Maritime Transport and Offshore Facilities Security Amendment Regulations 2009 (No. 2)

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

Legislation au F2009L04049 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 291
 
 
Subject: Maritime Transport and Offshore Facilities Security Act 2003
 
 
        Maritime Transport and Offshore Facilities Security Amendment      
Regulations 2009 (No. 2)

 

 

Subsection 209(1) of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act) provides that the Governor‑General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

 

The purpose of the Act is to safeguard against unlawful interference with maritime transport and offshore facilities. To achieve this, the Act establishes a regulatory framework centred on the development of security assessments and plans for ports, port facilities, ships and other maritime transport operations. The Act and the Maritime Transport and Offshore Facilities Security Regulations 2003 (the Principal Regulations) were extended to cover offshore oil and gas facilities in 2005.

 

Various amendments and the procession of time have rendered certain regulations redundant, whilst others were put in place to facilitate implementation and transition phases which have been successfully completed.

 

The Regulations amend the Principal Regulations to remove provisions that have ceased to be in operation and amend some definitions.

 

Details of the Regulations are set out in the Attachment.

 

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

 

The Regulations would commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

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

 

The amendments were developed in consultation with the Office of Transport and Security within the Department of Infrastructure, Transport, Regional Development and Local Government.

 

 

 

 

 

 

ATTACHMENT

 

Details of the Maritime Transport and Offshore Facilities Security Amendment Regulations 2009 (No. 2)

Regulation 1 – Name of Regulations

 

The title of the Regulations is the Maritime Transport and Offshore Facilities Security Amendment Regulations 2009 (No. 2).

 

Regulation 2 – Commencement

 

This regulation would provide for the Regulations to commence on the day after they are registered.

 

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

 

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] –Regulation 3.12 Operator to tell Secretary about issuing body for Maritime Security Identification Cards (MSICS)

 

Item 1 would omit regulation 3.12 as the procession of time has now rendered this regulation redundant.

 

Item [2] –Regulation 5A.12 Operator to tell Secretary about issuing body for MSICS

 

Item 2 would omit regulation 5A.12 as the procession of time has now rendered this regulation redundant.

 

Item [3] –Paragraphs 6.07A (1) (b) and (c)

Item 3 would substitute paragraphs 6.07A (1) (b) and (c) to remove a reference to a point in time, which has since passed and is no longer applicable.

Item [4] –Regulation 6.07B, definition of exempt person

Item 4 is consequential to the amendment at item 11, which provides for the omission of subregulation 6.08S (1). Item 4 substitutes the current definition of exempt person with a definition incorporating the definition of exempt person at current 6.08S (1), which is removed as per item 11. Thus, they are related.

This item would provide that an exempt person, in relation to a maritime security zone, or a part of a maritime security zone, means a person who under the Act or these Regulations, is not required to properly display a valid MSIC in the zone or that part of the zone.

Item [5] –Regulation 6.07B, definition of MSIC Implementation period

Item 5 would omit the definition of MSIC implementation period at regulation 6.07B. The reference to the implementation period is now redundant as the period has now ceased.

Item [6] –Table 6.07C, note 3

 

Item 6 would omit the note at Table 6.07C, to remove a reference to a point in time, which has since passed and is no longer applicable.

 

Item [7] –Subdivision 6.1A.1A

Item 8 would omit subdivision 6.1A.1A, which refers to an implementation period prior to the commencement of the Maritime Security Identification Card (MSIC) scheme which, given the passage of time, is no longer applicable.

Item [8] –Regulation 6.08CA Transitional arrangement –criminal history

Item 7 would omit regulation 6.08CA as it refers to a transitional arrangement prior to the commencement of the Maritime Security Identification Card which, given the passage of time, is no longer applicable.

Item [9] –Subparagraph 6.08K (1)(a)(ii) Temporary MSICs

Item 9 would omit subparagraph 6.08K(1)(a)(ii), which provides a temporary MSIC can be given to a person who has applied for an MSIC  who has satisfied a security assessment but no decision has been made that the person has an adverse criminal record. This was intended to apply during the implementation of the MSIC scheme and is no longer applicable.  

Item [10] –Subregulations 6.08K(2), (4) and (5) Temporary MSICs

The omission at item 10, with regard to subregulations 6.08K(2) is consequential to the amendment at item 9.  Item 9 removes 6.08K(1)(a)(ii) which makes specific reference to “subregulation 2”. Item 10 removes subregulation 2 being a direct consequence of removing 6.08K(1)(a)(ii). The other parts removed at item 10, being 6.08K (4) and (5) also currently exist as a result of subregulation 2 which item 9 removes, therefore their removal is also consequential to the amendment at item 9.

 

The omission of subregulations 6.08K(4) and (5), also at this item, are also consequential to the amendments at item 9.

 

Item [11] –Subregulation 6.08S(1), definition of exempt person

Item 11 would omit the definition of exempt person from subregulation 6.08S(1) in order to provide for a single definintion of exempt person at regulation 6.07B (item 4 relates).

Overview

The Maritime Transport and Offshore Facilities Security Amendment Regulations 2009 (No. 2) were enacted to amend the Maritime Transport and Offshore Facilities Security Regulations 2003, which themselves are subordinate legislation to the Maritime Transport and Offshore Facilities Security Act 2003. The primary aim of the Act, enacted by the Australian Parliament, is to address the problem of safeguarding against unlawful interference with maritime transport and offshore facilities. The Act establishes a regulatory framework centred on the development of security assessments and plans for ports, port facilities, ships, and other maritime transport operations. The problem or gap the Act was introduced to address was the need for stringent security measures to protect Australia's maritime interests and infrastructure from potential terrorist threats and other unlawful activities. The Maritime Transport and Offshore Facilities Security Amendment Regulations 2009 (No. 2) serve to refine and update the regulatory framework by removing outdated provisions and amending certain definitions to ensure the effectiveness and relevance of the security measures in place. The policy objective remains to maintain a secure maritime environment conducive to safe and efficient transport operations.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to entities involved in maritime transport and offshore facilities, including ships, ports, and offshore oil and gas facilities, within the Commonwealth of Australia. The Act seeks to establish a regulatory framework for the development of security assessments and plans to safeguard against unlawful interference with these facilities. The Act applies to any person or entity that operates within the maritime transport sector or offshore facilities, including ship operators, port operators, and offshore facility operators, ensuring that they implement necessary security measures. The scope of the Act is broad, covering both the Commonwealth and state maritime transport and offshore facilities, thereby ensuring a cohesive national approach to maritime security. The Act also extends its application through subordinate instruments, such as the Maritime Transport and Offshore Facilities Security Regulations 2003, which provide further detail and operational guidelines. Certain provisions, such as those concerning the issuance of Maritime Security Identification Cards, have been rendered redundant over time and are omitted in amendments like the Maritime Transport and Offshore Facilities Security Amendment Regulations 2009 (No. 2). These regulations also include adjustments to definitions and transitional provisions to ensure the smooth implementation of the security framework.

Key Provisions

The Maritime Transport and Offshore Facilities Security Amendment Regulations 2009 (No. 2) (the Regulations) make amendments to the Maritime Transport and Offshore Facilities Security Regulations 2003 (the Principal Regulations) to update and streamline the regulatory framework (reg 3). These amendments primarily serve to remove provisions that have become redundant over time and to update definitions where necessary. For example, Regulation 3.12 and Regulation 5A.12, which pertained to notifying the Secretary about issuing bodies for Maritime Security Identification Cards (MSICs), have been omitted as they are no longer applicable (Items [1] and [2]). Similarly, definitions and references to specific time periods or transitional arrangements that were pertinent during the initial implementation phase have been removed (Items [3] to [11]). The Regulations impose several obligations on the parties and entities they govern. Primarily, these obligations relate to the updating of information and documentation to reflect the current regulatory requirements. For instance, operators of ports, port facilities, ships, and other maritime transport operations must ensure that they comply with the updated definitions and requirements as set out in the amended regulations. Additionally, the Regulations require that any information previously required to be submitted to the Secretary regarding issuing bodies for MSICs is no longer necessary, reflecting the completion of transitional phases (Items [1] and [2]). The streamlined definitions and removal of outdated provisions aim to facilitate compliance and ensure the regulatory framework remains effective and relevant (Items [3] to [11]). Breaches of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act) or the Principal Regulations can lead to various civil and criminal consequences. Under the Act, offences can include providing false or misleading information, failing to comply with security assessments and plans, or engaging in unlawful interference with maritime transport and offshore facilities. The penalties for such offences can vary significantly depending on the nature and severity of the breach. For instance, individuals may face fines or imprisonment, while corporations may face more substantial financial penalties. The specific penalties are not detailed in the Explanatory Statement but are outlined in the Act itself, which should be consulted for precise details on the maximum penalties for various offences. The Regulations themselves do not introduce new offences or penalties but ensure that the regulatory framework remains current and effective. By removing outdated provisions and updating definitions, the Regulations aim to reduce the potential for non-compliance and associated penalties. However, any failure to comply with the updated requirements could still result in enforcement actions under the Act, including fines or other penalties as prescribed by law. The streamlined regulatory framework is intended to enhance clarity and ease of compliance, thereby reducing the likelihood of inadvertent breaches.

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