EXPLANATORY STATEMENT
Issued by Authority of the delegate of the Secretary of the Department of Infrastructure, Transport, Regional Development and Local Government
Maritime Transport and Offshore Facilities Security Act 2003
Notice About How Incident Reports Are To Be Made (No. 3) (Amendment No. 1 of 2008)
Purpose
The Notice About How Incident Reports Are To Be Made (No. 3) (Amendment No. 1 of 2008) amends the Notice About How Incident Reports Are To Be Made (No. 3) to correct a minor drafting error.
Reporting requirements
Reporting requirements for incident reports have been published by way of the Notice About How Incident Reports Are To Be Made (No. 2) dated 10 October 2005. These requirements have not changed.
Consultation
Consultation was not required. The Notice About How Incident Reports Are To Be Made (No. 3) (Amendment No. 1 of 2008) corrects a minor drafting error and has no impact on existing arrangements.
Consultation with key stakeholders on the reporting requirements for maritime transport security incidents was undertaken in 2005 by the then Department of Transport and Regional Services. At this time the views of a wide range of stakeholders were sought, including maritime industry participants, State and Territory police and relevant Commonwealth Government agencies.
Legislative authority
Subsection 182(1) of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act) provides that the Secretary of the Department of Infrastructure, Transport, Regional Development and Local Government (the Department) may, by legislative instrument, specify how maritime transport or offshore facility security incident reports are to be made. Subsection 202(1) provides that the Secretary of the Department may, by writing, delegate any or all of his or her powers and functions under the Act to an SES employee in the Department.
Details of this Notice are set out in Attachment A.
The Notice is a legislative instrument for the purpose of the Legislative Instruments Act 2003.
The Notice takes effect on the day after the notice’s registration on the Federal Register of Legislative Instruments and remains in force until revoked.
ATTACHMENT A
Details of the Notice About How Incident Reports Are To Be Made (No. 3) (Amendment No. 1 of 2008)
Section 1 – Name of Instrument
This instrument is the Notice About How Incident Reports Are To Be Made (No. 3) (Amendment No. 1 of 2008).
Section 2 – Commencement
This instrument commences on the day after registration on the Federal Register of Legislative Instruments and remains in force until revoked.
Section 3 – Amendment of Notice About How Incident Reports Are To Be Made (No. 3)
This provides that Schedule 1 amends the Notice About How Incident Reports Are To Be Made (No. 3) (the Principal Instrument).
Schedule 1 – Amendments
Item [1] – Section 5
Item 1 amends the Principal Instrument at Section 5 by omitting the reference to ‘section 3’ and replacing it with ‘section 4’. The purpose of this amendment is to rectify a drafting error. It has no impact on existing arrangements.