Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) The Comptroller-General of Customs may submit an ABF vessel management plan to a recognised organisation for review by the recognised organisation.
Mandatory contents of plan
(2) The plan must include the following:
(a) information that identifies each Australian Border Force vessel covered by the plan, including:
(i) the name of the vessel; and
(ii) the kind of operations the vessel will conduct (including the activities the vessel will undertake); and
(iii) the unique identifying number for the vessel (such as the International Maritime Organization (IMO) number);
(b) if the plan relates to non-compliance with a provision of the Act by a particular person--information that identifies the person, including the name of the person;
(c) if the plan relates to non-compliance with a provision of the Act by a class of persons--information that identifies the class of persons, including a description of the class and any exclusions;
(d) for each vessel covered by the plan:
(i) each provision of the Act that the vessel will not comply with; and
(ii) an explanation of why the vessel will not be able to comply with the provision;
(e) for each person covered by the plan:
(i) each provision of the Act that the person will not comply with; and
(ii) an explanation of why the person will not be able to comply with the provision;
(f) for each provision of the Act that the vessel or person will not comply with:
(i) the requirements that the vessel or person will instead comply with; and
(ii) an assessment of any risk that may arise from the non-compliance with the provision of the Act, and how that risk will be averted or mitigated by compliance with the alternative requirements;
(g) the process (agreed by the Comptroller-General of Customs and the recognised organisation) by which the plan will be reviewed by the Comptroller-General of Customs and the recognised organisation, including:
(i) the frequency of reviews; and
(ii) the nature of reviews; and
(iii) how the reviews will be reported and acted upon;
(h) a description of the arrangements for persons performing work for the Australian Border Force to make reports within the Australian Border Force, and information identifying any other document setting out further details of the arrangements for such reporting, relating to:
(i) the operation of the plan; and
(ii) compliance with relevant requirements under the Act;
(i) a description of the arrangements for reports to be made on behalf of the Comptroller-General of Customs to the recognised organisation, and information identifying any other document setting out further details of the arrangements for such reporting, relating to:
(i) the operation of the plan; and
(ii) compliance with relevant requirements under the Act;
(j) the process by which compliance with relevant requirements under the Act will be reviewed by the recognised organisation, including the frequency of the reviews and the manner in which the reviews will be reported.
Power to review plan
(3) The recognised organisation may review the plan if it is satisfied that the plan complies with subsection (2).
(4) In reviewing the plan, the recognised organisation may take into account any additional information or document provided by the Comptroller-General of Customs for the purposes of the review.
Outcome of review
(5) The recognised organisation may, if it is so satisfied, declare it is satisfied that for each provision of the Act that the vessel or person will not comply with:
(a) the risk of the non-compliance is adequately assessed; and
(b) the requirements specified in the plan under subparagraph (2)(f)(i) are adequately described and appropriately mitigate the identified risks.