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This Act may be cited as the Maritime Transport and Offshore Facilities Security Act 2003.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Part 1 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 12 December 2003 |
2. Part 2 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 1 July 2004 (see Gazette 2004, GN11) |
3. Division 1 of Part 3 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
4. Divisions 2 and 3 of Part 3 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
5. Divisions 4 and 5 of Part 3 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
6. Division 1 of Part 4 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
7. Divisions 2 and 3 of Part 4 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
8. Divisions 4 and 5 of Part 4 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
9. Sections 79 and 80 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
10. Sections 81 to 87 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
11. Division 7 of Part 4 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
12. Part 5 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
13. Sections 101 to 104 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
14. Section 105 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
15. Sections 106 to 108 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
16. Section 109 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
17. Sections 110 to 112 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
18. Section 113 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
19. Part 7 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
20. Sections 134 to 138 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
21. Section 139 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
22. Section 140 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
23. Sections 141 and 142 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
24. Sections 143 to 145 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
25. Divisions 3 to 6 of Part 8 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
26. Parts 9 to 11 | At the same time as the provision(s) covered by table item 2. | 1 July 2004 |
27. Parts 12 and 13 | The day on which this Act receives the Royal Assent. | 12 December 2003 |
This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
The purpose of this Act is to safeguard against unlawful interference with maritime transport or offshore facilities or operational interference with maritime transport or offshore facilities.
Division 6 of Part 6 has an additional purpose (see section 113E).
To achieve this purpose, this Act establishes a regulatory framework centred around the development of security plans for ships, other maritime transport operations and offshore facilities.
The implementation of a security plan should make an appropriate contribution to the achievement of the maritime security outcomes.
The maritime security outcomes are as follows:
Australia’s obligations under Chapter XI‑2 of the SOLAS Convention and the ISPS Code, including those with regard to the rights, freedoms and welfare of seafarers, are met;
the risk of unlawful interference with maritime transport or offshore facilities is reduced without undue disruption to trade;
the risk that maritime transport or offshore facilities are used to facilitate terrorist or other unlawful activities is reduced;
security information is communicated effectively among maritime industry participants and government agencies with security responsibilities for maritime transport and offshore facilities.
It is not the purpose of this Act to prevent lawful advocacy, protest, dissent or industrial action that does not compromise maritime security.
This Act establishes a scheme to safeguard against unlawful interference with maritime transport or offshore facilities and operational interference with maritime transport or offshore facilities.
Part 2 provides for maritime security levels. The security measures to be implemented when different maritime security levels are in force are set out in maritime security plans, ship security plans and offshore security plans. Part 2 also provides for the Secretary to give security directions in special circumstances.
Part 3 deals with maritime security plans. Maritime industry participants who are required to have plans must comply with their plans.
Part 4 deals with ship security plans and ISSCs (International Ship Security Certificates) for regulated Australian ships. These ships must have both a ship security plan and an ISSC. They must be operated in compliance with their ship security plans and must continue to meet ISSC standards.
Part 5 puts obligations on regulated foreign ships. The Secretary can give control directions to regulated foreign ships to ensure that security standards are maintained.
Part 5A deals with offshore security plans. Offshore industry participants who are required to have plans must comply with their plans.
Part 6 provides for the establishment of maritime security zones. Additional security requirements apply in these zones which can be established within ports, on and around ships, and on and around offshore facilities.
Part 7 deals with screening, weapons and prohibited items.
Part 8 sets out the powers of officials under this Act. These officials are maritime security inspectors, security assessment inspectors, duly authorised officers, law enforcement officers, maritime security guards and screening officers.
Part 9 sets out reporting obligations in relation to certain maritime transport or offshore facility security incidents.
Part 10 allows the Secretary to require security compliance information from maritime industry participants.
Part 11 provides a range of enforcement mechanisms. These are infringement notices, enforcement orders, ship enforcement orders, injunctions and a demerit points system.
Part 12 provides for review of certain decisions by the Administrative Review Tribunal.
