Part 1
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Commonwealth legislation
Establishes detailed security rules for Australia’s maritime transport and offshore facilities, requiring port, ship and offshore operators, their security officers and workers with secure-area access to implement approved security plans, ID checks (MSICs), screening, and graded security measures. It also restricts weapons and unauthorised entry and empowers authorities to raise threat levels.
It implements international ISPS standards to prevent terrorism and serious organised crime in maritime settings, with enforceable penalties and limited exemptions and review rights.
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Direct links to the current provisions in Maritime Transport and Offshore Facilities Security Regulations 2003.
These Regulations are the Maritime Transport and Offshore Facilities Security Regulations 2003.
(1) In these Regulations:
ABN (short for Australian Business Number) has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
ACN (short for Australian Company Number) has the meaning given by section 9 of the Corporations Act 2001.
Act means the Maritime Transport and Offshore Facilities Security Act 2003.
adverse criminal intelligence assessment—see subregulation 6.07B(1).
airport has the meaning given by the Aviation Transport Security Act 2004.
ARBN (short for Australian Registered Body Number) has the meaning given by section 9 of the Corporations Act 2001.
Australian Federal Police employee has the same meaning as AFP employee in subsection 4(1) of the Australian Federal Police Act 1979.
cleared zone means a type of port security zone, established by the Secretary under subsection 102(1) of the Act, that comprises an area of land or water, to which access is controlled, for holding persons and goods, vehicles or vessels that have been screened and cleared.
contact details, for a person, includes:
(a) the person’s business address, mailing address, fixed‑line telephone number, mobile telephone number and e‑mail address; and
(b) if the person is a CSO, SSO, PSO or PFSO—a single 24‑hour fixed‑line or mobile telephone number for the person; and
(c) if the person is an OFSO or OSPSO—a single 24‑hour fixed‑line and a mobile telephone number for the person.
contracting government means a contracting government to the SOLAS Convention.
Note: For the definition of SOLAS Convention, see section 10 of the Act.
CSO or company security officer has the meaning given by regulation 1.10.
exclusion zone means a ship security zone, declared by the Secretary to operate under subsection 106(1) or (1A) of the Act, that comprises an area of water, at and below the water level:
(a) within a security regulated port, being an area to which access is controlled and that surrounds a security regulated ship; or
(b) in the vicinity of a security regulated offshore facility, being an area to which access is controlled and that surrounds a security regulated ship which is engaged in any activity in relation to the facility.
HSO or head security officer has the meaning given by regulation 1.32.
IMO means the International Maritime Organization.
inter‑State voyage, in relation to a ship, means a voyage (other than an overseas voyage) in the course of which the ship travels between:
(a) a port in a State and a port in another State; or
(b) a port in a State and a port in a Territory; or
(c) a port in a Territory and a port in another Territory;
whether or not the ship travels between 2 or more ports in any one State or Territory in the course of the voyage.
land‑side restricted zone means a type of port security zone, established by the Secretary under subsection 102(1) of the Act, that comprises an area of land or a structure connected directly or indirectly to land, to which access is controlled, within the boundaries of a port facility or of land under the control of a port operator.
large passenger ship means either of the following:
(a) a regulated Australian ship of a kind mentioned in paragraph 16(1)(a) of the Act that has a maximum capacity of 151 or more passengers;
(b) a regulated foreign ship of a kind mentioned in subparagraph 17(1)(b)(i) of the Act that has a maximum capacity of 151 or more passengers.
maritime security outcome means an outcome set out in subsection 3(4) of the Act.
member of the Australian Federal Police has the same meaning as in subsection 4(1) of the Australian Federal Police Act 1979.
official number, for a ship, means the number by which the ship is identified in the Australian Register of Ships mentioned in section 56 of the Shipping Registration Act 1981.
offshore facility zone means a type of offshore security zone, established by the Secretary under subsection 113A(1) of the Act, that comprises the space occupied by an offshore facility.
offshore service provider means a person prescribed by regulation 1.06.
offshore water‑side zone means a type of offshore security zone established by the Secretary under subsection 113A(1) of the Act, that comprises an area of water surrounding an offshore facility at the distance from the facility specified by the Secretary.
