MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY REGULATIONS 2003
- made under the Maritime Transport and Offshore Facilities Security Act 2003
Table of Provisions
PART 1--PRELIMINARY
- 1.01 Name of Regulations
- 1.03 Interpretation
- 1.04 Purposes of these Regulations
1.05. Operators prescribed as maritime industry participants
- 1.06 Offshore service providers (Act s 10)
- 1.10 Company security officers
- 1.15 Ship security officers
- 1.20 Port security officers
- 1.25 Port facility security officers
- 1.32 Head security officer
- 1.33 Offshore facility security officers
- 1.34 Offshore service provider security officers
- 1.35 Delegation by security officers
- 1.40 Shore - based personnel and crew
- 1.45 Declarations of security
- 1.50 Security plan audits and reviews
- 1.55 Ship security records--regulated Australian ships
- 1.56 Ship security records--regulated foreign ships
- 1.60 Prohibited items
- 1.65 Weapon
- 1.70 Water - side restricted zone
- 1.72 Prescribed kinds of regulated Australian ships
- 1.75 What are not regulated Australian ships
- 1.80 What are not regulated foreign ships
PART 2--MARITIME--SECURITY LEVELS AND SECURITY DIRECTIONS
Division 2.1--Preliminary
Division 2.2--Maritime security levels
- 2.25 Notifying maritime security level 2 and 3 declarations and revocations (Act s 32)
Division 2.3--Security directions
- 2.30 Requirement for consultation
- 2.35 Giving and communicating security directions (Act s 33(5))
PART 3--MARITIME--SECURITY PLANS
Division 3.1--Preliminary
- 3.05 Common requirements for security assessments
- 3.10 Common requirements for security plan audits and reviews
- 3.11 Common requirements for maps included with maritime security plans
- 3.12 Protection of maritime security plans
- 3.15 Port operator to give information
- 3.20 Port facility operator to give information
Division 3.2--Port operators
- 3.30 General
- 3.35 Port operator details
- 3.40 Security assessments
- 3.45 Port security officer qualifications and responsibilities
- 3.50 Other personnel with security role
- 3.55 Matters that must be in plan
- 3.60 Consultation and communication
- 3.65 Maritime security level 1
- 3.70 Maritime security levels 2 and 3
- 3.75 Declarations of security
- 3.77 Land - side restricted zones
- 3.80 Water - side restricted zones
- 3.85 Ship security zones
Division 3.3--Port facility operators
- 3.100 Port facility operator details
- 3.105 Details of PSO of security regulated ports
- 3.106 Obligation to keep information current
- 3.110 Security assessments
- 3.115 PFSO qualifications and responsibilities
- 3.120 Other personnel with security role
- 3.125 Matters that must be in plan
- 3.130 Consultation
- 3.135 Maritime security level 1
- 3.140 Maritime security levels 2 and 3
- 3.145 Declarations of security
- 3.150 Land - side restricted zones
- 3.155 Cleared zones
- 3.160 Passenger ships
PART 4--SHIP--SECURITY PLANS AND ISSCS
Division 4.1--Preliminary
Division 4.2--Matters to be dealt with in ship security plan
- 4.20 Identification of ship
- 4.25 Security assessments
- 4.30 Ship operator, CSO and SSO
- 4.31 Obligation to keep information current
- 4.35 Shore - based personnel and crew with security role
- 4.40 Training
- 4.45 Matters that must be in plan
- 4.50 Maritime security level 1
- 4.55 Maritime security levels 2 and 3
- 4.60 Declarations of security
- 4.65 On - board security zones
- 4.70 Security of ship in non - ISPS Code compliant ports
- 4.75 Security of ship in exceptional circumstances
- 4.80 Pre - entry information
- 4.85 Maritime transport or offshore facility security incidents
- 4.90 Security equipment
- 4.95 On - board systems
- 4.100 Ship security records
- 4.105 Security plan audits and reviews
Division 4.3--Form of ship security plan
- 4.110 Statement about authority of master
- 4.115 Protection of plan
Division 4.4--Ship security plans--exemptions, approvals, revisions and cancellations
