Maritime Transport and Offshore Facilities Security Amendment Regulations 2007 (No. 1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2007L00726 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 42
 
Issued by Authority of the Minister for Transport and Regional Services

 

Subject - Maritime Transport and Offshore Facilities Security Act 2003

 

 Maritime Transport and Offshore Facilities Security Amendment Regulations 2007 (No. 1)

 

The purpose of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act) is to safeguard against unlawful interference with maritime transport or offshore facilities by establishing a regulatory framework centred around the development of security plans for ships, offshore oil and gas facilities and other maritime transport operations.  The Australian maritime security regime came into force on 1 July 2004.

 

Subsection 209(1) of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed for carrying out or giving effect to the Act.  Paragraph 162(2)(b) of the Act also provides that the regulations may prescribe requirements in relation to the form, issue and use of identity cards for maritime security guards. 

 

The Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards and Other Measures) Act 2006 has amended the Act to provide enhanced powers for maritime security guards, including:

  • new subsection 163D(6) of the Act, which provides that the regulations may make provision for the disposal of unclaimed vehicles, and the manner in which the proceeds of any sale are to be distributed; and
  • new subsection 163E(6) of the Act, which provides that the regulations may make provision for the disposal of unclaimed vessels, and the manner in which the proceeds of any sale are to be distributed.

 

The amendments to the Maritime Transport and Offshore Facilities Security Regulations 2003 (the Principal Regulations) facilitate the implementation of the new enhanced powers for maritime security guards.

 

In summary, the amendments to the Principal Regulations:

  • allow for a security guard licence to be used as a form of photo identity card for a maritime security guard; and
  • set out the requirements to be met by a maritime industry participant in order to sell or dispose of a vehicle or vessel that has been removed from a maritime security zone by a maritime security guard.

 

Details of the issues addressed by the Regulations are set out in the Attachment.

 

A Best Practice Regulation – Preliminary Assessment has been completed and the impact of the Regulations on industry has been assessed as low.

 

The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commenced on the commencement of item 2 of Schedule 1 to the Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards and Other Measures) Act 2006.  That Act received the Royal Assent on 27 September 2006, and item 2 of Schedule 1 will commence 6 months after that day, i.e. on 27 March 2007.

ATTACHMENT

 

Details of the Maritime Transport and Offshore Facilities Security Amendment Regulations 2007 (No. 1)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Maritime Transport and Offshore Facilities Security Amendment Regulations 2007 (No. 1)

 

Regulation 2 – Commencement

 

This regulation provides for the Regulations to commence on the commencement of item 2 of Schedule 1 to the Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards and Other Measures) Act 2006.

 

Regulation 3 – Amendment of Maritime Transport and Offshore Facilities Security Regulations 2003

 

This regulation provides that the Maritime Transport and Offshore Facilities Security Regulations 2003 (the Principal Regulations) are amended as set out in Schedule 1.

 

Schedule 1 – Amendments

 

Item [1] – Before regulation 8.50

This item inserted a new subdivision heading separating the provisions dealing with the general requirements for maritime security guards from the provisions concerning the disposal of unclaimed vehicles and vessels.

 

Item [2] – Paragraph 8.55(1)(a)

This item amended paragraph 8.55(1)(a) to provide that a card issued by an authority of a State or Territory – and which is evidence that the maritime security guard holds a licence to work as a security guard in that State or Territory – to be used as an identity card for a maritime security guard.  This regulation reduces the number of different cards a maritime security guard requires to hold or display in order to work for a maritime industry participant.

 

Item [3] – Paragraph 8.55(2)(d)

This item amended paragraph 8.55(2)(d) to provide that a card issued by an authority of a State or Territory, for the purposes of paragraph 8.55(1)(a) is required to bear the name of the Authority.

 

Item [4] – After regulation 8.55

This item inserted a new Subdivision heading 8.5.2 to provide for the disposal, through sale or otherwise, of “unclaimed” vehicles and vessels; and the manner in which the proceeds of any sale are to be distributed.

 

This item also inserted a new regulation 8.57.  Subregulation 8.57(1) inserted a definition of the term “unclaimed vehicle”.  This definition clarifies when a vehicle may be disposed of by a maritime industry participant.  New subregulation 8.57(2) provides for a definition of the term unclaimed vehicle and that a maritime industry participant may sell or otherwise dispose of a vehicle that has been an unclaimed vehicle for longer than three months.  To sell or otherwise dispose of an “unclaimed vehicle” under this regulation requires the maritime industry participant to publish a notice in relation to the vehicle in an appropriate newspaper.  The proceeds of the sale of an unclaimed vehicle, less the reasonable costs incurred by the participant, is to be given to the Australian Government by 14 July in the following financial year in which the maritime industry participant sold the vehicle under this regulation.  This regulation ensures that there was a reasonable opportunity for the owner to recover the unclaimed vehicle, while ensuring that the maritime industry participant is not unjustly burdened with costs associated with removal and storage of the unclaimed vehicle.