OFSO or offshore facility security officer has the meaning given by regulation 1.33.
on‑board restricted area means an on‑board security zone, established by the Secretary under subsection 110(1) of the Act, that comprises an area, to which access is controlled, on board a regulated Australian ship.
OSPSO or offshore service provider security officer has the meaning given by regulation 1.34.
parent: without limiting who is a parent of anyone for the purposes of these Regulations, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975.
PFSO or port facility security officer has the meaning given by regulation 1.25.
pleasure craft means a ship that is used, or intended to be used, wholly for recreational or sporting activities.
pre‑entry information has the meaning given by subregulation 4.80(2).
PSO or port security officer has the meaning given by regulation 1.20.
RFSSO or regulated foreign ship security officer means:
(a) the master of a regulated foreign ship; or
(b) an officer on board a regulated foreign ship who is accountable to the master of the ship for:
(i) ensuring that the ship complies with section 97 of the Act; and
(ii) liaising with company, ship, port and port facility security officers before the ship enters, or while the ship is in, a security regulated port.
security barrier has the meaning given by regulation 6.25.
security plan audit means an audit relating to one or more of the following plans to determine if security measures and procedures set out in the plan have been implemented and complied with:
(a) a maritime security plan;
(b) a ship security plan;
(c) an offshore security plan.
security plan review means a review of one or more of the following plans to determine if security measures and procedures set out in the plan are effective and adequate:
(a) a maritime security plan;
(b) a ship security plan;
(c) an offshore security plan.
ship/facility interface means the interaction that occurs when a ship interacts with an offshore facility so that the facility is directly and immediately affected by activities involving the movement of persons or goods.
ship/port interface means the interaction that occurs when a security regulated ship is directly and immediately affected by activities involving:
(a) the movement of persons or goods; or
(b) the provision of port services to or from the ship.
shore‑based personnel, in relation to a regulated Australian ship, means the body of persons (other than crew) employed by the ship operator for the ship.
small passenger ship means either of the following:
(a) a regulated Australian ship of a kind mentioned in paragraph 16(1)(a) of the Act that has a maximum capacity of more than 12 passengers but not more than 150 passengers;
(b) a regulated foreign ship of a kind mentioned in subparagraph 17(1)(b)(i) of the Act that has a maximum capacity of more than 12 passengers but not more than 150 passengers.
SSO or ship security officer has the meaning given by regulation 1.15.
supply base means a place, at a port or airport, where goods or passengers are loaded on to a vessel or aircraft for transport directly from the place to an offshore facility.
water‑side restricted zone has the meaning given by regulation 1.70.
working day, in relation to the operations of a maritime industry participant, means a day other than a Saturday, a Sunday, or a day that is a public holiday in the State or Territory where the operations are conducted.
(2) An expression used in these Regulations and in the ISPS Code has in these Regulations the same meaning as in the ISPS Code, unless the contrary intention appears.
The purposes of these Regulations are: (a) to ensure that maritime, ship and offshore security plans address specific matters that will satisfy the Secretary that the implementation of the plans will make an appropriate contribution towards the achievement of the maritime security outcomes; and (b) to set out the requirements for maritime, ship and offshore security plans (including matters that must be dealt with in the plans) so that: (i) persons preparing maritime, ship and offshore security plans know what they need to do for the plans to receive approval; and (ii) plans are consistent in terms of layout and general content; and (iii) the criteria for approval of plans are clear; and (c) to prescribe matters that are required, permitted, necessary or convenient to be prescribed, including: (i) requirements in relation to the giving of security and control directions; and (ii) types of port, ship, on‑board and offshore security zones; and (iii) requirements in relation to screening and clearing; and (iv) kinds of weapons and prohibited items.