- 4.120 Application for exemption--prescribed requirements
- 4.125 Matters the Secretary must consider
Division 4.5--International ship security certificates
- 4.140 Applications for ISSC
- 4.145 Inspections by authorised persons
- 4.150 Application for exemption--prescribed requirements
- 4.155 Matters the Secretary must consider
PART 5--REGULATED--FOREIGN SHIPS
Division 5.1--Obligations
- 5.10 Pre - arrival information
Division 5.2--Control directions
- 5.20 Requirement for consultation
- 5.25 Giving control directions (Act s 99(7))
PART 5A--OFFSHORE--SECURITY PLANS
Division 5A.1--Preliminary
- 5A.05 Common requirements for security assessments
- 5A.10 Common requirements for security plan audits and reviews
- 5A.15 Offshore facility operator to give information
- 5A.20 Offshore service provider to give information
Division 5A.2--Offshore facility operators
Subdivision 5A.2.1--Matters to be dealt with in plan
- 5A.25 Offshore security plans (Act s 100H)
- 5A.30 Offshore facility operator details
- 5A.35 Details of offshore service providers
- 5A.40 Obligation to keep information current
- 5A.45 Security assessments
- 5A.50 OFSO qualifications and responsibilities
- 5A.55 Other personnel with security role
- 5A.60 Matters that must be in plan
- 5A.65 Consultation
- 5A.70 Maritime security level 1
- 5A.75 Maritime security levels 2 and 3
- 5A.80 Declarations of security
- 5A.85 Offshore facility zone
- 5A.90 Offshore water - side zone
- 5A.92 Ship security zones
Subdivision 5A.2.2--Form of plan
- 5A.95 Requirements for plans (Act s 100I)
- 5A.100 Information for offshore security plans
- 5A.105 Protection of plan
Division 5A.3--Offshore service providers
Subdivision 5A.3.1--Preliminary
- 5A.110 Service providers to have offshore security plans (Act s 100B)
Subdivision 5A.3.2--Matters to be dealt with in plan
- 5A.115 Offshore security plans (Act s 100H)
- 5A.120 Offshore service provider details
- 5A.125 Details of other offshore industry participants
- 5A.130 Obligation to keep information current
- 5A.135 Security assessments
- 5A.140 OSPSO qualifications and responsibilities
- 5A.145 Other personnel with security role
- 5A.150 Matters that must be in plan
- 5A.155 Consultation
- 5A.160 Maritime security level 1
- 5A.165 Maritime security levels 2 and 3
- 5A.170 Declarations of security
- 5A.175 Protection of plan
PART 6--MARITIME--SECURITY ZONES
Division 6.1--Preliminary
- 6.05 Access not to be denied
Division 6.1A--Control of maritime security zones
Subdivision 6.1A.1--Preliminary
- 6.07A Purpose of Division 6.1A
- 6.07B Definitions for Division 6.1A
- 6.07D Meaning of valid blue MSIC or valid temporary MSIC
- 6.07E Meaning of properly displaying
- 6.07F Meaning of operational need
- 6.07H Authentication of certain foreign documents
- 6.07HA Identification documents not in English must be translated
Subdivision 6.1A.2--Display of MSICs
- 6.07I Definitions for Subdivision 6.1A.2
- 6.07J Requirement to display MSIC in maritime security zones
- 6.07K Person given disqualifying notice not to enter maritime security zone
- 6.07L Offence--failure to properly escort visitor
- 6.07M Persons exempted by Secretary from requirement to hold, carry or display MSIC
- 6.07N Access by emergency personnel
Subdivision 6.1A.3--MSIC issuing bodies
- 6.07P Comptroller - General of Customs to be issuing body
- 6.07Q What an MSIC plan is
- 6.07R Issuing body to give effect to MSIC plan
- 6.07S Direction to vary MSIC plan
- 6.07T Variation of MSIC plan by issuing body
- 6.07U Inspection of issuing bodies' MSIC plan and records
- 6.07V Issuing bodies' staff
- 6.07W Revocation of authorisation for cause
- 6.07X Secretary's discretion to revoke authorisation
- 6.07Y Application by issuing body for revocation of authorisation
- 6.07ZA Responsibility for MSICs, applications and records if body ceases to be an issuing body
