reference to their positions, personnel who have been assigned security duties and responsibilities in addition to those of the OSPSO.

  2. (2)

    The security duties and responsibilities of personnel so identified must be set out in the plan, together with:

    1. (a)

      the knowledge, skills and other requirements for the security-related aspects of their positions; and

    2. (b)

      the training or qualifications that satisfy the requirements referred to in paragraph (a); and

    3. (c)

      the training that must be given to such personnel.

5A.150Matters that must be in plan

  1. (1)

    An offshore security plan for an offshore service provider must address, in addition to the matters required under regulation 5A.05, the following matters:

    1. (a)

      measures to prevent unauthorised carriage or possession of weapons or prohibited items at a supply base of the service provider or on board vessels or aircraft operated by the service provider;

    2. (b)

      measures to prevent unauthorised access to a supply base of, or a vessel or aircraft operated by, the service provider;

    3. (c)

      procedures for responding to security threats or breaches of security, including procedures for maintaining critical operations of the offshore service provider;

    4. (d)

      procedures for responding to security threats or breaches of security occurring during any interface between a vessel or aircraft and a facility;

    5. (e)

      procedures for responding to any security directions given by the Secretary;

    6. (f)

      procedures for evacuation of a supply base of the service provider in case of security threats or breaches of security;

    7. (g)

      procedures for drills and exercises associated with the plan;

    8. (h)

      procedures for interfacing with the security activities of vessels and offshore facilities serviced by the service provider;

    (i) procedures for modifying the plan to correct deficiencies or to update the plan to take into account changes to a relevant facility and to the service provider;

    1. (j)

      procedures for reporting occurrences which threaten the security of the offshore facility or the offshore service provider;

    2. (k)

      measures to ensure the security of the information contained in the plan;

    3. (l)

      measures to ensure security of passengers, cargo and cargo handling equipment under the control of the offshore service provider;

    4. (m)

      procedures in case the ship security alert system of a ship is activated while interfacing with the service provider.

  2. (2)

    In determining appropriate measures for paragraph (1) (a) and (b), the service provider must have regard to the special risks or threats associated with the types of vessels and aircraft and the types of cargoes transported by vessels and aircraft serving an offshore facility.

5A.155Consultation

An offshore security plan for an offshore service provider must set out, for the purpose of coordinating security-related activities, a mechanism for consultation between the service provider and:

  1. (a)

    each offshore facility operator serviced by the service provider; and

  2. (b)

    the operator of each security regulated port and each airport from which the service provider operates; and

  3. (c)

    any other stakeholder who may be affected by the implementation of the plan; and

  4. (d)

    the service provider’s employees (or their representatives), regarding security measures and procedures to be implemented.

5A.160Maritime security level 1

An offshore security plan for an offshore service provider must set out, in relation to maritime security level 1:

  1. (a)

    the security measures, identified in the security assessment for the operation, for implementation at that level; and

  2. (b)

    the measures that have been implemented; and

  3. (c)

    a schedule for implementing the measures that have not been implemented; and

  4. (d)

    any interim measures that will be implemented until the measures referred to in paragraph (c) are fully implemented.

5A.165Maritime security levels 2 and 3

An offshore security plan for an offshore service provider must set out, in relation to maritime security levels 2 and 3, the additional security measures that the service provider will implement if the Secretary declares that maritime security level 2 or 3 is in force for a port or airport at which the service provider operates.

5A.170Declarations of security

An offshore security plan for an offshore service provider must provide for:

  1. (a)

    the circumstances in which the service provider will request a declaration of security with another offshore industry participant or a ship; and

  2. (b)

    the procedures for negotiating the security measures and responsibilities of the service provider and the participant in those circumstances; and

  3. (c)

    how security measures identified in a declaration will be implemented to ensure compliance by the service provider and the participant with their security plans and with the declaration.

5A.175Protection of plan

An offshore service provider must ensure that the offshore security plan for the service provider is protected against unauthorised access, amendment and disclosure.

[29]After Division 6.4

insert

Division 6.5Offshore security zones

Subdivision 6.5.1Preliminary

6.125Types of offshore security zones (Act s 113B)

For subsection 113B (1) of the Act, the following are prescribed as the types of offshore security zones that the Secretary may establish:

  1. (a)

    offshore facility zone;

  2. (b)

    offshore water-side zone.

Subdivision 6.5.2Offshore facility zones

6.130Identification of zones

  1. (1)

    An offshore facility zone must be clearly identifiable as an offshore security zone.

  2. (2)

    Persons who are in or in the vicinity of a zone must be informed that:

    1. (a)

      access to the zone is controlled; and

    2. (b)

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

6.135Duties of offshore facility operator

(1)

An offshore facility operator must monitor and control access to the offshore facility zone.

Penalty: 200 penalty units.

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

6.140Offences — unauthorised entry

  1. (1)

    A person must not enter or remain in an offshore facility zone unless authorised to do so by the offshore facility operator.

Penalty: 50 penalty units.

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Subdivision 6.5.3Offshore water-side zones

6.145Identification of zones

The operator of an offshore facility for which an offshore water-side zone is established must give notice of the establishment and the boundaries of the zone by:

  1. (a)

    water based identification measures; or

  2. (b)

    posting, publishing or broadcasting notices; or

  3. (c)

    using any other means that have the effect of informing persons in or in the vicinity of the zone about the establishment of the zone and its boundaries.

6.150Duties of offshore facility operator

  1. (1)

    If the Secretary gives notice of the establishment of an offshore water-side zone, the offshore facility operator concerned must ensure that persons who are in, or in the vicinity of, the security regulated offshore facility are informed, in accordance with the offshore security plan, that:

    1. (a)

      access to the zone is controlled; and

    2. (b)

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

  2. (2)

    An offshore facility operator must monitor access to any offshore water-side zone.

Penalty: 200 penalty units

  1. (3)

    An offence against subregulation (1) is an offence of strict liability.

  2. (4)

    An offshore facility operator must ensure that the security measures and procedures to control access to offshore water‑side zones detect and deter unauthorised access to those zones.

6.155Offences – unauthorised entry

  1. (1)

    A person must not enter or remain in an offshore water-side zone unless authorised to do so by the offshore facility operator concerned.

Penalty: 50 penalty units.

  1. (2)

    A person must not take a vessel or thing into, or leave a vessel or thing in, an offshore water-side zone unless authorised to do so by the offshore facility operator concerned.

Penalty: 50 penalty units.

  1. (3)

    An offence against subregulation (1) or (2) is an offence of strict liability.

[30]Part 9

substitute

Part 9Reporting maritime transport or offshore facility security incidents

Note This Part heading is reserved for future use.

Note

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

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