(1) For paragraph (g) of the definition of maritime industry participant in section 10 of the Act, an operator of a kind set out in subregulation (2) is prescribed if the operator provides port services to security regulated ships. (2) For subregulation (1), the following are the kinds of operators: (a) lighter operator; (b) barge operator; (c) line handling boat operator; (d) pilotage service operator; (e) tug operator.
For paragraph (c) of the definition of offshore industry participant in section 10 of the Act, a person that manages a supply base is prescribed.
(1) Before requesting the Secretary to approve a ship security plan, the ship operator for a regulated Australian ship must designate, in writing, a person within the ship operator’s organisation as security officer (company security officer or CSO) for the ship. (2) A CSO may be designated by name or by reference to a position. (3) The duties and responsibilities of a CSO include: (a) answering any questions about the ship security plan, and acting as contact officer, during the approval process; and (b) implementing and maintaining the ship security plan for the ship; and (c) liaising with the SSO for the ship and with port and port facility security officers; and (d) performing: (i) the duties and responsibilities in section 11.2 of Part A of the ISPS Code; and (ii) any additional duties and responsibilities set out in the ship security plan. (4) The ship operator must ensure that a CSO: (a) has the knowledge and ability to perform the duties of a CSO; and (b) is given the training set out in the ship security plan; and (c) is a suitable person to access and handle security information; and (d) has the authority to act on instructions received from the Secretary.
Note: Example: A CSO must have the authority to implement security directions or a change in the security level.
(1) The ship operator for a regulated Australian ship must designate, in writing, the master, or another crew member, of the ship as security officer (ship security officer or SSO). (2) An SSO may be designated by name or by reference to a position. (3) The duties and responsibilities of an SSO include: (a) maintaining the ship security plan for the ship; and (b) liaising with the CSO for the ship and with ship, port and port facility security officers; and (c) performing: (i) the duties and responsibilities in section 12.2 of Part A of the ISPS Code; and (ii) any additional duties and responsibilities set out in the ship security plan. (4) The ship operator must ensure that an SSO: (a) holds a certificate of proficiency as a ship security officer: (i) issued under the Marine Orders, Part 3 (Seagoing Qualifications); and (ii) that is valid within the meaning of that Part; and (b) is given the training set out in the ship security plan; and (c) is a suitable person to access and handle security information; and (d) has the authority to act on instructions received from the Secretary or ship operator.
Note: Example: An SSO must have the authority to implement security directions or a change in the security level.
(5) An SSO who is not the master of the ship is accountable to the master of the ship.
(1) Before requesting the Secretary to approve a maritime security plan, a port operator for a security regulated port must designate, in writing, a person as security officer (port security officer or PSO). (2) A PSO may be designated by name or by reference to a position. (3) The duties and responsibilities of a PSO include: (a) conducting an initial security survey of the port and facilitating the completion of the security assessment for the port operator’s maritime security plan; and (b) ensuring the development and maintenance of the maritime security plan for the port operator; and (c) implementing the maritime security plan; and (d) undertaking regular security inspections of the port to ensure the effectiveness and adequacy of security measures; and (e) facilitating security plan reviews; and (f) recommending and incorporating modifications to the maritime security plan in order to: (i) correct deficiencies in the plan; or (ii) update the plan to take into account changes to the port; and (g) enhancing security awareness and vigilance of port personnel; and (ga) without limiting paragraph (g), ensuring that port personnel are provided with adequate training in security awareness; and (h) ensuring that standards for personnel with, or who have been assigned, security duties and responsibilities are met and that adequate training is provided to such personnel; and (i) reporting to the relevant authorities, and maintaining records of, occurrences which threaten the security of the port; and (j) liaising with ship and port facility security officers; and (k) coordinating with security, police, fire, ambulance, medical, search and rescue services, as appropriate; and (l) ensuring that security equipment is properly operated, inspected, tested, calibrated and maintained; and (m) when requested by an SSO, assisting in confirming the identity of persons intending to board a ship; and (n) providing advice to the Secretary on the operational and safety aspects of the implementation of security and control directions; and (o) communicating and coordinating the implementation of security and control directions. (4) A port operator must ensure that a PSO: (a) has the knowledge and ability to perform the duties of a PSO; and (b) is given the training set out in the maritime security plan for the port operator; and (c) is a suitable person to access and handle security information; and (d) has the authority to act on instructions received from the Secretary.