- 6.07ZB Transitional issuing bodies
Subdivision 6.1A.4--MSICs: issue, expiry, suspension and cancellation
- 6.08B MSICs--application
- 6.08BA Application for background check
- 6.08BB Requirements for verifying identity
- 6.08BC Alternative requirements for verifying identity
- 6.08C MSICs--issue
- 6.08CA AusCheck facility to be used when issuing MSIC
- 6.08D Issue of disqualifying notice
- 6.08E Issue of MSICs to ASIC holders
- 6.08F MSICs--application to Secretary if person has adverse criminal record
- 6.08H Persons the subject of qualified security assessments
- 6.08HA Provision of information to Secretary AGD
- 6.08I MSICs--period of issue and expiry
- 6.08J Form of blue MSICs and white MSICs
- 6.08JA Issuing body to be given copy of approved form of MSIC
- 6.08JB Issuing body may disclose details of approved form to other persons
- 6.08K Temporary MSICs
- 6.08KA Form of temporary MSICs
- 6.08L Issue of replacement MSICs
- 6.08LA Special arrangements for persons with visa extensions
- 6.08LB Obligation of applicants for, and holders of, MSICs--conviction of maritime - security - relevant offence
- 6.08LBA Obligation on issuing body notified under regulation 6.08LB
- 6.08LC Application by Secretary for background check on applicant for, or holder of, MSIC
- 6.08LCA Obligation of applicants for, and holders of, MSICs--change of name
- 6.08LD Obligation of MSIC holders issued with cards for more than 2 years--change of address
- 6.08LDA Obligation of issuing bodies--notification of change of address
- 6.08LE Suspension of MSICs--Secretary's direction
- 6.08LF Suspension of MSICs by issuing body
- 6.08LG Period of suspension of MSIC
- 6.08LH Suspension of temporary MSIC
- 6.08LI Report to Secretary of suspension of MSIC
- 6.08M Cancellation of MSICs
- 6.08MA Reinstatement of cancelled MSIC--application
- 6.08MB Reinstatement of MSIC cancelled for qualified security assessment--Secretary's decision
- 6.08MC Reinstatement of MSIC cancelled for adverse criminal record--Secretary's decision
- 6.08MD Reinstatement of MSIC subject to condition
- 6.08N Cancellation of MSICs at holder's request
- 6.08O Report to Secretary of cancellation of MSIC
- 6.08P Return of blue MSICs that have expired etc.
- 6.08Q Holder no longer needing blue MSIC
- 6.08R Notification of lost, stolen and destroyed blue MSICs
Subdivision 6.1A.5--Powers of security officers in relation to MSICs and temporary MSICs
- 6.08S Directions to show valid MSICs, temporary MSICs or other identification
Subdivision 6.1A.6--Record-keeping
- 6.08T Register of MSICs
- 6.08U Other records of issuing bodies
- 6.08V Annual reporting
Subdivision 6.1A.7--Review of decisions
- 6.08W Definitions
- 6.08X Reconsideration of decisions in relation to MSICs and related matters
- 6.08Y If Secretary makes no decision
- 6.08Z AAT review of Secretary's decisions
Subdivision 6.1A.8--Miscellaneous
- 6.09A Recovery of costs and expenses (Act ss 105, 109, 113 and 113D)
Division 6.2--Port security zones
Subdivision 6.2.1--General
- 6.20 Types of port security zones
- 6.25 Security barriers
Subdivision 6.2.2--Land-side restricted zones
- 6.30 Identification of zones
- 6.33 Duties of port operator
- 6.35 Duties of port facility operator
- 6.45 Offences--unauthorised entry
Subdivision 6.2.3--Cleared zones
- 6.50 Duties of port facility operator
- 6.55 Identification of zones
- 6.60 Offences--unauthorised entry
Subdivision 6.2.4--Water-side restricted zones
- 6.65 Identification of zones
- 6.70 Duties of port operator
- 6.75 Offences--unauthorised entry
Division 6.3--Ship security zones
- 6.80 Exclusion zones
- 6.85 Declaration of operation of zone
- 6.90 Identification of zones
- 6.95 Duties of port operator
- 6.96 Duties of offshore facility operator
- 6.100 Offences--unauthorised entry into ship security zone
Division 6.4--On-board security zones
- 6.105 On - board restricted areas
- 6.110 Identification of zones
