EXPLANATORY STATEMENT
Issued by the authority of the Minister for Home Affairs
Maritime Transport and Offshore Facilities Security Act 2003
Maritime Transport and Offshore Facilities Security (Prohibited Items) Determination 2026
Legislative authority
The Maritime Transport and Offshore Facilities Security (Prohibited Items) Determination 2026 (the Determination) is an establishing instrument and is given authority by section 10A of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act). Section 10A of the Act provides the Minister may, by legislative instrument, make a determination specifying items for the purposes of paragraph (b) of the definition of prohibited item in section 10 of the Act.
Paragraph 10(b) of the Act defines prohibited item as an item that is specified in an instrument in force under section 10A. Items proscribed for the purpose of paragraph 10(b) of the Act are constrained by paragraph 10(a), which provides that these items are only prohibited items if they could be used for unlawful interference with maritime transport or offshore facilities
Background
The Act establishes a regulatory framework to safeguard against unlawful and operational interference with maritime transport and offshore facilities and to prevent the use of maritime transport in connection with serious crime. To achieve these purposes, the Act establishes minimum security requirements for civil maritime entities in Australia by imposing obligations on persons engaged in civil maritime related activities.
Division 4 of Part 7 of the Act contains offences in relation to the carriage and possession of prohibited items in maritime security zones, on board regulated Australian ships and on board ships regulated as offshore facilities, to prevent unlawful interference with maritime transport and offshore facilities.
Prohibited items are items which may be used for unlawful interference with maritime transport and offshore facilities, as defined in section 11 of the Act. Among other things, unlawful interference includes committing an act, or causing any interference or damage, that puts the safe operation of a port or offshore facility, or the safety of any person or property at the port or offshore facility, at risk. The control of prohibited items within certain areas related to maritime transport is an important aspect of preventing unlawful interference with maritime transport and offshore facilities, which could otherwise compromise the safety and security of the area and those within it.
Purpose and effect
Schedule 1 to the Transport Security Amendment (Security of Australia’s Transport Sector) Act 2025 (the TSA Act) commenced on 28 March 2026. The TSA Act amends paragraph (b) to the definition of ‘prohibited item’ in section 10 of the Act, by removing the reference to an item that is ‘prescribed in the regulations for the purposes of the definition’ and replacing it with the phrase ‘specified in an instrument in force under section 10A’.
The TSA Act also inserts a new section 10A in the Act which provides the Minister may, by legislative instrument, make a determination specifying items for the purposes of paragraph (b) of the definition of ‘prohibited item’ in section 10.
‘Prohibited items’ were previously defined in regulation 1.60 of the Maritime Transport and Offshore Facilities Security Regulations 2003 (the Regulations) as:
(a) an imitation or replica of a firearm; and
(b) an imitation or replica of a bomb, grenade, rocket, missile or mine.
The purpose of the Determination is to specify which items are ‘prohibited items’ for the purposes of the Act, reflecting the items previously specified in regulation 1.60 of the Regulations. This will ensure that provisions that rely on the term ‘prohibited items’ in Division 4 of Part 7 of the Act will have the same meaning and effect following the commencement of the TSA Act.
Specifying these terms in a determination (a legislative instrument) ensures there is appropriate flexibility to amend the matters specified for this limb of the definition, and to respond quickly and effectively to any emerging security risks, which will assist in preventing unlawful interference with maritime transport and offshore facilities. The determination is a disallowable legislative instrument, and appropriately subject to parliamentary scrutiny.
Following consultation, it was determined that the list of items that are currently proscribed as prohibited items are appropriate for inclusion in this instrument. This is because the threat landscape has only increased and replicas and imitations of weapons still hold the potential to be used to commit acts of unlawful interference against maritime assets.
Consultation
The Department has consulted on the reforms to proscribing prohibited items extensively since 2023, with industry being generally supportive and seeking minimal to no changes. The measure was part of the Transport Security Reforms May to July 2024 consultation which included a written consultation paper, and sector specific round tables and town halls. Industry was provided a summary of the policy approach following consultation upon closure and advised that the approach to this measure did not change.
This measure was not raised during the Parliamentary Joint Committee on Intelligence and Security’s report on the Transport Security Amendment (Security of Australia’s Transport Sector) Act 2025 by the Committee or industry.
Further consultation on prohibited items was undertaken over a six-week period from August to September 2025 and included engagement with port facility operators (who screen under the Large Passenger Ship Screening Notice), maritime screening providers, cruise ship companies (that conduct onboard screening) and ferry services that preform pre‑boarding clearance of passengers and vehicles. All stakeholders supported the existing items proscribed as prohibited items.
