Maritime Transport and Offshore Facilities Security Act 2003

The regulations may, for the purposes of safeguarding against unlawful interference with maritime transport or offshore facilities, prescribe requirements in relation to each type of ship security zone.

Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:

access to ship security zones (including conditions of access, the issue and use of security passes and other identification systems);

the identification or marking of ship security zones;

the security checking (including background checking) of persons who have access to ship security zones;

the movement, management or operation of ships and other vessels and vehicles and other things in ship security zones;

the maintenance of the integrity of ship security zones;

the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in ship security zones;

the management (including the sale or disposal) of things abandoned in ship security zones;

when prescribed requirements are to be met.

The regulations may provide that:

if a ship security zone under subsection 106(1AA) comes into operation around a security regulated ship, the ship operator for the security regulated ship must, by writing, notify the coming into operation of the zone to each maritime industry participant (other than the ship operator for the security regulated ship) who conducts operations within the zone; and

if the notice is given by the master of the security regulated ship, the notice is taken to have been given by the ship operator for the ship; and

the notice must include prescribed information about the location and boundaries of the zone.

Subsection (2A) does not limit subsection (1).

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

for an offence committed by a port operator, ship operator, port facility operator or offshore facility operator—200 penalty units; or

for an offence committed by a maritime industry participant, other than a participant covered by paragraph (a)—100 penalty units; or

for an offence committed by any other person—50 penalty units.

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.

Regulations made under subsection (1) may provide for the recovery by a person of costs and expenses reasonably incurred by the person in relation to the performance of functions, or the exercise of powers, by the person in relation to a security identification card scheme set out in those regulations. An amount recoverable under those regulations must not be such as to amount to taxation.

Regulations made under subsection (1) may authorise the use or disclosure of information (including personal information within the meaning of the Privacy Act 1988) for the purposes of, or in relation to, assessing the security risk posed by a person.