10Definitions

#### 10 Definitions In this Act, unless the contrary intention appears: > access, in relation to a computer program, means the execution of the computer program. > access to computer data means: (a) in a case where the computer data is held in a computer—the display of the data by the computer or any other output of the data from the computer; or (b) in a case where the computer data is held in a computer—the copying or moving of the data to: (i) any other location in the computer; or (ii) another computer; or (iii) a data storage device; or (c) in a case where the computer data is held in a data storage device—the copying or moving of the data to: (i) a computer; or (ii) another data storage device. > acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution. > ADF member means a Member within the meaning of the Defence Act 1903. > Agency has the same meaning as in the Public Service Act 1999. > Agency Head has the same meaning as in the Public Service Act 1999. > AMSA inspector means an inspector appointed under the Navigation Act 2012. > approved ISSC equivalent has the meaning given by subsection 91(3). > asset includes: (a) a system; and (b) a network; and (c) a facility; and (d) a computer; and (e) a computer device; and (f) a computer program; and (g) computer data; and (h) premises; and (i) any other thing. > Australia, when used in a geographical sense, includes the external Territories. > Australian ship has the same meaning as in the Shipping Registration Act 1981. > Australian waters means: (a) the territorial sea of Australia; and (b) the waters of the sea on the landward side of the territorial sea of Australia; and (c) the territorial sea of each external Territory; and (d) the waters of the sea on the landward side of the territorial sea of each external Territory; and (e) inland waters prescribed in regulations. > baggage means: (a) possessions of a passenger or crew member: (i) that are carried, or intended to be carried, on board a ship; and (ii) to which the passenger or crew member will have general access while on board the ship; and (b) possessions of a visitor to a ship: (i) that are taken, or intended to be taken, on board the ship; and (ii) to which the visitor will have general access while on board the ship; and (c) possessions of a crew member: (i) that are carried, or intended to be carried, on an offshore facility; and (ii) to which the crew member will have general access while on the offshore facility; and (d) possessions of a visitor: (i) that are taken, or intended to be taken, onto an offshore facility; and (ii) to which the visitor will have general access while on the offshore facility. > biosecurity officer has the same meaning as in the Biosecurity Act 2015. > cargo means goods, other than baggage or stores, that are transported, or intended to be transported, by ship. > cargo ship includes a tanker. > Note: A cargo ship may also be a passenger ship. > cleared: (a) in relation to a person, has the meaning given by subsection 115(3); and (b) in relation to goods, has the meaning given by subsection 116(3); and (c) in relation to a vehicle, has the meaning given by subsection 117(3); and (d) in relation to a vessel, has the meaning given by subsection 118(3). > cleared area means an area that, under regulations made under Part 6 or 7, may be entered only by persons, goods, vehicles and vessels that have received clearance. > computer means all or part of: (a) one or more computers; or (b) one or more computer systems; or (c) one or more computer networks; or (d) any combination of the above. > computer data means data held in: (a) a computer; or (b) a data storage device. > confidentiality requirements has the meaning given by subsection 34(2). > connect, in relation to equipment, includes connection otherwise than by means of physical contact, for example, a connection by means of radiocommunication. > control direction has the meaning given by subsection 99(2). > crew: (a) in relation to a ship—includes any person employed on the ship; and (b) in relation to an offshore facility—includes any person employed on the facility. > critical installation has the meaning given by subsection 103(3). > customs officer means an officer of Customs within the meaning of the Customs Act 1901. > cyber security incident has the meaning given by 10B. > damage, in relation to data, includes damage by erasure of data or addition of other data. > data includes information in any form. > data storage device means a thing (for example, a disk or file server) containing (whether temporarily or permanently), or designed to contain (whether temporarily or permanently), data for use by a computer. > declaration of security means: (a) an agreement reached between a ship and another party (a ship or person); or (b) an agreement reached between an offshore facility operator and another party (a ship or person); that identifies the security activities or measures that each party will undertake or implement in specified circumstances. > duly authorised officer means a person appointed under section 147. > employee, in relation to a maritime industry participant, means an individual: (a) employed by the maritime industry participant; or (b) engaged under a contract for services between the individual and the maritime industry participant. > enforcement action has a meaning affected by subsection 17D(4). > enforcement order means an order made under section 189. > engage in conduct has the same meaning as in the Criminal Code. > Federal Court means the Federal Court of Australia. > foreign ship means a ship that is not an Australian ship. > FPSO (short for Floating Product, Storage and Offtake) means a ship that is: (a) constructed or modified to accept petroleum, directly or indirectly, from a sub‑sea well or pipeline; and (b) capable of storing the petroleum and delivering it to another ship or pipeline; and (c) capable of modifying the petroleum while in storage on the ship to suit it for transport or to fit it for the commercial requirements of consignees; and (d) designed to be disconnected from its mooring during bad weather, operational emergencies, or for the purposes of maintenance or survey; but does not include a facility that is designed to remain permanently moored for the production life of the related petroleum field. > frisk search has the same meaning as in the Crimes Act 1914. > FSU (short for Floating Storage Unit) means a ship that is: (a) constructed or modified to accept petroleum, directly or indirectly, from a sub‑sea well or pipeline; and (b) capable of storing the petroleum and delivering it to another ship or pipeline, but which is not capable of modifying the petroleum while in storage on the ship; and (c) designed to be disconnected from its mooring during bad weather, operational emergencies, or for the purposes of maintenance or survey; but does not include a facility that is designed to remain permanently moored for the production life of the related petroleum field. > gross tonnage has the same meaning as in the SOLAS Convention. > Immigration and Border Protection Department means the Department administered by the Minister administering Part XII of the Customs Act 1901. > immigration officer means an officer within the meaning of the Migration Act 1958. > impairment of electronic communication to or from a computer includes: (a) the prevention of any such communication; and (b) the impairment of any such communication on an electronic link or network used by the computer. > infrequent overseas voyages test has the meaning given by section 17AA. > inland waters means waters within Australia other than waters of the sea. > interim ISSC means an interim ISSC given under section 86. > ISPS Code means the International Ship and Port Facility Security (ISPS) Code (as amended from time to time) as mentioned in Chapter XI‑2 of the SOLAS Convention. > ISPS level 1 measures has the meaning given by subsection 95(1). > ISPS level 2 measures has the meaning given by subsection 95(2). > ISPS level 3 measures has the meaning given by subsection 95(3). > ISSC means an international ship security certificate within the meaning of the ISPS Code. > ISSC exemption certificate means a certificate issued under section 89D. > ISSC verified has the meaning given by subsections 83(1) and (3). > just terms has the same meaning as in paragraph 51(xxxi) of the Constitution. > law enforcement officer has the meaning given by section 151. > maritime asset means an asset that: (a) is used in connection with the operation of a maritime industry participant; and (b) is owned or operated by a maritime industry participant. > maritime industry participant means: (a) a port operator; or (b) a port facility operator; or (c) the ship operator for a regulated Australian ship; or (d) the ship operator for a regulated foreign ship; or (da) an offshore industry participant; or (f) a contractor who provides services to a person mentioned in paragraphs (a) to (d); or (g) a person who: (i) conducts a maritime‑related enterprise; and (ii) is prescribed in the regulations. > Note: Neither the Australian Defence Force nor the Immigration and Border Protection Department can be a maritime industry participant. The regulations may also exclude other Commonwealth Agencies from being maritime industry participants: see subsection 9(2). > maritime security guard has the meaning given by subsection 162(1). > maritime security inspector means a person appointed under subsection 136(1). > maritime security level means: (a) maritime security level 1; or (b) maritime security level 2; or (c) maritime security level 3. > maritime security level 1 means the maritime security level in force under section 21. > maritime security level 2 means maritime security level 2 as in force under section 23. > maritime security level 3 means maritime security level 3 as in force under section 23. > maritime security outcomes has the meaning given by subsection 3(4). > maritime security plan means a plan prepared for the purposes of Part 3. > maritime security zone means: (a) a port security zone; or (b) a ship security zone; or (c) an on‑board security zone; or (d) an offshore security zone. > maritime transport or offshore facility security incident has the meaning given by section 170. > master, in relation to a ship, means the person who has command or charge of the ship. > mobile offshore drilling unit means a vessel capable of engaging in drilling operations for the purposes of exploring or exploiting resources beneath the seabed. > modification: (a) in respect of computer data—means: (i) the alteration or removal of the data; or (ii) an addition to the data; or (b) in respect of a computer program—means: (i) the alteration or removal of the program; or (ii) an addition to the program. > national security has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004. > offshore area has the meaning given by subsection 17A(7). > offshore facility has the meaning given by section 17A. > offshore facility operator has the meaning given by section 17C. > offshore industry participant means: (a) an offshore facility operator; or (b) a contractor who provides services to an offshore facility operator; or (c) a person who: (i) conducts an enterprise connected with a security regulated offshore facility; and (ii) is prescribed in the regulations. > Note: Neither the Australian Defence Force nor the Immigration and Border Protection Department can be an offshore industry participant. The regulations may also exclude other Commonwealth Agencies from being offshore industry participants: see subsection 9(3). > offshore security plan means a plan prepared for the purposes of Part 5A. > offshore security zone means an offshore security zone established under subsection 113A(1). > on‑board security zone means an on‑board security zone established under subsection 110(1). > operational area: (a) in relation to a security regulated ship—has the meaning given by subsection 140(5); and (b) in relation to a security regulated offshore facility—has the meaning given by subsection 140B(5). > operational interference with maritime transport or offshore facilities has the meaning given by section 11A. > operation of a maritime industry participant means the operation of the participant in the participant’s capacity as a maritime industry participant. > ordinary search has the same meaning as in the Crimes Act 1914. > overseas voyage, in relation to a ship, means a voyage in the course of which the ship travels between: (a) a port in Australia and a port outside Australia; or (b) a port in Australia and a place in the waters of the sea above the continental shelf of a country other than Australia; or (c) a port outside Australia and a place in the waters of the sea above the continental shelf of Australia; or (d) a place in the waters of the sea above the continental shelf of Australia and a place in the waters of the sea above the continental shelf of a country other than Australia; or (e) ports outside Australia; or (f) places beyond the continental shelf of Australia; whether or not the ship travels between 2 or more ports in Australia in the course of the voyage. > passenger: (a) means a passenger travelling by maritime transport; and (b) includes an intending passenger. > passenger ship means a ship that carries more than 12 passengers. > Note: A passenger ship may also be a cargo ship. > person with incident reporting responsibilities has the meaning given by subsection 175(4). > petroleum has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006. > port has the meaning given by section 12. > port facility means an area of land or water, or land and water, within a security regulated port (including any buildings, installations or equipment in or on the area) used either wholly or partly in connection with one or more of the following: (a) the movement, loading, unloading, maintenance or provisioning of security regulated ships; (b) the movement of goods that have been, or are intended to be, transported by security regulated ship; (c) the storage of goods that have been, or are intended to be, transported by security regulated ship; (d) the loading of goods that have been transported by security regulated ship on to another mode of transport; (e) the unloading of goods that are intended to be transported by security regulated ship from another mode of transport; (f) any other activity or thing that is critical to ensuring the security and reliability of an activity mentioned in any of the above paragraphs. > port facility operator means a person who operates a port facility. > port operator has the meaning given by subsection 14(1). > port security zone means a port security zone established under subsection 102(1). > pre‑arrival information has the meaning given by subsection 92(3). > private living area: (a) in relation to a security regulated ship—has the meaning given by subsection 140(4); and (b) in relation to a security regulated offshore facility—has the meaning given by subsection 140B(4). > prohibited item means an item that: (a) could be used for unlawful interference with maritime transport or offshore facilities; and (b) is specified in an instrument in force under section 10A. > receive clearance: (a) in relation to a person, has the meaning given by subsection 115(2); and (b) in relation to goods, has the meaning given by subsection 116(2); and (c) in relation to a vehicle, has the meaning given by subsection 117(2); and (d) in relation to a vessel, has the meaning given by subsection 118(2). > recognised security organisation has the meaning given by subsection 88(2). > regulated Australian ship has the meaning given by section 16. > regulated foreign ship has the meaning given by section 17. > relevant impact has the meaning given by section 10D. > relevant interference has the meaning given by section 10F. > screened: (a) in relation to a person, has the meaning given by subsection 115(1); and (b) in relation to goods, has the meaning given by subsection 116(1); and (c) in relation to a vehicle, has the meaning given by subsection 117(1); and (d) in relation to a vessel, has the meaning given by subsection 118(1). > screening function means a function that a screening officer is authorised or required to perform under this Act or an instrument made under this Act. > screening officer has the meaning given by section 165. > screening point means a place where screening occurs. > Secretary means the Secretary of the Department. > security assessment inspector means a person appointed under subsection 145D(1). > security compliance information has the meaning given by subsection 184(1). > security direction has the meaning given by subsection 33(2). > security officer means a person designated by a maritime industry participant to implement and maintain: (a) the participant’s maritime security plan; or (b) the ship security plan for a ship operated by the participant; or (c) the participant’s offshore security plan. > security regulated offshore facility has the meaning given by section 17B. > security regulated port has the meaning given by subsection 13(1). > security regulated ship has the meaning given by section 15. > serious and organised crime has the same meaning as in Part III of the Australian Crime Commission Act 2002. > ship means a vessel that is capable of navigating the high seas but does not include a vessel that is not self‑propelled. > ship enforcement order has the meaning given by subsection 195(2). > ship operator means: (a) unless paragraph (b) applies—the owner of a security regulated ship; or (b) if, under an agreement between the owner of the security regulated ship and another person, the other person is to be the ship operator for the security regulated ship for the purposes of this Act—that other person. > Note: Paragraph (b) means that a ship manager or bareboat charterer (or any other person) who has assumed responsibility for the operation of a ship, can, on assuming such responsibility, also agree to take over responsibility for meeting the obligations that are imposed on the ship operator for the ship under this Act. > ship security plan means a plan prepared for the purposes of Part 4. > ship security plan exemption certificate means a certificate issued under section 89B. > ship security record, in relation to a particular kind of security regulated ship, means a document or information relating to maritime security prescribed in regulations as a document or information to be kept on, by or for a ship of that kind. > ship security zone means a ship security zone declared under subsection 106(1), (1AA) or (1A). > significant impact has the meaning given by section 10E. > SOLAS Convention means the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as amended from time to time. > Note: The text of the Convention is set out in Australian Treaty Series 1983 No. 22\. In 2003 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department’s website. > stores means: (a) items that are to be carried on board a ship for use, sale or consumption on the ship; and (b) items that are to be carried on an offshore facility for use, sale or consumption on the facility. > technical assistance notice has the same meaning as in Part 15 of the Telecommunications Act 1997. > technical assistance request has the same meaning as in Part 15 of the Telecommunications Act 1997. > technical capability notice has the same meaning as in Part 15 of the Telecommunications Act 1997. > terrorist act has the same meaning as in the Crimes Act 1914. > test weapon means: (a) a weapon of a kind that is a replica or an imitation of another weapon; or (b) a weapon that, as a result of a modification, is not capable of operating as a functional weapon; or (c) a thing prescribed by the regulations to be a test weapon. > this Act includes the regulations. > threaten: a person is taken to threaten to do an act if the person makes a statement, or does anything else, showing, or from which it could reasonably be inferred, that it is his or her intention to do the act. > unauthorised access, modification or impairment has the meaning given by section 10C. > unlawful interference with maritime transport or offshore facilities has the meaning given by section 11. > valid ISSC, for a ship at a particular time, means an ISSC for the ship that is in force at that time. > vessel means any craft or structure capable of navigation. > weapon means: (a) a firearm of any kind; or (b) a thing prescribed by the regulations to be a weapon; or (c) a device that, except for the absence of, or a defect in, a part of the device, would be a weapon of a kind mentioned in paragraph (a) or (b); or (d) a device that is reasonably capable of being converted into a weapon of a kind mentioned in paragraph (a) or (b).