Part 13 deals with miscellaneous matters.
This Act extends to every external Territory.
Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against this Act, other than an offence mentioned in subsection (2).
Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to the following offences:
an offence under subsection 39(1) or 40(1) by a person who is given a direction under section 35 because of the person’s presence on, or connection with, a security regulated offshore facility;
an offence under subsection 120(1), 120(3), 124(1), 127(1), 127(3), 131(1), 143(1), 149(1), 153(3), 154(4), 155(4) or 156(3) where the offence is committed in an offshore security zone;
an offence under subsection 121(1), 121(3), 128(1) or 128(3) where the screening point is in, or at the edge of, an offshore security zone;
an offence under subsection 143(1) in relation to a maritime security inspector exercising, or attempting to exercise, powers set out in paragraph 140A(2)(e);
an offence under subsection 175(1), (3A) or (3B) or 184(5) by a person failing to report, or give information, in his or her capacity as an offshore industry participant;
an offence under subsection 176(1), (4) or (5) by an employee of an offshore industry participant;
an offence under regulations made under section 109, 113D, 119, 126 or 133 where the offence is committed in, or at the edge of:
an offshore security zone; or
a ship security zone declared under subsection 106(1AA) or (1A).
This Act binds the Crown in each of its capacities.
This Act does not make the Crown in right of the Commonwealth liable to be prosecuted for an offence.
This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Act.
Unless the contrary intention appears, this Act does not apply to, or in relation to:
a warship or other ship operated for naval, military, customs or law enforcement purposes by Australia or by a foreign state; or
a ship (other than a ship covered by paragraph (a)) that is:
owned, leased or chartered by, or otherwise in the operational control of, the Commonwealth, a State or a Territory; and
being used wholly for non‑commercial activities; or
a security regulated port, or a part of a port, at any time that the port, or the part of the port, is under the exclusive control of the Australian Defence Force.
A reference in this Act to a maritime industry participant does not include a reference to:
the Australian Defence Force; or
the Immigration and Border Protection Department; or
an Agency of the Commonwealth prescribed in the regulations.
A reference in this Act to an offshore industry participant does not include a reference to:
the Australian Defence Force; or
the Immigration and Border Protection Department; or
an Agency of the Commonwealth prescribed in the regulations.
The Minister may, by legislative instrument, make a determination specifying items for the purposes of paragraph (b) of the definition of prohibited item in section 10.
A cyber security incident is one or more acts, events or circumstances involving any of the following:
unauthorised access to:
computer data; or
a computer program;
unauthorised modification of:
computer data; or
a computer program;
unauthorised impairment of electronic communication to or from a computer;
unauthorised impairment of the availability, reliability, security or operation of:
a computer; or
computer data; or
a computer program.
For the purposes of this Act:
access to:
computer data; or
a computer program; or
modification of:
computer data; or
a computer program; or
the impairment of electronic communication to or from a computer; or
the impairment of the availability, reliability, security or operation of:
a computer; or
computer data; or
a computer program;
by a person is unauthorised if the person is not entitled to cause that access, modification or impairment.
For example, a person who is an employee or agent of a maritime industry participant is not entitled to cause access, modification or impairment of a kind mentioned in this subsection if causing such access, modification or impairment would exceed the person’s authority as such an employee or agent.
For the purposes of subsection (1), it is immaterial whether the person can be identified.
For the purposes of subsection (1), if:
a person causes any access, modification or impairment of a kind mentioned in that subsection; and
the person does so:
under a warrant issued under a law of the Commonwealth, a State or a Territory; or
under an emergency authorisation given to the person under Part 3 of the Surveillance Devices Act 2004 or under a law of a State or Territory that makes provision to similar effect; or
under a tracking device authorisation given to the person under section 39 of the Surveillance Devices Act 2004; or
in accordance with a technical assistance request; or
in compliance with a technical assistance notice; or
in compliance with a technical capability notice;
the person is entitled to cause that access, modification or impairment.