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MARITIME TRANSPORT SECURITY ACT 2003 No. 131, 2003 - SECT 10 Definitions

MARITIME TRANSPORT SECURITY ACT 2003 No. 131, 2003 - SECT 10

Definitions
In this Act, unless the contrary intention appears:

"acquisition of property" has the same meaning as in paragraph 51(xxxi) of the Constitution.

"ADF member" means a Member within the meaning of the Defence Act 1903 .

"Agency" has the same meaning as in the Public Service Act 1999 .

"AMSA surveyor" means a person appointed under section 190 of the Navigation Act 1912 .

"approved ISSC equivalent" has the meaning given by subsection 91(3).

"Australian ship" has the same meaning as in the Shipping Registration Act 1981 .

"Australian waters" means:

(a) the territorial sea of Australia; and

(b) the waters of the sea on the landward side of the territorial sea of Australia; and

(c) the territorial sea of each external Territory; and

(d) the waters of the sea on the landward side of the territorial sea of each external Territory; and

(e) inland waters prescribed in regulations.

"baggage" means:

(a) possessions of a passenger or crew member:

(i) that are carried, or intended to be carried, on board a ship; and

(ii) to which the passenger or crew member will have general access while on board the ship; and

(b) possessions of a visitor to a ship:

(i) that are taken, or intended to be taken, on board the ship; and

(ii) to which the visitor will have general access while on board the ship.

"cargo" means goods, other than baggage or stores, that are transported, or intended to be transported, by ship.

"cargo ship "includes a tanker.

Note: A cargo ship may also be a passenger ship.

"cleared":

(a) in relation to a person, has the meaning given by subsection 115(3); and

(b) in relation to goods, has the meaning given by subsection 116(3); and

(c) in relation to a vehicle, has the meaning given by subsection 117(3); and

(d) in relation to a vessel, has the meaning given by subsection 118(3).

"cleared area" means an area that, under regulations made under Part 6 or 7, may be entered only by persons who have received clearance.

"confidentiality requirements" has the meaning given by subsection 34(2).

"control direction" has the meaning given by subsection 99(2).

"crew", in relation to a ship, includes any person employed on the ship.

"critical installation" has the meaning given by subsection 103(3).

"customs officer" means an Officer within the meaning of the Customs Act 1901 .

"damage", in relation to data, includes damage by erasure of data or addition of other data.

"declaration of security "means an agreement reached between a ship and another party (a ship or person), that identifies the security activities or measures that each party will undertake or implement in specified circumstances.

"duly authorised officer" means a person appointed under section 147.

"employee", in relation to a maritime industry participant, means an individual:

(a) employed by the maritime industry participant; or

(b) engaged under a contract for services between the individual and the maritime industry participant.

"enforcement order" means an order made under section 189.

"engage in conduct" has the same meaning as in the Criminal Code .

"Federal Court "means the Federal Court of Australia.

"foreign ship" means a ship that is not an Australian ship.

"frisk search" has the same meaning as in the Crimes Act 1914 .

"immigration officer" means an officer within the meaning of the Migration Act 1958 .

"inland waters "means waters within Australia other than waters of the sea.

"interim ISSC" means an interim ISSC given under section 86.

"inter-State voyage" has the same meaning as in the Navigation Act 1912.

"ISPS Code "means the International Ship and Port Facility Security

(ISPS)
Code (as amended from time to time) as mentioned in Chapter XI-2 of the SOLAS Convention.

ISPS level 1 measures has the meaning given by subsection 95(1).

ISPS level 2 measures has the meaning given by subsection 95(2).

ISPS level 3 measures has the meaning given by subsection 95(3).

"ISSC "means an international ship security certificate within the meaning of the ISPS Code.

"ISSC verified" has the meaning given by subsections 83(1) and (3).

"just terms" has the same meaning as in paragraph 51(xxxi) of the Constitution.

"law enforcement officer" has the meaning given by section 151.

"maritime industry participant" means:

(a) a port operator; or

(b) a port facility operator; or

(c) the ship operator for a regulated Australian ship; or

(d) the ship operator for a regulated foreign ship; or

(e) a person (other than a maritime security inspector or a duly authorised officer) appointed by the Secretary under this Act to perform a maritime transport security function; or

(f) a contractor who provides services to a person mentioned in paragraphs (a) to (d); or

(g) a person who:

(i) conducts a maritime-related enterprise; and

(ii) is prescribed in the regulations.

Note: Neither the Australian Defence Force nor the Australian Customs Service can be a maritime industry participant. The regulations may also exclude other Commonwealth Agencies from being maritime industry participants: see subsection 9(2).

"maritime security guard" has the meaning given by subsection 162(1).

"maritime security inspector" means a person appointed under subsection 136(1).

"maritime security level" means:

(a) maritime security level 1; or

(b) maritime security level 2; or

(c) maritime security level 3.

maritime security level 1 means the maritime security level in force under section 21.

maritime security level 2 means maritime security level 2 as in force under section 23.

maritime security level 3 means maritime security level 3 as in force under section 23.

"maritime security outcomes" has the meaning given by subsection 3(4).

"maritime security plan" means a plan prepared for the purposes of Part 3.

