(1)

This section sets out security measures that must be implemented by a regulated foreign ship.

Note: A ship is only a regulated foreign ship when it is in Australian waters: see section 17.

(2)

Unless subsections (3) to (7) provide otherwise, the ship must, at all times, implement ISPS level 1 measures.

(3)

If maritime security level 2 is in force for the ship because the ship is in a security regulated port where maritime security level 2 is in force (see section 24), the ship must implement ISPS level 2 measures.

(4)

If maritime security level 3 is in force for the ship because the ship is in a security regulated port where maritime security level 3 is in force (see section 24), the ship must implement ISPS level 3 measures.

(5)

If the Secretary declares under subsection 22(2) that maritime security level 2 is in force for the ship, the ship must implement ISPS level 2 measures.

(6)

If the Secretary declares under subsection 22(2) that maritime security level 3 is in force for the ship, the ship must implement ISPS level 3 measures.

(7)

If:

(a) the ship is registered in another country (the flag state ); and
(b) the ship is directed by the flag state to implement a higher level of security than would otherwise apply under this section;

the ship must comply with the direction.

(8)

If a regulated foreign ship does not implement security measures in accordance with subsections (2) to (7), the ship operator for, or the master of, the ship may be given a control direction under Division 3.