Maritime Transport and Offshore Facilities Security Act 2003

The Secretary may give a direction to:

the ship operator for a regulated foreign ship; or

the master of the ship;

A direction under subsection (1) is a control direction.

However, the Secretary must not give a control direction unless the direction is:

necessary for ensuring compliance with Division 2 of this Part; or

a direction of a kind that can be given, under Chapter XI‑2 of the SOLAS Convention or the ISPS Code, by a port state to a foreign flagged ship.

The action that a ship operator or master may be directed to take under subsection (1) includes, but is not limited to, the following:

removing the ship from Australian waters;

removing the ship from a security regulated port;

moving the ship within a security regulated port;

removing the ship from an offshore security zone;

if the ship is located in the vicinity of a security regulated offshore facility and is engaged in any activity in relation to the facility—removing the ship from the vicinity of the facility;

holding the ship in a particular position for a specified period or until a specified event occurs;

taking particular actions, or ensuring that particular actions are taken, on board the ship;

allowing a maritime security inspector on board the ship to inspect the ship or ship security records carried by the ship.

A control direction has no effect until the Secretary commits the direction to writing.

This requires the Secretary to have a written record of a direction that is given orally.

The direction must not require the payment of money to the Secretary (or any other person) other than an amount of money that is already recoverable at law.

The regulations may prescribe requirements for, or in relation to, the giving of control directions.