(1) Before requesting the Secretary to approve a maritime security plan, a port facility operator must designate, in writing, a person as security officer (port facility security officer or PFSO) for the port facility. (2) A PFSO may be designated by name or by reference to a position. (3) The duties and responsibilities of a PFSO include: (a) facilitating the development, implementation, revision and maintenance of the maritime security plan for the port facility operator; and (b) liaising with ship, company, port and other port facility security officers; and (ba) ensuring that port facility personnel are provided with adequate training in security awareness; and (c) performing: (i) the duties and responsibilities in section 17.2 of Part A of the ISPS Code; and (ii) any additional duties and responsibilities set out in the maritime security plan. (4) A port facility operator must ensure that a PFSO: (a) has the knowledge and ability to perform the duties of a PFSO; and (b) is given the training set out in the maritime security plan for the port facility operator; and (c) is a suitable person to access and handle security information; and (d) has the authority to act on instructions received from the Secretary.
(1) Before requesting the Secretary to approve an offshore security plan, an offshore facility operator must designate, in writing, a person within the operator’s organisation as a security officer (a head security officer or HSO) for all the operator’s facilities. (2) An HSO may be designated by name or by reference to a position. (3) The duties and responsibilities of an HSO include: (a) answering any questions about the plan, and acting as contact officer, during the approval process; and (b) implementing and maintaining the plan for the facility or facilities; and (c) liaising with the OFSO for each facility and with OSPSOs; and (d) performing any additional duties and responsibilities set out in the plan. (4) The offshore facility operator must ensure that an HSO: (a) has the knowledge and ability to perform the duties of an HSO; and (b) is given the training set out in the plan; and (c) is a suitable person to access and handle security information; and (d) has the authority to act on instructions received from the Secretary; and (e) is located in Australia at a place that is not an offshore facility.
Note: Example: For paragraph (4)(d), an HSO must have the authority to implement security directions or a change in the security level.
(1) Before requesting the Secretary to approve an offshore security plan for an offshore facility, an offshore facility operator must designate, in writing, a person as security officer (an OFSO or offshore facility security officer) for the facility. (2) An OFSO may be designated by name or by reference to a position. (3) The duties and responsibilities of an OFSO include: (a) conducting an initial security survey of the facility and facilitating the completion of the security assessment for the security plan; and (b) ensuring the development and maintenance of the security plan; and (c) implementing the security plan; and (d) undertaking regular security inspections of the facility to ensure the effectiveness and adequacy of security measures; and (e) facilitating security plan reviews; and (f) recommending and incorporating modifications to the security plan in order to: (i) correct deficiencies in the plan; or (ii) update the plan to take into account changes to the facility; and (g) enhancing security awareness and vigilance of facility personnel; and (h) ensuring that standards for personnel with, or who have been assigned, security duties and responsibilities are met and that adequate training is provided to the personnel; and (i) reporting to the relevant authorities, and maintaining records of, occurrences which threaten the security of the facility; and (j) liaising with ship security officers and offshore industry participants’ security officers; and (k) coordinating with security, police, fire, ambulance, medical, search and rescue services, as appropriate; and (l) ensuring that security equipment is properly operated, inspected, tested, calibrated and maintained; and (m) confirming the identity of persons intending to enter the facility; and (n) providing advice to the Secretary on the operational and safety aspects of the implementation of security and control directions; and (o) communicating and coordinating the implementation of security and control directions. (4) A facility operator must ensure that an OFSO: (a) has the knowledge and ability to perform the duties of an OFSO; and (b) is given the training set out in the offshore security plan for the facility operator; and (c) is a suitable person to access and handle security information; and (d) has the authority to act on instructions received from the Secretary.
(1) Before requesting the Secretary to approve an offshore security plan, an offshore service provider must designate, in writing, a person as security officer (an offshore service provider security officer or OSPSO) for the service. (2) An OSPSO may be designated by name or by reference to a position. (3) The duties and responsibilities of an OSPSO include: (a) conducting an initial security survey of the activities of the service provider and facilitating the completion of the security assessment for the security plan; and (b) ensuring the development and maintenance of the security plan; and (c) implementing the security plan; and (d) undertaking regular security inspections of the service provider’s supply base to ensure that the security measures are adequate and as effective as possible; and (e) facilitating security plan reviews; and (f) recommending and incorporating modifications to the security plan in order to: (i) correct deficiencies in the plan; or (ii) update the plan to take into account changes to the facility; and (g) enhancing security awareness and vigilance of the service provider’s personnel; and (h) ensuring that standards for personnel with, or who have been assigned, security duties and responsibilities are met and that adequate training is provided to the personnel; and (i) reporting to the relevant authorities, and maintaining records of, occurrences which threaten the security of the service provider; and (j) liaising with the security officers of ships and offshore industry participants; and (k) coordinating with security, police, fire, ambulance, medical, search and rescue services, as appropriate; and (l) ensuring that security equipment is properly operated, inspected, tested, calibrated and maintained; and (m) when requested by an OFSO, assisting in confirming the identity of persons intending to enter an offshore facility; and (n) providing advice to the Secretary on the operational and safety aspects of the implementation of security and control directions; and (o) communicating and coordinating the implementation of security and control directions. (4) A service provider must ensure that an OSPSO: (a) has the knowledge and ability to perform the duties of an OSPSO; and (b) is given the training set out in the security plan for the service provider; and (c) is a suitable person to access and handle security information; and (d) has the authority to act on instructions received from the Secretary.
(1) A CSO, SSO, PSO, PFSO, HSO, OFSO or OSPSO may delegate, in writing, some or all of his or her powers (except this power of delegation), functions and duties. (2) A delegation under this regulation: (a) may only be made to a person who has the knowledge and ability to exercise or perform the powers, functions or duties to be delegated; and (b) must specify the delegate by name.
The ship operator for a regulated Australian ship must ensure that shore‑based personnel and crew identified in the ship security plan as having security duties and responsibilities: (a) have the knowledge and ability to perform their security‑related duties and responsibilities; and (b) are given the training set out in the plan.
(1) A declaration of security involving a ship and another party must be signed and dated by the master of, or SSO for, the ship and: (a) if the other party to the agreement is also a ship—the master of, or SSO for, that other ship; or (b) if the other party to the agreement is a port operator—the PSO; or (c) if the other party to the agreement is a port facility operator—the PFSO. (1A) A declaration of security involving an offshore facility and another party must be signed and dated by the operator of, or HSO for, the facility and: (a) if the other party to the agreement is a ship—the master of, or SSO for, the ship; or (b) if the other party to the agreement is an offshore industry participant that operates an offshore service—the security officer for the participant. (2) A declaration of security must set out: (a) contact details for the parties and signatories to the agreement; and (b) the period for which the declaration is valid; and (c) the maritime security level in force for each party.
Note: A sample form of a declaration of security is available on the Department’s web site—see http://www.infrastructure.gov.au.
(3) A copy of the declaration of security must be kept by a party to the agreement for a period of 7 years beginning on the day after the declaration ceases to be valid.
(1) A security plan audit or review must be conducted in accordance with the schedule, requirements and procedures set out in the maritime, ship or offshore security plan. (2) A security plan review must be conducted as soon as practicable after a maritime transport or offshore facility security incident. (3) The records of each security plan audit or review must be kept for a period of 7 years beginning on the day after the audit or review is concluded.
