195Ship enforcement orders—regulated Australian ships

195 Ship enforcement orders—regulated Australian ships

(1) The Secretary may give a direction to: (a) the ship operator for a regulated Australian ship; or (b) the master of the ship; requiring the ship operator or master to take specified action, or refrain from taking specified action, in relation to the ship. (2) A direction under subsection (1) is a ship enforcement order. (3) The Secretary may only give a ship enforcement order if he or she reasonably believes that: (a) the regulated Australian ship named in the ship enforcement order has operated in contravention of this Act; and (b) the ship enforcement order is necessary to safeguard against unlawful interference with maritime transport or offshore facilities. (4) The ship enforcement order must: (a) bear a clear and direct relationship to the contravention; and (b) be proportionate to the contravention. (5) The action that a ship operator or master may be directed to take under subsection (1) includes, but is not limited to, the following: (a) removing the ship from specified waters; (b) removing the ship from a security regulated port; (c) moving the ship within a security regulated port; (ca) removing the ship from an offshore security zone; (cb) 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; (d) holding the ship in a particular position for a specified period or until a specified event occurs; (e) taking particular actions, or ensuring that particular actions are taken, on board the ship; (f) allowing a maritime security inspector on board the ship to inspect the ship or ship security records carried by the ship. (6) A ship enforcement order has no effect unless the Secretary commits the direction to writing before giving it.