 

This item also inserted a new regulation 8.58C to provide for the disposal of removed vessels.  Subregulation 8.58(1) sets out a definition of the term “unclaimed vessel”.  New subregulation 8.58(2) provides that a maritime industry participant may sell or otherwise dispose of a vessel that has been an unclaimed vessel for longer than three months.  To sell or otherwise dispose of an unclaimed vessel under this regulation requires the maritime industry participant to publish a notice in relation to the vessel in an appropriate newspaper.  The proceeds of the sale of an unclaimed vessel, less the reasonable costs incurred by the participant, is to be given to the Australian Government by 14 July in the following financial year in which the maritime industry participant sold the vessel under this regulation.  This regulation ensures that there is reasonable opportunity for the owner to recover the unclaimed vessel, while ensuring that a maritime industry participant is not unjustly burdened with costs associated with removal and storage of the unclaimed vessel.

 

 

Overview

The Maritime Transport and Offshore Facilities Security Amendment Regulations 2007 (No. 1) were enacted to address gaps in the regulatory framework established by the Maritime Transport and Offshore Facilities Security Act 2003. This Act was introduced to safeguard against unlawful interference with maritime transport or offshore facilities by requiring the development of security plans for ships, offshore oil and gas facilities, and other maritime transport operations. The regulations were issued by authority of the Minister for Transport and Regional Services and aim to facilitate the implementation of enhanced powers for maritime security guards as per the Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards and Other Measures) Act 2006. The policy objective is to streamline the processes for maritime security guards by allowing their security guard licence to serve as a form of photo identity card and by setting out requirements for the disposal of unclaimed vehicles and vessels removed from maritime security zones. This includes provisions for the distribution of proceeds from the sale of such items to the Australian Government.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003, supplemented by the Maritime Transport and Offshore Facilities Security Amendment Regulations 2007 (No. 1), applies to maritime security guards, maritime industry participants, and other relevant entities involved in maritime transport and offshore facilities security. This legislation encompasses ships, offshore oil and gas facilities, and other maritime transport operations across Australia's jurisdictional waters, including state and territory waters. The Act aims to establish a regulatory framework that mandates the development of security plans to prevent unlawful interference with maritime transport and offshore facilities. The regulations facilitate the implementation of enhanced powers for maritime security guards, including provisions for the disposal of unclaimed vehicles and vessels and the distribution of proceeds from their sale. The Act extends its reach through subordinate instruments, enabling the Governor-General to make regulations required for the Act's enforcement, including specific requirements for identity cards for maritime security guards. The regulations, which commenced on 27 March 2007, have been assessed to have a low impact on industry.

Key Provisions

The Maritime Transport and Offshore Facilities Security Amendment Regulations 2007 (No. 1) amend the Maritime Transport and Offshore Facilities Security Regulations 2003 to incorporate new provisions that enhance the powers of maritime security guards (Regulation 3). A significant change introduced by the Regulations is the allowance for a security guard licence from a State or Territory to be used as an identity card for maritime security guards (Schedule 1, Item [2]). This amendment is aimed at streamlining the requirements for maritime security guards by reducing the number of different cards they need to hold or display (Schedule 1, Item [2]). Additionally, the Regulations introduce provisions for the disposal of unclaimed vehicles and vessels that have been removed from maritime security zones by maritime security guards (Schedule 1, Item [4]). The Regulations require maritime industry participants to publish a notice in an appropriate newspaper if they intend to sell or otherwise dispose of a vehicle or vessel that has been unclaimed for more than three months (Schedule 1, Items [4], [5]). The proceeds from the sale, less reasonable costs, must be given to the Australian Government by 14 July in the following financial year (Schedule 1, Items [4], [5]). The Regulations impose specific obligations on maritime industry participants. Firstly, they must use a security guard licence from a State or Territory as a form of photo identity for maritime security guards (Schedule 1, Item [2]). This licence must bear the name of the issuing authority (Schedule 1, Item [3]). Secondly, when disposing of an unclaimed vehicle or vessel, maritime industry participants are required to publish a notice in an appropriate newspaper and submit the proceeds, minus reasonable costs, to the Australian Government by 14 July of the following financial year (Schedule 1, Items [4], [5]). These obligations are intended to ensure that maritime security guards are properly identified and that maritime industry participants can responsibly dispose of unclaimed property without incurring undue financial burden. Failure to comply with the requirements set forth in the Regulations may result in various consequences. While the explanatory statement does not explicitly outline specific offences or penalties, non-compliance with regulatory obligations in similar contexts can typically lead to enforcement actions by relevant authorities. Potential consequences could include administrative penalties, legal action, or other corrective measures to ensure compliance with maritime security regulations. The exact penalties and consequences would depend on the specific circumstances and the relevant laws governing maritime security and regulatory compliance in Australia.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.