"maritime security zone" means:

(a) a port security zone; or

(b) a ship security zone; or

(c) an on-board security zone.

"maritime transport security incident" has the meaning given by subsections 170(1) and (2).

"master", in relation to a ship, means the person who has command or charge of the ship.

"mobile offshore drilling unit" means a ship capable of engaging in drilling operations for the purposes of exploring or exploiting resources beneath the seabed.

"on-board security zone" means an on-board security zone established under subsection 110(1).

"operational area", in relation to a ship, has the meaning given by subsection 140(5).

"ordinary search" has the same meaning as in the Crimes Act 1914 .

"overseas voyage" has the same meaning as in the Navigation Act 1912 .

"passenger":

(a) means a passenger travelling by maritime transport; and

(b) includes an intending passenger.

"passenger ship" means a ship that carries more than 12 passengers.

Note: A passenger ship may also be a cargo ship.

person with incident reporting responsibilities has the meaning given by subsection 175(4).

"port" has the meaning given by section 12.

"port facility" means an area of land or water, or land and water, within a security regulated port (including any buildings, installations or equipment in or on the area) used either wholly or partly in connection with the loading or unloading of ships.

"port facility operator" means a person who operates a port facility.

"port operator" has the meaning given by subsection 14(1).

"port security zone" means a port security zone established under subsection 102(1).

"pre-arrival information" has the meaning given by subsection 92(3).

"private living area", in relation to a ship, has the meaning given by subsection 140(4).

"prohibited item" means an item that:

(a) could be used for unlawful interference with maritime transport; and

(b) is prescribed in the regulations for the purposes of this definition.

"quarantine officer" means an Officer within the meaning of the Quarantine Act 1908 .

"receive clearance":

(a) in relation to a person, has the meaning given by subsection 115(2); and

(b) in relation to goods, has the meaning given by subsection 116(2); and

(c) in relation to a vehicle, has the meaning given by subsection 117(2); and

(d) in relation to a vessel, has the meaning given by subsection 118(2).

"recognised security organisation" has the meaning given by subsection 88(2).

"regulated Australian ship" has the meaning given by section 16.

"regulated foreign ship" has the meaning given by section 17.

"screened":

(a) in relation to a person, has the meaning given by subsection 115(1); and

(b) in relation to goods, has the meaning given by subsection 116(1); and

(c) in relation to a vehicle, has the meaning given by subsection 117(1); and

(d) in relation to a vessel, has the meaning given by subsection 118(1).

"screening officer" has the meaning given by subsection 165(1).

"screening point" means a place where screening occurs.

"Secretary "means the Secretary of the Department.

"security compliance information" has the meaning given by subsection 184(1).

"security direction" has the meaning given by subsection 33(2).

"security officer" means a person designated by a maritime industry participant to implement and maintain:

(a) the participant's maritime security plan; or

(b) the ship security plan for a ship operated by the participant.

"security regulated port "has the meaning given by subsection 13(1).

"security regulated ship" has the meaning given by section 15.

"ship" means a vessel that is capable of navigating the high seas but does not include a vessel that is not self-propelled.

"ship enforcement order "has the meaning given by subsection 195(2).

"ship operator" means:

(a) unless paragraph (b) applies—the owner of a security regulated ship; or

(b) if, under an agreement between the owner of the security regulated ship and another person, the other person is to be the ship operator for the security regulated ship for the purposes of this Act—that other person.

Note: Paragraph (b) means that a ship manager or bareboat charterer (or any other person) who has assumed responsibility for the operation of a ship, can, on assuming such responsibility, also agree to take over responsibility for meeting the obligations that are imposed on the ship operator for the ship under this Act.

"ship security plan" means a plan prepared for the purposes of Part 4.

"ship security record", in relation to a particular kind of security regulated ship, means a document or information relating to maritime security prescribed in regulations as a document or information to be kept on, by or for a ship of that kind.

"ship security zone" means a ship security zone declared under subsection 106(1).

"SOLAS Convention "means the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as amended from time to time.

Note: The text of the Convention is set out in Australian Treaty Series 1983 No. 22. In 2003 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible on the Internet through that Department's world-wide web site.

"stores" means items that are to be carried on board a ship for use, sale or consumption on the ship.

"territorial sea" has the same meaning as in the Seas and Submerged Lands Act 1973 .

"terrorist act" has the same meaning as in Part 5.3 of the Criminal Code .

"this Act" includes the regulations.

"threaten": a person is taken to threaten to do an act if the person makes a statement, or does anything else, showing, or from which it could reasonably be inferred, that it is his or her intention to do the act.

"unlawful interference with maritime transport" has the meaning given by section 11.

"valid ISSC", for a ship at a particular time, means an ISSC for the ship that is in force at that time.

"vessel" means any craft or structure capable of navigation.

"weapon" means:

(a) a firearm of any kind; or

(b) a thing prescribed by the regulations to be a weapon; or

(c) a device that, except for the absence of, or a defect in, a part of the device, would be a weapon of a kind mentioned in paragraph (a) or (b); or

(d) a device that is reasonably capable of being converted into a weapon of a kind mentioned in paragraph (a) or (b).