22Secretary may declare maritime security level 2 or 3

#### 22 Secretary may declare maritime security level 2 or 3 (1) The Secretary may, by writing, declare that maritime security level 2 or maritime security level 3 is in force for one or more of the following as specified in the declaration: (a) a security regulated port; (b) a regulated Australian ship; (ba) a security regulated offshore facility; (c) an area within a security regulated port; (d) a maritime industry participant; (e) operations conducted by a maritime industry participant within, or in connection with, a security regulated port or a security regulated offshore facility. (2) The Secretary may also, by writing, declare that maritime security level 2 or maritime security level 3 is in force for a regulated foreign ship. (3) However, the Secretary must not make a declaration under subsection (1) or (2) unless it is appropriate for a higher level of security to be put into place for the port, ship, facility, area or participant concerned because a heightened risk to maritime transport or offshore facilities has been identified. (5) A declaration under subsection (1) that a maritime security level is in force for a regulated Australian ship may specify that the level is only in force for the ship while it is in specified waters.