South Australian Numbered Acts

TERRORISM (SURFACE TRANSPORT SECURITY) ACT 2011 (NO 9 OF 2011) - SECT 5

5—Notice relating to security identified surface transport operation

        (1)         The Minister may, by notice in writing to a person declared by the notice to be the operator of a security identified surface transport operation—

            (a)         identify a specified place, activity or system associated with, or relating to, the movement of people or goods by road, rail or water as a security identified surface transport operation; and

            (b)         declare a specified person to be the operator of the security identified surface transport operation; and

            (c)         specify the period within which the operator must prepare a counter terrorism plan in accordance with this Act.

        (2)         The Minister may identify a place, activity or system associated with, or relating to, the movement of people or goods by road, rail or water as a security identified surface transport operation if the Minister is of the opinion that the operation has a significant risk of being the target of a terrorist act taking into account—

            (a)         information made available to the Minister by a security intelligence or law enforcement organisation, or other agency of the Crown of the State or Commonwealth, about the likelihood of terrorist acts against the operation; and

            (b)         the number of passengers using the operation; and

            (c)         the nature of the goods carried by the operation; and

            (d)         the geographical location of the operation; and

            (e)         the iconic status of the operation; and

            (f)         the size of the operation; and

            (g)         any other factor considered relevant by the Minister.

        (3)         The Minister will not declare a maritime industry participant required to prepare a maritime security plan under the Maritime Transport and Offshore Facilities Security Act 2003 of the Commonwealth to be the operator of a security identified surface transport operation.

        (4)         Before the Minister gives a notice to a person under subsection (1), the Minister must—

            (a)         inform the person in writing of the details of the proposed notice; and

            (b)         allow the person at least 14 days within which to make submissions to the Minister about the proposed notice.

        (5)         The Minister may, by subsequent notice in writing to the operator of a security identified surface transport operation, vary or revoke a notice under subsection (1).