Maritime Transport and Offshore Facilities Security Amendment (Security Assessment Inspectors) Regulation 2013

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

Legislation au F2013L01031 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2013 No. 120

 

Subject - Maritime Transport and Offshore Facilities Security Act 2003

 

 Maritime Transport and Offshore Facilities Security Amendment (Security Assessment Inspectors) Regulation 2013

 

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) establishes a regulatory framework to safeguard against unlawful interference with maritime transport and offshore oil and gas facilities.  To achieve this purpose, the Act establishes minimum security requirements for the Australian maritime industry by imposing obligations on persons engaged in maritime activities.

 

Subsection 209(1) of the Act provides that the Governor-General may make Regulations 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 Act establishes a regulatory framework centred on the development of security plans for ships, other maritime transport operations, and offshore facilities.  Generally, these plans must be in writing, and prepared in accordance with any requirements set out in the Maritime Transport and Offshore Facilities Security Regulations 2003 (the Principal Regulations).  In doing so, the Act fulfils Australia’s obligations under the Convention for the Safety of Life at Sea 1974 concerning implementation of the International Ship and Port Facility Security (ISPS) Code.

 

The ISPS Code requires certain maritime industry participants to have a security plan and recognises that security assessments are an essential and integral part of the process of developing and updating a security plan.  A security assessment involves a physical inspection of a facility, building, vessel or vehicle, to make observations and to ensure security procedures comply with the requirements of the Act.

 

The Principal Regulations set out the requirements for maritime, ship and offshore security plans to ensure that these plans achieve the maritime security outcomes specified in the Act.  Generally, these plans must be in writing, and prepared in accordance with any requirements set out in the Principal Regulations.

 

The Act and the Principal Regulations require maritime industry participants to include a security assessment with their security plans.  The security assessment must take into account any documents required in writing by the Secretary to be taken into account, and address any matter prescribed in the Principal Regulations.

 

The security assessment is usually undertaken by the maritime industry participant or their contractor.  However, in certain circumstances it may be appropriate for a security assessment to be conducted by the Australian Government.  A security assessment undertaken by a security assessment inspector is intended to contribute to Australia’s maritime security outcomes as prescribed by the Act.

 

In July 2010, the Act was amended to insert a new Part 8, Division 2A to allow the Secretary of the Department of Infrastructure and Transport to appoint a person as a security assessment inspector and to provide that person with powers that may be exercised for the purposes of conducting a security assessment, where appropriate, of an area, facility, building (other than a residence), vessel or vehicle under the control of a maritime industry participant.  Section 145D of the Act provides that the Secretary may appoint a person as a security assessment inspector if they satisfy the criteria prescribed by the Principal Regulations.

 

The Regulation amends the Principal Regulations to prescribe the criteria that a person must satisfy in order for the Secretary to be able to appoint, in writing, that person as a security assessment inspector.  The policy intention is that a person appointed as a security assessment inspector is be a person who, either as a result of their current role or otherwise, possesses the relevant skills, experience or qualifications to enable them to conduct a security assessment.

 

Details of the Regulation are set out in the Attachment.

 

The Office of Best Practice Regulation was consulted in the development of the Regulation.  A Regulation Impact Statement exemption was granted on 8 July 2011 (reference 12839).

 

A number of relevant government agencies, including the Australian Federal Police, the Australian Customs and Border Protection Service, and State and Northern Territory Police were consulted in the development of the Regulation.  The Attorney-General and the Minister for Home Affairs have provided their support to the Regulation.

 

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

 

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulation commences on the day after registration.

 

 Authority: Subsection 209(1) of the Maritime Transport and Offshore Facilities Security Act 2003

 

ATTACHMENT

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Maritime Transport and Offshore Facilities Security Amendment (Security Assessment Inspectors) Regulation 2013

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The legislative instrument amends the Maritime Transport and Offshore Facilities Security Regulations 2003 to prescribe the criteria that a person must satisfy in order for the Secretary to be able to appoint, in writing, that person as a security assessment inspector.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

 

 

ANTHONY ALBANESE

Minister for Infrastructure and Transport


 

Details of the Maritime Transport and Offshore Facilities Security Amendment (Security Assessment Inspectors) Regulation 2013

 

Section 1 – Name of Regulation

 

Section 1 provides that the Regulation is to be referred to as the Maritime Transport and Offshore Facilities Security Amendment (Security Assessment Inspectors) Regulation 2013.

 

Section 2 – Commencement

 

Section 2 sets out the commencement date for the Regulation to be the day after it is registered.

 

Section 3 – Authority

 

Section 3 provides that the Regulation is made under the Maritime Transport and Offshore Facilities Security Act 2003.

 

Section 4 – Schedule(s)

 

Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 – Amendments

 

Item [1] – After Division 8.2

 

Item 1 inserts Division 8.2A and regulation 8.25 after Division 8.2 of the Principal Regulations.

 

Regulation 8.25 prescribes that the criteria for appointment of security assessment inspectors by the Secretary of the Department of Infrastructure and Transport under subsection 145D(1) of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act) are that the person is:

  • an Australian Public Service (APS) employee within the Department, or
  • a member of the Australian Federal Police (AFP); or
  • a member of the police force of a State or a Territory, or
  • a customs officer (as defined in the Act to mean an Officer within the meaning of the Customs Act 1901); or
  • a person who:
  • has a good knowledge of the transport security environment; and
  • has skills, experience or qualifications relevant to conduct a security assessment; and
  • has a working knowledge, or the ability to acquire a working knowledge, of the Act and these Regulations; and
  • is suitable to access and handle security information; and
  • is otherwise able to perform the duties of a security assessment inspector.

