Maritime Transport and Offshore Facilities Security Act 2003

If a ship security plan for a regulated Australian ship is in force, the ship operator for the ship may, by written notice given to the Secretary, request the Secretary to vary the plan.

The ship operator must set out the proposed variation in the notice.

The notice must be prepared in accordance with any requirements set out in the regulations.

If the Secretary is satisfied that the plan, as varied, would continue to adequately address the relevant requirements under Division 4, the Secretary must:

approve the variation; and

give the ship operator written notice of the approval.

If the Secretary is not satisfied that the plan, as varied, would continue to adequately address the relevant requirements under Division 4, the Secretary must:

refuse to approve the variation; and

give the ship operator written notice of the refusal including reasons for the refusal.

In determining whether the plan, as varied, would continue to adequately address the relevant requirements under Division 4, the Secretary may take account of existing circumstances as they relate to maritime transport, and offshore facility, security.

If:

a ship operator for a regulated Australian ship gives the Secretary a notice requesting the Secretary to vary a ship security plan for the ship; and

the Secretary does not approve, or refuse to approve, the variation within the consideration period;

A ship operator may apply to the Administrative Review Tribunal for review of a decision to refuse to approve a variation under subsection (4) or (6): see section 201.

The Secretary may, by written notice given to the ship operator within the consideration period, request the ship operator to give the Secretary specified information relevant to the approval of the variation.

The notice must specify a period of not more than 45 days within which the information must be given. However, if more than one notice is given to the ship operator under subsection (7), the total of the periods specified in the notices must not exceed 45 days.

The consideration period is the period of 60 days commencing on the day on which the notice under subsection (1) requesting the variation was received by the Secretary, extended, in relation to each notice already given under subsection (7), by a number of days equal to the number of days falling within the period:

commencing on the day on which the notice under subsection (7) was given; and

ending on:

the day on which the information requested in that notice was received by the Secretary; or

if the information is not given within the period specified in that notice—the last day of that period.