Commonwealth Consolidated Acts

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 Review 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