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Commonwealth legislation
This legislation sets out detailed security rules for Australia's maritime transport system and offshore facilities. It covers:
Who it affects:
What it does:
Requires security plans: All port operators, port facility operators, ship operators, and offshore facility operators must develop and maintain approved security plans. These plans must address risks, set out security measures for different threat levels, and detail procedures for emergencies, screening, and access control.
Establishes security zones: Creates different types of controlled areas:
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Direct links to the current provisions in Maritime Transport and Offshore Facilities Security Regulations 2003.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Creates an ID card system (MSICs): Workers needing unmonitored access to secure areas must obtain a Maritime Security Identification Card. This involves background checks through the AusCheck scheme, with cards valid for 2 or 4 years. There are strict rules about displaying cards, and offences for unauthorised entry.
Sets security levels: Three maritime security levels (1, 2, and 3) with escalating security measures. The Secretary can declare higher levels when threats increase.
Regulates weapons and prohibited items: Defines what counts as weapons (bombs, grenades, rockets, flame throwers, crossbows, etc.) and prohibited items (imitation firearms and explosives). Only authorised people can possess these in secure areas.
Requires screening: Passengers and baggage on passenger ships must be screened before boarding or immediately after.
Mandates security officers: Each operator must designate specific security officers with defined duties, training requirements, and authority to act on security directions.
Why it matters: This is Australia's implementation of international maritime security standards (the ISPS Code) following the 9/11 attacks. It aims to prevent terrorist attacks, unlawful interference, and serious organised crime in maritime transport. The rules are legally enforceable with significant penalties (up to 200 penalty units for serious offences). The legislation balances security needs with practical operations, allowing for exemptions in exceptional circumstances and providing review rights through the Administrative Review Tribunal.