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MARITIMETRANSPORT AND OFFSHORE FACILITIES SECURITY AMENDMENT (SECURITY PLANS AND OTHER MEASURES) BILL 2006
Bills Digest no. 128 2005–06
Maritime Transport and Offshore Facilities Security Amendment (Security
Plans and Other Measures) Bill 2006
WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced
and does not canvass subsequent amendments. This Digest does not have
any official legal status. Other sources should be consulted to determine
the subsequent official status of the Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Endnotes
Contact Officer & Copyright Details
Passage History
Maritime Transport and Offshore
Facilities Security Amendment (Security Plans and Other Measures) Bill
2006
Date introduced: 29 March 2006
House: House of Representatives
Portfolio: Transport and Regional Services
Commencement: Sections 1 to 3 commence on
Royal Assent. The major operational part of the Bill (Schedule 1)
commences on Proclamation, or failing that, six months after Royal Assent.
The main purpose of the Bill is to make procedural changes to the process
of the approval, and revision of, various types of maritime security plans.
The Bill also amends a wide range of legislation to bring the drafting
and operation of these Acts into line with the Legislative Instruments
Act 2003.
Background
In December 2002, Australia
and other parties to the International Convention for the Safety of Life
at Sea, 1974 (‘the SOLAS Convention’) agreed to significant amendments
to the SOLAS Convention.(1) Amongst other things, the amendments
incorporated an entirely new agreement, the International Ship and Port
Facility Security Code (‘the ISPS Code’). In part, the ISPS Code was intended
to provide a standardised international framework for security-related
risk evaluation and management in the maritime sector. The ISPS Code
was a direct reaction to increased international terrorism concerns in
the wake of the attacks in New York
on 11 September 2001.
The ISPS Code was implemented by Australia
through the Maritime Transport Security Act 2003. One of main features
of this Act was the requirement to have security plans applying to various
port facilities and shipping. The Act was amended in 2005
to extend the existing legislative maritime security framework to offshore
oil and gas facilities, and consequently renamed as the Maritime Transport
and Offshore Facilities Security Act 2003 (MTOFSA). A further set
of amendments, the Maritime Transport and Offshore Facilities Security
Amendment (Maritime Security Guards and other Measures) Bill 2005,
have yet to pass Parliament.
According to the Minister’s second reading speech,
The bill introduces measures in relation to the submission
and approval of maritime, ship and offshore security plans aimed at
alleviating administrative burdens faced by the maritime industry. The
measures of this bill are an example of the continued and successful
cooperation between the Department of Transport and Regional Services
and Australia’s
key maritime industry representatives. It is a relationship based on
consultation and cooperation.(2)
Peak Australian industry groups representing shipowners(3)
and port operators(4) are supportive of the intent of the changes
contained Schedule 1, as they are aimed at improving the workability of
maritime transport security plan development and implementation.
None for the Government.
The majority of Schedule 1 makes a series of amendments relating
to three main types of security plans in the MTOFSA – maritime security
plans, ship security plans and offshore security plans. Broadly speaking,
each of these three types of plans are amended in the same way – thus
items 1 to 13 makes the amendments to maritime security
plans, items 14 to 25 make the same amendments to maritime
security plans, and items 26 to 38 do the same for offshore
security plans. As none of the amendments appear make major changes, only
a few items are discussed below for illustrative purposes.
The Secretary of the Department of Transport and Regional Services (DoTARS)
presently has 90 days in which to approve a maritime security plan. Items
5 and 6 combine to reduce this to 60 days (the ‘consideration
period’). However, the Secretary will effectively be able extend this
time by a maximum of another 45 days where, in order to make a decision
on the plan, additional information is requested from the person (the
‘maritime industry participant’) seeking approval of the plan.
Currently, there is no mechanism for a maritime industry participant
to voluntarily vary (as opposed to ‘revise’) a maritime security plan.
They would have to submit a revised plan to the Secretary, which would
have a life of five years – that is, effectively it would be a new plan.
Item 8 allows a maritime industry participant to request the existing
security plan to be varied. The criteria for approval of a variation by
the Secretary are the same as for a new plan.
Schedule 2 amends a wide range of legislation administered within
the Transport and Regional Services portfolio. With a handful of exceptions,
they are unrelated to transport security matters.
The amendments amend the various Acts to bring their drafting and operation
into line with the Legislative Instruments Act 2003, which came
into force in January 2005. These are
essentially ‘consequential’ amendments and there appear to be no substantive
changes to Parliamentary scrutiny etc of the provisions covered by Schedule
2.
Item 1 makes a minor drafting change by correcting the name of
the MSOFTA in paragraphs 15(1A)(a) and (b) of the Customs Act 1901.
Endnotes
- More information on the SOLAS Convention can be obtained from the
relevant webpage of the International Maritime Organisation: http://www.imo.org/Conventions/contents.asp?topic_id=257&doc_id=647
- The Hon Warren Truss, Minister for
Transport and Regional Services, House of Representatives, Debates,
29 March 2006,
p. 10.
- Personal communication, Australian Ship Owners Association, 24
April 2006.
- Personal communication, Association of Australian Ports and Marine
Authorities, 24 April 2006.
Angus Martyn
24 May 2006
Bills Digest Service
Information and Research Services
This paper has been prepared to support the work of the Australian Parliament
using information available at the time of production. The views expressed
do not reflect an official position of the Information and Research Service,
nor do they constitute professional legal opinion.
IRS staff are available to discuss the paper's contents
with Senators and Members and their staff but not with members of the
public.
ISSN 1328-8091
© Commonwealth of Australia 2006
Except to the extent of the uses permitted under the Copyright Act
1968, no part of this publication may be reproduced or transmitted
in any form or by any means, including information storage and retrieval
systems, without the prior written consent of the Parliamentary Library,
other than by members of the Australian Parliament in the course of their
official duties.
Published by the Parliamentary Library, 2006.
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