- 6.115 Duties of ship operators
- 6.120 Offences--unauthorised entry
Division 6.5--Offshore security zones
Subdivision 6.5.1--Preliminary
- 6.125 Types of offshore security zones (Act s 113B)
Subdivision 6.5.2--Offshore facility zones
- 6.130 Identification of zones
- 6.135 Duties of offshore facility operator
- 6.140 Offences--unauthorised entry
Subdivision 6.5.3--Offshore water-side zones
- 6.145 Identification of zones
- 6.150 Duties of offshore facility operator
- 6.155 Offences--unauthorised entry
PART 7--OTHER--SECURITY MEASURES
Division 7.1--Preliminary
- 7.05 Access not to be denied
Division 7.2--Screening and clearing
- 7.20 Duties of port facility operator
- 7.25 Persons who need not be screened
- 7.27 Goods that need not be screened
- 7.28 Vehicles that need not be screened
- 7.29 Vessels that need not be screened
- 7.30 Methods, techniques and equipment to be used for screening--Secretary's notice
- 7.31 Equipment to be used for screening--no notice
- 7.33 Notice to be displayed at screening points
- 7.34 Supervision and control measures to ensure persons and baggage remain cleared
- 7.35 Offences--screening and clearing
Division 7.3--Weapons and prohibited items
- 7.39 Definition of licensed security guard for Division 7.3
- 7.40 Persons authorised to possess weapons or prohibited items in maritime security zones
- 7.45 Authorised possession of weapons or prohibited items when passing through screening points
- 7.50 Authorised carriage or possession of weapons or prohibited items on board regulated Australian ships
- 7.55 Authorisation subject to compliance with other laws
PART 8--POWERS--OF OFFICIALS
Division 8.1--Preliminary
Division 8.2--Maritime security inspectors
- 8.20A Maritime security inspectors--criteria for appointment
- 8.20 Identity cards (Act s 137(2))
Division 8.2A--Security assessment inspectors
- 8.25 Security assessment inspectors--criteria for appointment
Division 8.3--Duly authorised officers
Division 8.4--Law enforcement officers
- 8.40 Customs officers who are law enforcement officers
Division 8.5--Maritime security guards
Subdivision 8.5.1--Maritime security guards--general
- 8.50 Training and qualifications
- 8.55 Identity cards (Act s 162(2)(b))
Subdivision 8.5.2--Removal and disposal of vehicles and vessels from zones
- 8.57 Disposal of removed vehicles (Act s 163D)
- 8.58 Disposal of removed vessels (Act s 163E)
PART 9--REPORTING--MARITIME TRANSPORT OR OFFSHORE FACILITY SECURITY INCIDENTS
PART 10--INFORMATION---GATHERING
PART 11--ENFORCEMENT
Division 11.2--Infringement notices
- 11.05 Purpose and effect of Division
- 11.10 Definition for Division-- authorised person
- 11.15 Amount of penalty if infringement notice issued
- 11.20 Authorised persons may issue infringement notices
- 11.25 Contents of infringement notice
- 11.30 Service of infringement notices
- 11.35 Time for payment of penalty
- 11.40 Extension of time to pay penalty
- 11.45 Payment of penalty
- 11.50 Effect of payment of penalty
- 11.55 Withdrawal of infringement notice
- 11.60 Notice of withdrawal of infringement notices
- 11.65 Refund of penalty etc if infringement notice withdrawn
- 11.70 Evidence of certain matters in relation to infringement notices
- 11.75 Effect of certain admissions
- 11.80 Matter not to be taken into account in determining sentence
Division 11.6--Demerit points system
- 11.300 Purpose of Division
- 11.305 Accrual of demerit points by maritime industry participants
- 11.310 Accumulation of demerit points in respect of ships
- 11.315 Expiry of demerit points
- 11.320 Demerit points--maritime security plans
- 11.325 Demerit points--ship security plans
- 11.330 Demerit points--offshore security plans
- 11.335 Register of demerit points
PART 12--REVIEW--OF DECISIONS
PART 13--MISCELLANEOUS
- 13.05 Ship security alert systems
PART 14--TRANSITIONAL--ARRANGEMENTS
- 14.01 Operation of Schedule 2