Maritime Transport and Offshore Facilities Security Amendment (Inter‑State Voyages) Act 2016
No. 2, 2016
An Act to amend the Maritime Transport and Offshore Facilities Security Act 2003, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments relating to inter‑State voyages
Maritime Transport and Offshore Facilities Security Act 2003
Maritime Transport and Offshore Facilities Security Amendment (Inter-State Voyages) Act 2016
No. 2, 2016
An Act to amend the Maritime Transport and Offshore Facilities Security Act 2003, and for related purposes
[Assented to 10 February 2016]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Maritime Transport and Offshore Facilities Security Amendment (Inter‑State Voyages) Act 2016.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 10 February 2016 |
2. Schedule 1 | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 10 August 2016 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments relating to inter‑State voyages
Maritime Transport and Offshore Facilities Security Act 2003
1 Section 10 (definition of inter‑State voyage)
Repeal the definition.
2 Paragraphs 16(1)(a), (b) and (c)
Omit “or inter‑State”.
3 At the end of subsection 16(1)
Add:
Note: Regulations under this Act may make different provision with respect to different kinds of regulated Australian ships: see subsection 33(3A) of the Acts Interpretation Act 1901.
[Minister’s second reading speech made in—
House of Representatives on 12 August 2015
Senate on 25 November 2015]
Overview
The Maritime Transport and Offshore Facilities Security Amendment (Inter-State Voyages) Act 2016, enacted by the Parliament of Australia, was introduced to refine the regulatory framework governing security measures for maritime transport and offshore facilities, particularly focusing on voyages between states. The Act amends the Maritime Transport and Offshore Facilities Security Act 2003 to adjust the definition and scope of inter-State voyages, thereby ensuring that security protocols are appropriately tailored to the varying risks associated with different types of maritime activities. The overarching policy objective is to enhance the security of maritime and offshore operations, ensuring that measures are both effective and proportionate to the specific contexts in which they are applied.
Scope and Application
The Maritime Transport and Offshore Facilities Security Amendment (Inter-State Voyages) Act 2016 amends the Maritime Transport and Offshore Facilities Security Act 2003. It applies to vessels making voyages between states in Australia, which were previously defined as inter-State voyages. The Act removes the specific definition of inter-State voyage from the 2003 Act, thereby eliminating the need for security measures for these voyages. Certain provisions that were previously applicable to inter-State voyages are now omitted, including references to security level determinations and requirements for security plans. The Act allows for flexibility in applying security measures through regulations, which can be tailored to different types of Australian ships. The amendments commenced on a date fixed by proclamation, not later than six months from the Act receiving Royal Assent, on 10 August 2016. The geographic reach of the Act is limited to Australian waters, affecting the maritime industry and vessels operating within the country's jurisdiction.
Key Provisions
The Maritime Transport and Offshore Facilities Security Amendment (Inter-State Voyages) Act 2016 (C2016A00002) amends the Maritime Transport and Offshore Facilities Security Act 2003. The primary amendments outlined in Schedule 1 involve the repeal of the definition of "inter-State voyage" under section 10 (paragraph 1), and the removal of "or inter-State" from paragraphs 16(1)(a), (b), and (c) (paragraph 2). Additionally, a new note is added to the end of subsection 16(1), indicating that regulations under the Act may specify different provisions for different kinds of regulated Australian ships (paragraph 3). This amendment effectively broadens the scope of maritime security regulations to include all voyages, not just those that are inter-State.
The Act imposes several obligations and requirements on parties and entities governed by the Maritime Transport and Offshore Facilities Security Act 2003. Primarily, it mandates that security measures and protocols be applied to all voyages, irrespective of whether they are inter-State or not. This includes adherence to any specific regulations that may be promulgated under the Act, which can vary based on the type of ship and the nature of the voyage. Additionally, the Act ensures that the security measures are in compliance with international standards and practices, as these are often referenced or aligned with the security provisions stipulated by the International Maritime Organization (IMO).
Breaches of the provisions outlined in the Act can result in both civil and criminal consequences. While the specific offences are not detailed in the text, penalties can include fines and imprisonment. The maximum penalties are not explicitly stated in the provided excerpt, but they are typically detailed in the primary Act or in subsequent regulations. For instance, under the Maritime Transport and Offshore Facilities Security Act 2003, non-compliance with security measures can lead to significant financial penalties and, in severe cases, criminal charges that may result in imprisonment for individuals and substantial fines for corporations. These consequences underscore the importance of adhering to the security protocols and regulations established by the Act.