MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003

Table of Provisions

• Long Title

PART 1--PRELIMINARY

Division 1--Short title and commencement

• 1 Short title  
• 2 Commencement  

Division 2--Purpose and simplified overview of this Act

• 3 Purpose of this Act  
• 4 Simplified overview of this Act  

Division 3--Application

• 5 Extension to Territories  
• 6 Geographical jurisdiction  
• 7 Act to bind Crown  
• 8 Operation of State and Territory laws  
• 9 Act not to apply to state ships etc.  

Division 4--Definitions

• 10 Definitions  

Division 5--Unlawful interference with maritime transport or offshore facilities

• 11 Meaning of unlawful interference with maritime transport or offshore facilities  

Division 6--Security regulated ports and port operators

• 12 Meaning of port  
• 13 Security regulated ports  
• 14 Port operators  

Division 7--Security regulated ships

• 15 Meaning of security regulated ship  
• 16 Meaning of regulated Australian ship  
• 17 Meaning of regulated foreign ship  

Division 7A--Security regulated offshore facilities and offshore facility operators

• 17A Meaning of offshore facility  
• 17B Security regulated offshore facilities  
• 17C Offshore facility operators  

Division 7B--Offences and enforcement action in relation to non-regulated foreign ships

• 17D Persons travelling on non - regulated foreign ships  
• 17E Enforcement action against non - regulated ships  

Division 8--General defences

• 18 General defences  

Division 9--Communicating with ship operators

• 19 Communicating with ship operators  

PART 2--MARITIME--SECURITY LEVELS AND SECURITY DIRECTIONS

Division 1--Simplified overview of Part

• 20 Simplified overview of Part  

Division 2--Maritime security levels 1, 2 and 3

• 21 Default security level--maritime security level 1  
• 22 Secretary may declare maritime security level 2 or 3  
• 23 When a maritime security level is in force  
• 24 Maritime security level declaration for a port covers all port operations  
• 24A Maritime security level declaration for an offshore facility covers ships and operations in the vicinity  
• 25 Security levels and complying with plans  
• 26 Maritime security level 1, 2 or 3 applies with security directions  

Division 3--Notifying maritime security level 2 and 3 declarations and revocations

• 27 Notifying declarations covering security regulated ports  
• 28 Notifying declarations covering security regulated ships  
• 28A Notifying declarations covering security regulated offshore facilities  
• 29 Notifying declarations covering areas within security regulated ports  
• 30 Notifying declarations covering maritime industry participants  
• 31 Notifying revocations  
• 32 Requirements for giving notice  

Division 4--Security directions

• 33 Secretary may give security directions  
• 34 Confidentiality requirements  
• 35 Persons to whom security directions may be given  
• 36 Secretary may give security directions to security regulated ships  
• 36A Secretary may give security directions to ships regulated as offshore facilities  
• 37 When a security direction is in force  
• 38 Revoking security directions  
• 39 Failure to comply with security directions  
• 40 Failure to comply with confidentiality requirements  

PART 3--MARITIME--SECURITY PLANS

Division 1--Simplified overview of Part

• 41 Simplified overview of Part  

Division 2--Maritime industry participants required to have maritime security plans

• 42 Who must have maritime security plans  
• 43 Offence--operating without a maritime security plan  
• 44 Offence--failing to comply with maritime security plan  

Division 3--Complying with other plans

• 45 Complying with maritime security plans of other participants  
• 46 Australian regulated ships must not hinder or obstruct compliance with maritime security plans  

Division 4--Content and form of maritime security plans

• 47 Content of maritime security plans  
• 48 Prescribed content for maritime security plans  
• 49 Form of maritime security plans  

Division 5--Approving, varying, revising and cancelling maritime security plans

• 50 Providing maritime security plans for approval  
• 51 Approval of maritime security plans  
• 52 When a maritime security plan is in force  
• 52A Participants may submit variations to maritime security plans  
• 53 Secretary may direct variations of maritime security plans  
• 54 Participants may revise maritime security plans  
• 55 Secretary may direct participants to revise maritime security plans  
• 57 Cancelling inadequate maritime security plans  
• 58 Cancelling for failure to comply with maritime security plans  
• 59 Cancelling maritime security plans on request  

PART 4--SHIP--SECURITY PLANS AND ISSCS FOR REGULATED AUSTRALIAN SHIPS

Division 1--Simplified overview of Part

• 60 Simplified overview of Part  

Division 2--Ships required to have ship security plans

• 61 Which ships must have ship security plans  
• 61A Exemptions  
• 62 Offence--operating without a ship security plan  
• 63 Offence--failing to comply with ship security plan  

Division 3--Complying with other plans

• 64 Complying with ship security plans of other ships  
• 65 Maritime industry participants must not hinder or obstruct compliance with ship security plans  

Division 4--Content and form of ship security plans

• 66 Content of ship security plans  
• 67 Prescribed content for ship security plans  
• 68 Form of ship security plans  

Division 5--Approving, varying, revising and cancelling ship security plans

• 69 Providing ship security plans for approval  
• 70 Approval of ship security plans  
• 71 When a ship security plan is in force  
• 71A Ship operator may submit variations to ship security plans  
• 72 Secretary may direct variations of ship security plans  
• 73 Ship operator may revise ship security plan  
• 74 Secretary may direct operator to revise ship security plan  
• 76 Cancelling inadequate ship security plans  
• 77 Cancelling for failure to comply with ship security plan  
• 78 Cancelling ship security plans on request  

Division 6--International ship security certificates

• 79 Regulated Australian ship to have ISSC  
• 79A Exemptions  
• 80 Offence--operating without an ISSC  
• 81 Applying for an ISSC  
• 82 Conditions for giving an ISSC  
• 83 ISSC verification  
• 84 When an ISSC is in force  
• 85 Cancelling ISSCs  
• 86 Interim ISSCs  
• 87 Offence--false or misleading statements in relation to having an ISSC  

Division 7--Recognised security organisations

• 88 Secretary may delegate powers and functions under this Part  
• 89 Recognised security organisations may conduct ISSC inspections  

PART 5--REGULATED--FOREIGN SHIPS

Division 1--Simplified overview of Part

• 90 Simplified overview of Part  

Division 2--Obligations on regulated foreign ships

• 91 Regulated foreign ships must have ISSCs  
• 92 Regulated foreign ships must provide pre - arrival information  
• 93 Regulated foreign ships must allow inspections etc.  
• 94 Regulated foreign ships must comply with security levels  
• 95 Meaning of ISPS level 1, 2 and 3 measures  
• 96 Regulated foreign ships must comply with security directions  
• 97 Complying with maritime, ship and offshore security plans  
• 98 Acknowledging level notifications and directions  

Division 3--Control directions

• 99 Secretary may give control directions  
• 100 Enforcing control directions  

PART 5A--OFFSHORE--SECURITY PLANS

Division 1--Simplified overview of Part

• 100A Simplified overview of Part  

Division 2--Offshore industry participants required to have offshore security plans

• 100B Who must have offshore security plans  
• 100C Offence--operating without an offshore security plan  
• 100D Offence--failing to comply with offshore security plan  

Division 3--Complying with other plans

• 100E Complying with offshore security plans of offshore industry participants  
• 100F Regulated Australian ships must not hinder or obstruct compliance with offshore security plans  

Division 4--Content and form of offshore security plans

• 100G Content of offshore security plans  
• 100H Prescribed content for offshore security plans  
• 100I Form of offshore security plans  

Division 5--Approving, varying, revising and cancelling offshore security plans

• 100J Providing offshore security plans for approval  
• 100K Approval of offshore security plans  
• 100L When an offshore security plan is in force  
• 100LA Offshore industry participant may submit variations to offshore security plans  
• 100M Secretary may direct variations of offshore security plans  
• 100N Participants may revise offshore security plans  
• 100O Secretary may direct participants to revise offshore security plans  
• 100Q Cancelling inadequate offshore security plans  
• 100R Cancelling for failure to comply with offshore security plans  
• 100S Cancelling offshore security plans where facility moved  
• 100T Cancelling offshore security plans on request  

PART 5B--ISSC--FOR AN AUSTRALIAN SHIP REGULATED AS AN OFFSHORE FACILITY

Division 1--Simplified overview of Part

• 100U Simplified overview of Part  

Division 2--ISSC obligations

• 100V Australian ship regulated as an offshore facility to have ISSC  
• 100W Offence--operating without an ISSC  
• 100X Applying for an ISSC  
• 100Y Conditions for giving an ISSC  
• 100Z ISSC verification  
• 100ZA When an ISSC is in force  
• 100ZB Cancelling ISSCs  
• 100ZC Interim ISSCs  
• 100ZD Offence--false or misleading statements in relation to having an ISSC  

Division 3--Recognised security organisations

• 100ZE Secretary may delegate powers and functions under this Part  
• 100ZF Recognised security organisations may conduct ISSC inspections  

PART 5C--FOREIGN--SHIPS REGULATED AS OFFSHORE FACILITIES

Division 1--Simplified overview of Part

• 100ZG Simplified overview of Part  

Division 2--Obligations on regulated foreign ships

• 100ZH Foreign ship regulated as an offshore facility to have ISSC  
• 100ZI Foreign ship regulated as an offshore facility must provide pre - arrival information  
• 100ZJ Foreign ship regulated as an offshore facility must allow inspections etc.  
• 100ZK Foreign ship regulated as an offshore facility must comply with security directions  
• 100ZL Acknowledging level notifications and directions  

Division 3--Control directions

• 100ZM Secretary may give control directions  
• 100ZN Enforcing control directions  

PART 6--MARITIME--SECURITY ZONES

Division 1--Simplified overview of Part

• 101 Simplified overview of Part  

Division 2--Port security zones

• 102 Establishing port security zones  
• 103 Types of port security zones  
• 104 Matters to be considered in establishing port security zones  
• 105 Requirements for port security zones  

Division 3--Ship security zones

• 106 Declaring ship security zones  
• 107 Types of ship security zones  
• 108 Matters to be considered in declaring ship security zones  
• 109 Requirements for ship security zones  

Division 4--On-board security zones

• 110 Establishing on - board security zones  
• 111 Types of on - board security zones  
• 112 Matters to be considered in establishing on - board security zones  
• 113 Requirements for on - board security zones  

Division 5--Offshore security zones

• 113A Establishing offshore security zones  
• 113B Types of offshore security zones  
• 113C Matters to be considered in establishing offshore security zones  
• 113D Requirements for offshore security zones  

Division 6--Serious crime

• 113E Purpose of this Division  
• 113F Requirements relating to access to zones  

PART 7--OTHER--SECURITY MEASURES

Division 1--Simplified overview of Part

• 114 Simplified overview of Part  

Division 2--Screening and clearing

• 115 Screening and clearing people  
• 116 Screening and clearing goods  
• 117 Screening and clearing vehicles  
• 118 Screening and clearing vessels  
• 119 Requirements for screening and clearing  

Division 3--Weapons

• 120 Weapons in maritime security zones  
• 121 Carrying weapons through a screening point  
• 122 Weapons on board certain ships--strict liability  
• 123 Weapons on board certain ships--general  
• 124 Failure to comply with conditions  
• 125 Secretary may permit by class  
• 126 Other weapons requirements  

Division 4--Prohibited items

• 127 Prohibited items in maritime security zones  
• 128 Carrying prohibited items through a screening point  
• 129 Prohibited items on board certain ships--strict liability  
• 130 Prohibited items on board certain ships--general  
• 131 Failure to comply with conditions  
• 132 Secretary may permit by class  
• 133 Other prohibited items requirements  

PART 8--POWERS--OF OFFICIALS

Division 1--Simplified overview of Part

• 134 Simplified overview of Part  

Division 2--Maritime security inspectors

• 135 Simplified overview of Division  
• 136 Appointment  
• 137 Identity cards  
• 138 Maritime security inspector powers--ISSC verifications  
• 139 Maritime security inspector powers--security regulated ships  
• 140 When powers may be exercised--security regulated ships  
• 140A Maritime security inspector powers--security regulated offshore facilities  
• 140B When powers may be exercised--security regulated offshore facilities  
• 141 Maritime security inspector powers--participants  
• 142 When powers may be exercised--participants  
• 143 Offence--hindering or obstructing a maritime security inspector  
• 144 Inspection warrants--security regulated ships  
• 145 Inspection warrants by telephone, fax etc.--security regulated ships  
• 145A Inspection warrants--security regulated offshore facilities  
• 145B Inspection warrants by telephone, fax etc.--security regulated offshore facilities  

Division 2A--Security assessment inspectors

• 145C Simplified overview of Division  
• 145D Appointment  
• 145E Powers of security assessment inspectors  
• 145F When powers may be exercised  
• 145G Offence--hindering or obstructing a security assessment inspector  

Division 3--Duly authorised officers

• 146 Simplified overview of Division  
• 147 Secretary may appoint duly authorised officers  
• 148 Duly authorised officer powers--operational areas of security regulated ships  
• 148A Duly authorised officer powers--operational areas of security regulated offshore facilities  
• 149 Offence--hindering or obstructing a duly authorised officer  

Division 4--Law enforcement officers

• 150 Simplified overview of Division  
• 151 Law enforcement officers  
• 152 Access to ports by law enforcement officers  
• 152A Access to offshore facilities by law enforcement officers  
• 153 Stopping and searching people  
• 154 Stopping and searching vehicles  
• 155 Stopping and searching vessels  
• 156 Requests to leave ships or zones  
• 157 Removing people from ships or zones  
• 158 Removing vehicles from zones  
• 159 Removing vessels from zones  
• 160 Other law enforcement powers not affected  

Division 5--Maritime security guards

• 161 Simplified overview of Division  
• 162 Maritime security guards  
• 163 Maritime security guards' power to physically restrain persons  
• 163A Maritime security guards' power to request information  
• 163B Requests to leave maritime security zones  
• 163C Maritime security guards' power to remove people from zones  
• 163D Maritime security guards' power to remove vehicles from zones  
• 163E Maritime security guards' power to remove vessels from zones  

Division 6--Screening officers

• 164 Simplified overview of Division  
• 165 Screening officers  
• 165A Requirements relating to screening officers  
• 165B Exemption from requirements relating to screening officers  
• 165C Exercise of powers and performance of screening functions by screening officers  
• 165D Report on number of exemptions  
• 166 Screening powers  
• 166A Screening powers--frisk search as an alternative screening procedure  
• 166B Screening powers--frisk search as an additional screening procedure  
• 166C Screening powers--frisk search general power  
• 167 Screening officers' power to physically restrain persons  

PART 9--REPORTING--MARITIME TRANSPORT OR OFFSHORE FACILITY SECURITY INCIDENTS

Division 1--Simplified overview of Part

• 169 Simplified overview of Part  

Division 2--Meaning of maritime transport or offshore facility security incident

• 170 Meaning of maritime transport or offshore facility security incident  

Division 3--Certain people must report incidents

• 171 Port operators  
• 172 Ship masters  
• 173 Ship operators  
• 174 Port facility operators  
• 174A Offshore facility operators  
• 175 Persons with incident reporting responsibilities  
• 176 Employees  

Division 4--Reporting requirements

• 177 Reporting by port operators  
• 178 Reporting by ship masters  
• 179 Reporting by ship operators  
• 179A Reporting by offshore facility operators  
• 180 Reporting by port facility operators  
• 181 Reporting by persons with incident reporting responsibilities  

Division 5--Form and content of reports

• 182 How reports are to be made  

PART 10--INFORMATION---GATHERING

Division 1--Simplified overview of Part

• 183 Simplified overview of Part  

Division 2--Secretary may require security compliance information

• 184 Secretary may require security compliance information  
• 185 Self - incrimination  

PART 11--ENFORCEMENT

Division 1--Simplified overview of Part

• 186 Simplified overview of Part  

Division 2--Infringement notices

• 187 Infringement notices  

Division 3--Enforcement orders for maritime industry participants

• 188 Simplified overview of Division  
• 189 Secretary may make enforcement orders  
• 190 Commencement and duration of enforcement orders  
• 191 Reviews of enforcement orders  
• 192 Notice of enforcement orders  
• 193 Complying with enforcement orders  

Division 4--Ship enforcement orders for regulated Australian ships

• 194 Simplified overview of Division  
• 195 Ship enforcement orders--regulated Australian ships  
• 196 Enforcing ship enforcement orders  

Division 5--Injunctions

• 197 Injunctions  

Division 6--Demerit points system

• 198 Demerit points system  
• 199 Demerit points--maritime security plans  
• 200 Demerit points--ship security plans  
• 200A Demerit points--offshore security plans  

PART 12--REVIEW--OF DECISIONS

• 201 Review of decisions by Administrative Appeals Tribunal  

PART 13--MISCELLANEOUS

• 202 Delegation  
• 202A Sub - delegation  
• 203 Compensation for damage to electronic equipment  
• 204 Compensation for acquisition of property  
• 205 Compensation for unnecessary delay--paid by the Commonwealth  
• 206 Compensation for inspection and detention--paid by ship operators or other persons  
• 207 Saving of other laws  
• 208 Severability--additional effect of Act  
• 209 Regulations