(1)

The regulations may, for the purposes of safeguarding against unlawful interference with maritime transport, prescribe requirements in relation to one or more of the following:

(a) screening;
(b) receiving clearance;
(c) the circumstances in which persons, goods, vehicles or vessels are required to be cleared.

(2)

The following matters may be dealt with by regulations made under subsection (1):

(a) the persons who are authorised or required to conduct screening;
(b) the things to be detected by screening;
(c) the procedures for dealing with things detected by screening;
(d) the circumstances in which persons must be cleared in order to:
(i) board a vessel; or
(ii) enter an area within a security regulated port;
(e) the circumstances in which stores must be cleared in order to be taken:
(i) on board a vessel; or
(ii) into an area within a security regulated port;
(f) the circumstances in which baggage must be cleared in order to be taken:
(i) on board a vessel; or
(ii) into an area within a security regulated port;
(g) the circumstances in which cargo must be cleared in order to be taken:
(i) on board a vessel; or
(ii) into an area within a security regulated port;
(h) the circumstances in which vehicles must be cleared in order to be taken:
(i) on board a vessel; or
(ii) into an area within a security regulated port;
(i) the circumstances in which vessels must be cleared in order to be taken:
(i) on board another vessel; or
(ii) into an area within a security regulated port;
(j) the places where screening is to be conducted;
(k) the methods, techniques and equipment to be used for screening;
(l) the notices that are to be displayed in places where screening is to be conducted;
(m) the supervision and control measures for ensuring that persons, goods, vehicles and vessels that have received clearance remain cleared on vessels that are not cleared vessels or in areas that are not cleared areas.

Note: Regulations made under subsection 165(2) must prescribe training and qualification requirements for screening officers and set out requirements in relation to the form, issue and use of identity cards.

(3)

Regulations made under paragraph (2)(a) or (2)(k) may provide that some or all of the matters set out in that paragraph are to be specified in written notices made by the Secretary. Such a notice may provide that the notice is only to be given to the persons, or classes of persons, specified in the notice.

(4)

Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:

(a) for an offence committed by a port operator, ship operator or port facility operator—200 penalty units; or
(b) for an offence committed by a maritime industry participant, other than a participant covered by paragraph (a)—100 penalty units; or
(c) for an offence committed by any other person—50 penalty units.

Note: If a body corporate is convicted of an offence against regulations made under this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose fines of up to 5 times the penalties stated above.