Details and operation
Details of the Determination are set out in Attachment A.
The Determination is a disallowable legislative instrument under section 42 of the Legislation Act 2003.
The Determination commences on the later of the day after the instrument is registered, or immediately after the commencement of Part 3 of Schedule 1 to the TSA Act.
Other matters
A Statement of Compatibility with Human Rights has been prepared in relation to the instrument and is at Attachment B.
Attachment A
Details of the Maritime Transport and Offshore Facilities Security (Prohibited Items) Determination 2026
Section 1 Name
This section provides that the name of the instrument is the Maritime Transport and Offshore Facilities Security (Prohibited Items) Determination 2026 (the Determination).
Section 2 Commencement
This section has the effect that the Determination commences on the later of the day after the instrument is registered or immediately after the commencement of Part 3 of Schedule 1 to the Transport Security Amendment (Security of Australia’s Transport Sector) Act 2025.
Section 3 Authority
Section 3 provides that the authority to make the Determination is section 10A of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act).
Section 4 Definitions
Section 4 provides the meaning for defined terms used in the Determination.
The note at the start of section 4 provides that the expression ‘prohibited item’ used in the Determination is defined in the Act.
The term Act is defined to means the Maritime Transport and Offshore Facilities Security Act 2003.
Section 5 Prohibited Items
Section 5 provides that under section 10A of the Act, for the purposes of paragraph (b) of the definition of prohibited item in section 10, an imitation or replica of a firearm and an imitation or replica of a bomb, grenade, rocket, missile or mine are specified to be prohibited items. Specifying imitations and replicas of these items as prohibited items recognises the potential for these to be used in the commission of acts of unlawful interference against maritime assets. .
Attachment B
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 (Prohibited Items) Determination 2026
This Disallowable 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 Disallowable Legislative Instrument
The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) establishes a regulatory framework to safeguard against unlawful and operational interference with maritime transport and offshore facilities and to prevent the use of maritime transport in connection with serious crime. To achieve these purposes, the Act establishes minimum security requirements for civil maritime entities in Australia by imposing obligations on persons engaged in civil maritime related activities.
Division 4 of Part 7 of the Act contains offences in relation to the carriage and possession of prohibited items in maritime security zones, on board regulated Australian ships and on board ships regulated as offshore facilities, to prevent unlawful interference with maritime transport and offshore facilities.
Prohibited items are items which may be used for unlawful interference with maritime transport and offshore facilities, as defined in section 11 of the Act. Among other things, unlawful interference includes committing an act, or causing any interference or damage, that puts the safe operation of a port or offshore facility, or the safety of any person or property at the port or offshore facility, at risk. The control of prohibited items within certain areas related to maritime transport is an important aspect of preventing unlawful interference with maritime transport and offshore facilities, which could otherwise compromise the safety and security of the area and those within it.
The Transport Security Amendment (Security of Australia’s Transport Sector) Act 2025 (the TSA Act) commenced on 27 March 2026. The TSA Act amends paragraph (b) to the definition of ‘prohibited item’ within section 10 of the Act, by removing the reference to an item that is a prohibited item being ‘prescribed in the regulations for the purposes of the definition’ and replacing it with the phrase ‘specified in an instrument in force under section 10A.
The TSA Act also inserts a new section 10A in the Act which provides the Minister may, by legislative instrument, make a determination specifying items for the purposes of paragraph (b) of the definition of ‘prohibited item’ in section 10.
‘Prohibited items’ were previously proscribed in regulation 1.60 of the Maritime Transport and Offshore Facilities Security Regulations 2003 (the Regulations) as:
(a) an imitation or replica of a firearm; and
(b) an imitation or replica of a bomb, grenade, rocket, missile or mine.
The purpose of the Maritime Transport and Offshore Facilities Security (Prohibited Items) Determination 2026 (the determination) is to specify which items are ‘prohibited items’ for the purposes of the Act, reflecting the previous proscribed items in regulation 1.60 of the Regulations. This will ensure that provisions that rely on the term ‘prohibited items’ in Division 4 of Part 7 of the Act will have the same meaning and effect following the commencement of the TSA Act.
Specifying these terms in a determination (a legislative instrument) ensures there is greater flexibility to amend this definition from time to time, and to respond quickly and effectively to any emerging security risks in an efficient manner, which will assist in preventing unlawful interference with maritime transport and offshore facilities. The determination is a disallowable legislative instrument, and appropriately subject to parliamentary scrutiny.
Human rights implications
This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues