Maritime Transport Security Amendment Regulations 2005 (No. 1)

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

Legislation au F2005L01407 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 115

 

Issued by Authority of the Minister for Transport and Regional Services

 

Subject:   Maritime Transport Security Act 2003

 

  Maritime Transport Security Amendment Regulations 2005 (No. 1)

 

 

Subsection 209(1) of the Maritime Transport Security Act 2003 (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.  Subsection 109(3) of the Act provides that regulations may be made under the Act prescribing penalties for offences against the prescribed requirements for ship security zones.

 

The purpose of the Act is to safeguard against unlawful interference with maritime transport by establishing a regulatory framework centred around the development of security plans for ships and other maritime transport operations.  The Australian maritime security regime came into force on 1 July 2004.

 

The amendments to the Maritime Transport Security Regulations 2003 (the Principal Regulations) clarify areas of uncertainty or operational inconsistencies which have been apparent since the implementation of the Australian maritime security regime. 

 

In summary, the amendments to the Principal Regulations:

  • ensure that persons appointed by a court as an Admiralty Marshal, or authorised to exercise the powers or perform the duties of a Marshal under the Admiralty Rules 1988(Cth), may pass through the screening point when boarding a security-regulated passenger ship, for which a maritime security level 1 is in force;
  • prescribe criteria for persons to be appointed as maritime security inspectors by the Secretary of the Department of Transport and Regional Services;
  • provide for the addition of officers of organisations associated with the promotion of the welfare of animals and  licensed security guards as persons authorised to carry or possess a weapon or prohibited item in a maritime security zone and on board a regulated Australian ship;
  • clarify that it is the port operator’s obligation to give notice of the establishment of ship security zones, identify the boundaries of ship security zones, and to inform persons within the port or in its vicinity of the ship security zone.

 

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

 

The Office of Regulation Review has advised that a Regulation Impact Statement (RIS) is not required.

 

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 purpose of the Legislative Instruments Act 2003.

 

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.

 

 

Authority:  Subsections 109(3) and 209(1) of the Maritime Transport Security Act 2003

 


ATTACHMENT

Details of the proposed Maritime Transport Security Amendment Regulations 2005 (No. 1)

1 Name of Regulations

This regulation provides that these regulations are to be cited as the Maritime Transport Security Amendment Regulations 2005 (No. 1).

2 Commencement

This regulation provides that these regulations commence on the day after they are registered. 

3 Amendment of Maritime Transport Security Regulations 2003

This regulation provides that Schedule 1 amends the Maritime Transport Security Regulations 2003 (the Principal Regulations).

Schedule 1 Amendments commencing on day after they are registered.

Item 1  Regulation 6.70, duties of port operator

This item inserts a new regulation 6.70 to clarify that it is the port operator’s obligation to give notice of the establishment and boundaries of the water-side restricted zones and to inform persons in the zone, or its vicinity, of certain specified matters.

 

A new subregulation 6.70(5) provides that it is the port operator’s duty to ensure that appropriate security measures and processes are installed to detect unauthorised access to a water-side restricted zone.

Item 2 Subregulation 6.90 (2), Identification of ship security zones.

This item inserts a new subregulation 6.90(2) to prescribe the manner in which a port operator for a security regulated port within a ship security zone must give notice of the establishment and boundaries of the zone, specifying certain matters that would be required to be identified.  

Item 3 Regulation 6.95, duties of port operator.

This item inserts a new regulation 6.95 to clarify that, where a ship security zone has been established, it is the duty of the port operator for the security regulated port in that zone to ensure that persons within the security regulated port, or its vicinity, are informed that access to the zone is prohibited and an offence under the Regulations.  It is also the port operator’s responsibility to monitor access to any ship security zone within the port and ensure that appropriate procedures are installed to control access to ship security zones and deter unauthorised access to those zones.

Item 4  Paragraph 7.25(3)(l)

This item provides that a semi-colon and an “and” replace the full stop at the end of the paragraph to provide for the addition of new paragraphs, (m) and (n), to subregulation 7.25(3).

Item 5 Paragraph 7.25(3)(m)(n)

This item inserts two new paragraphs 7.25(3)(m) and (n)  after paragraph 7.25(3)(l) to provide that persons appointed by a court to be a Marshal, or otherwise authorised to act as a Marshal, when exercising the powers or functions of a Marshal under the Admiralty Rules 1988, may pass through a screening point or board a security regulated passenger ship or enter a cleared zone or board a cleared vessel when a maritime security level 1 is in force for the relevant port.

Item 6  Division 7.3

This item substitutes a new Division 7.3 to provide for the addition of officers of organisations associated with animal welfare, quarantine officers and veterinarians, as well as on duty licensed security guards, as persons authorised to carry or possess a weapon or prohibited item in a maritime security zone, when passing through a screening point or on board a regulated Australian ship. 

 

Regulation 7.39, definition

This item inserts a new regulation 7.39 in Division 7.3 to provide for a definition of the term “licensed security guard”.  This would clarify, for instance, that a person licensed as a security guard in a specific State or Territory, and currently on duty, is authorised to possess a weapon or prohibited item when in a maritime security zone, passing through a screening point or on board a regulated Australian ship.

 

Regulation 7.40

This item amends regulation 7.40 to provide for the addition of officers of organisations associated with the promotion of the welfare of animals, quarantine officers, departmental officers employed for the purpose of eradication of pests and licensed security guards as persons authorised to carry or possess a weapon or prohibited item in a maritime security zone.

 

Regulation 7.45

This item amends regulation 7.45 to provide for the addition of officers of organisations associated with the promotion of the welfare of animals, quarantine officers, departmental officers employed for the purpose of eradication of pests and licensed security guards as persons authorised to carry or possess a weapon or prohibited item when passing through a screening point.

 

Regulation 7.50

This item amends regulation 7.50 to provide for the addition of officers of organisations associated with the promotion of the welfare of animals, quarantine officers, departmental officers employed for the purpose of eradication of pests and licensed security guards as persons authorised to carry or possess a weapon or prohibited item on board a regulated Australian ship.

 


Regulation 7.55, exemption

This item inserts a new regulation 7.55 to provide that a person would not be authorised to carry a weapon or prohibited item, under regulations 7.40 and 7.45 and 7.50, where the carriage or possession would be prohibited by State / Territory legislation or other relevant Commonwealth legislation, and the person does not have the required licence, permit or authorisation.   

Item 7  Regulation 8.20A

This item inserts a new regulation 8.20A to prescribe the criteria for persons (other than Departmental officers or law enforcement officers) to be appointed by the Secretary of the Department as a maritime security inspector.

 

Overview

The Maritime Transport Security Act 2003 was enacted to safeguard against unlawful interference with maritime transport by establishing a comprehensive regulatory framework centred around the development of security plans for ships and other maritime transport operations. The Act was introduced to address the need for stringent security measures in maritime transport, in response to global concerns about maritime security and terrorism. The Act was passed by the Australian Parliament and commenced on 1 July 2004. The Maritime Transport Security Amendment Regulations 2005 (No. 1) were subsequently introduced to clarify areas of uncertainty and operational inconsistencies arising from the implementation of the Act. These amendments were made under the authority of the Minister for Transport and Regional Services, aiming to enhance the effectiveness and clarity of the maritime security regime. The policy objective of these amendments was to ensure that the maritime security framework operates smoothly and efficiently, addressing practical challenges that have emerged in its application.

Scope and Application

The Maritime Transport Security Act 2003 aims to safeguard against unlawful interference with maritime transport by establishing a regulatory framework centred around the development of security plans for ships and other maritime transport operations. This Act applies to persons and entities involved in maritime transport, including ship operators, port authorities, and individuals or entities within designated maritime security zones. The Act's jurisdiction extends throughout Australia, including all Commonwealth, state, territory, and national waters. The Act does not specify any exclusions, exemptions, or thresholds, but the scope of its application can be expanded or restricted through subordinate regulations. The Maritime Transport Security Amendment Regulations 2005 (No. 1) provide further clarity on the application and enforcement of the Act by addressing operational inconsistencies and areas of uncertainty since the implementation of the maritime security regime. These regulations include provisions for the appointment of maritime security inspectors, the addition of specific authorised personnel, and the clarification of port operators' duties concerning ship security zones. The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments, and they are a legislative instrument for the purpose of the Legislative Instruments Act 2003.

Key Provisions

The Maritime Transport Security Amendment Regulations 2005 (No. 1) amend the Maritime Transport Security Regulations 2003 and bring forth several key provisions. Regulation 6.70 (Item 1) specifies that port operators must give notice of the establishment and boundaries of ship security zones, and inform persons within the port or in its vicinity of these zones. This includes specifying certain matters that need to be identified (Item 2). Regulation 6.95 (Item 3) further mandates that port operators must ensure persons within or near the port are informed that access to these zones is prohibited and constitutes an offence. Moreover, they must monitor access to ship security zones and install appropriate procedures to control and deter unauthorised access. Regulation 7.25 (Items 4 and 5) allows persons appointed by a court as Admiralty Marshals, or those authorised to exercise the powers or perform the duties of a Marshal under the Admiralty Rules 1988, to pass through a screening point or board a security-regulated passenger ship when a maritime security level 1 is in force. These regulations impose several obligations on the parties involved. Port operators are mandated to notify and inform relevant persons of ship security zones, ensuring clarity and awareness of these zones (Regulation 6.70 and 6.95). They must also install and monitor security measures to control access and deter unauthorised entry (Regulation 6.95). Furthermore, certain authorised persons, such as officers of organisations associated with the promotion of animal welfare, quarantine officers, and licensed security guards, are permitted to carry or possess weapons or prohibited items in maritime security zones, when passing through a screening point, or on board a regulated Australian ship (Regulations 7.40, 7.45, and 7.50). The Maritime Transport Security Amendment Regulations 2005 (No. 1) establish consequences for non-compliance with the Act and its regulations. While specific offences and penalties are not explicitly stated in the explanatory statement, the Act generally provides for penalties for breaches of its requirements. Such breaches can result in civil or criminal sanctions, including fines and imprisonment, depending on the severity of the offence. The exact penalties are outlined in the Maritime Transport Security Act 2003, but the potential for significant consequences underscores the importance of adhering to the regulations.

Legal classification tags

Area of Law
Maritime Law
Instrument
Regulation
Concepts
Commencement Provisions
Regulatory Standards
Enforcement Powers
Prohibited Conduct

Interactions

Authorises

All Versions

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.