Commonwealth Consolidated Acts

MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 22

             (1)  The Secretary may, by writing, declare that maritime security level 2 or maritime security level 3 is in force for one or more of the following as specified in the declaration:

                     (a)  a security regulated port;

                     (b)  a regulated Australian ship;

                    (ba)  a security regulated offshore facility;

                     (c)  an area within a security regulated port;

                     (d)  a maritime industry participant;

                     (e)  operations conducted by a maritime industry participant within, or in connection with, a security regulated port or a security regulated offshore facility.

             (2)  The Secretary may also, by writing, declare that maritime security level 2 or maritime security level 3 is in force for a regulated foreign ship.

             (3)  However, the Secretary must not make a declaration under subsection (1) or (2) unless it is appropriate for a higher level of security to be put into place for the port, ship, facility, area or participant concerned because a heightened risk to maritime transport or offshore facilities has been identified.

             (4)  If:

                     (a)  a foreign ship regulated as an offshore facility is registered in another country (the flag state ); and

                     (b)  the ship is directed by the flag state to implement a higher level of security than would otherwise apply under this Division;

then:

                     (c)  that higher security level is taken to have been declared by the Secretary under subsection (1) to be in force for the ship; and

                     (d)  the declaration is taken to have been made on the day on which the direction is given; and

                     (e)  that higher security level is in force for the ship until it ceases to be in force under the law of the flag state; and

                      (f)  if the ship is part of a security regulated offshore facility--the security level of the remainder of the facility is not affected.

Note:          Maritime security plans, ship security plans and offshore security plans (see Parts 3, 4 and 5A) will set out security activities and measures to be undertaken or implemented when different maritime security levels are in force.

             (5)  A declaration under subsection (1) that a maritime security level is in force for a regulated Australian ship may specify that the level is only in force for the ship while it is in specified waters.