 

The policy intention is that a person appointed as a security assessment inspector would be either:

  • a person who, as a result of their current role, possesses the skills, experience or qualifications relevant to conduct a security assessment.  This could include a member of the AFP, a member of the police force of a State or a Territory, a customs officer, or an APS employee in the Department; or
  • a person who otherwise possesses the skills, experience or qualifications relevant to conduct a security assessment.  This could include officers on secondment from other agencies, or Australian and international security experts from the public or private sectors.

 

It is intended that the appointment criteria in subregulation 8.25(b) will allow the appointment of a person who does not satisfy one of the role-based criteria listed in subregulation 8.25(a), but who for example has relevant skills, experience or qualifications, along with the other criteria, that would enable them to conduct a security assessment.

Overview

The Maritime Transport and Offshore Facilities Security Amendment (Security Assessment Inspectors) Regulation 2013 was introduced to amend the existing Maritime Transport and Offshore Facilities Security Regulations 2003, aiming to enhance the security assessment process for maritime transport and offshore facilities. Enacted by the Parliament of Australia under the authority of subsection 209(1) of the Maritime Transport and Offshore Facilities Security Act 2003, this regulation seeks to address the need for qualified personnel to conduct security assessments. The primary policy objective is to ensure that appointed security assessment inspectors possess the necessary skills, experience, and qualifications to effectively evaluate and enhance security measures in the maritime industry, thereby fulfilling Australia's commitment to international maritime security standards. This regulation allows the Secretary of the Department of Infrastructure and Transport to appoint individuals as security assessment inspectors, provided they meet specified criteria. These criteria include being an Australian Public Service employee, a member of the Australian Federal Police or a state/territory police force, a customs officer, or an individual with relevant knowledge, skills, experience, and qualifications in transport security. The regulation aims to fill a gap by providing a clear framework for the appointment of inspectors who can conduct thorough and effective security assessments, thereby contributing to the overall security of Australia’s maritime and offshore sectors.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 is designed to safeguard against unlawful interference with maritime transport and offshore oil and gas facilities by establishing minimum security requirements for the Australian maritime industry. This Act imposes obligations on persons engaged in maritime activities, encompassing ships, other maritime transport operations, and offshore facilities, to ensure compliance with the security requirements. The Act's scope is national, ensuring that maritime security measures align with Australia's obligations under the International Ship and Port Facility Security (ISPS) Code and the Convention for the Safety of Life at Sea 1974. The Act's regulatory framework requires the development of security plans for maritime operations and offshore facilities, which must be conducted in accordance with the Maritime Transport and Offshore Facilities Security Regulations 2003. These plans must include a security assessment, usually undertaken by the maritime industry participant or their contractor, but may be conducted by a security assessment inspector appointed by the Secretary of the Department of Infrastructure and Transport. The Maritime Transport and Offshore Facilities Security Amendment (Security Assessment Inspectors) Regulation 2013 extends the application of the Act by prescribing the criteria for appointing security assessment inspectors, ensuring that appointed individuals possess relevant skills, experience, or qualifications to conduct security assessments effectively. The criteria include being an Australian Public Service employee, a member of the Australian Federal Police or a state/territory police force, a customs officer, or a person with a good knowledge of the transport security environment and relevant qualifications, among other requirements. This regulation does not specify any exclusions or exemptions and is compatible with human rights as it does not engage any applicable rights or freedoms.

Key Provisions

The Maritime Transport and Offshore Facilities Security Amendment (Security Assessment Inspectors) Regulation 2013 amends the Maritime Transport and Offshore Facilities Security Regulations 2003 to prescribe the criteria for appointing security assessment inspectors under section 145D of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act). Section 145D allows the Secretary of the Department of Infrastructure and Transport to appoint individuals who can conduct security assessments of maritime facilities, buildings, vessels, or vehicles controlled by maritime industry participants. The regulation introduces Division 8.2A and regulation 8.25 in the Principal Regulations, detailing the criteria for such appointments. These criteria ensure that appointed individuals possess the necessary skills, experience, and qualifications to perform their duties effectively. Under regulation 8.25, the criteria for appointing a security assessment inspector include being an Australian Public Service employee within the Department, a member of the Australian Federal Police, a member of a state or territory police force, a customs officer, or a person with relevant knowledge and experience in the transport security environment. Additionally, the appointee must have a working knowledge or the ability to acquire such knowledge of the Act and the Principal Regulations, be suitable to access and handle security information, and be capable of performing the duties of a security assessment inspector. This broad range of criteria ensures that only suitably qualified individuals are appointed to conduct these critical assessments. The regulation imposes specific obligations on the Secretary of the Department of Infrastructure and Transport to ensure that any person appointed as a security assessment inspector meets the prescribed criteria. The Secretary must ensure that appointees are either in a role that inherently provides the necessary skills and experience or possess relevant qualifications and knowledge. These appointees are expected to conduct thorough security assessments to ensure compliance with maritime security requirements and the International Ship and Port Facility Security (ISPS) Code. Failure to comply with the criteria for appointing a security assessment inspector can lead to legal consequences. While the regulation does not explicitly detail penalties for non-compliance, breaches of the Act or Regulations generally can result in significant penalties. For example, under section 228 of the Act, a person who contravenes a direction given by the Secretary can be subject to a penalty of up to $22,200 for an individual and up to $111,000 for a body corporate, with additional penalties for ongoing breaches. Such stringent measures underscore the importance of adhering to the regulatory framework established by the Act and its associated regulations.

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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.