(1) A regulated Australian ship must keep a record of the following information in relation to the ship: (a) unless paragraph (aa) applies—the approved ship security plan for the ship; (aa) if the Secretary has, in accordance with section 61A of the Act, granted the ship operator an exemption from the operation of Division 2 of Part 4 of the Act—a copy of the exemption; (b) whether the ship possesses a valid ISSC; (ba) if the Secretary has, in accordance with section 79A of the Act, granted the ship operator an exemption from the operation of Division 6 of Part 4 of the Act—a copy of the exemption; (c) the period of validity, and the name of the issuing authority, of the ISSCs possessed by the ship; (d) the security level at which the ship is operating; (e) the security levels at which the ship operated at ports and offshore facilities, and specific periods during which the ship operated at those levels, while conducting ship/port interfaces and ship/facility interfaces; (f) any special or additional security measures that were implemented by the ship in any port or offshore facility where it conducted ship/port interface or ship/facility interface; (g) whether appropriate ship security procedures were maintained during any ship to ship activity; (h) if ship security procedures referred to in paragraph (g) were maintained—the procedures and the specific periods during which those procedures were maintained; (i) training, drills and exercises; (j) security threats and maritime transport security incidents; (k) breaches of security; (l) changes to security levels; (m) communications relating to the direct security of the ship (such as specific threats to the ship or to port or offshore facilities used in connection with the loading or unloading of the ship); (n) ship security plan audits and reviews; (o) periodic review of ship security assessments; (p) periodic ship security plan reviews; (q) implementation of any amendments to the ship security plan; (r) inspection, testing, calibration and maintenance of security equipment (including ship security alert system); (s) other practical security‑related information in accordance with regulation XI‑2/9.2.1 of the SOLAS Convention.
Note: For the definition of SOLAS Convention, see section 10 of the Act.
(2) For the definition of ship security record in section 10 of the Act, the following are prescribed to be kept on, by and for a regulated Australian ship: (a) a document made for the purposes of keeping records required under subregulation (1); (b) any information included in such a document. (3) Ship security records must be made available for inspection in accordance with the Act and these Regulations. (3A) Ship security records in relation to the following matters must be made available for inspection at the request of a person who is authorised by a contracting government to inspect the records: (a) the security level at which the ship is operating; (b) the security level at which the ship operated in the last 10 ports of call where it conducted ship/port interface or ship/facility interface; (c) any special or additional security measures that were implemented by the ship in the last 10 ports of call; (d) any ship security procedures maintained by the ship in the last 10 ports of call where it conducted ship to ship activities; (e) the name of the person responsible for appointing: (i) the ship’s crew; and (ii) other persons employed or engaged in any capacity on board the ship and on the business of the ship; (f) the name of the person who decides how the ship is to be employed; (g) if the ship is employed under the terms of a charter party or of charter parties, the names of the parties to the charter arrangements; (h) other practical security‑related information (except details of the ship security plan for the ship) in accordance with regulation XI‑2/9.2.1 of the SOLAS Convention.
Note 1: For the definition of SOLAS Convention, see section 10 of the Act.
Note 2: For provisions that identify who may inspect the ISSC for a regulated Australian ship, see regulation 4.145 and subparagraphs 139(2)(e)(i) and 148(2)(c)(i) of the Act.
(4) Ship security records must be kept on board the ship for a period of 7 years beginning on: (a) in the case of a document—the date of the document or, if the document consists of a series of entries, the date when the latest entry is made on the document; or (b) in the case of information—the date when the information was obtained or, if the information is part of a document that consists of a series of entries, the date when the latest entry is made on the document.
For the definition of ship security record in section 10 of the Act, the following are prescribed to be kept on, by and for a regulated foreign ship: (a) confirmation that a valid ISSC, or approved ISSC equivalent under subsection 91(3) of the Act, is on board the ship; (b) the name of the authority that issued the ship’s ISSC or approved ISSC equivalent; (c) the date when the ISSC or approved ISSC equivalent expires; (d) any document made for the purpose of keeping records in relation to: (i) the security level at which the ship is operating; and (ii) the security level at which the ship operated in the last 10 ports of call where the ship conducted ship/port interface or ship/facility interface; and (iii) whether the ship implemented any special or additional security measures in the last 10 ports of call; and (iv) whether appropriate security‑related procedures were maintained in the last 10 ports of call where the ship conducted ship to ship activities; (e) the name of the person responsible for appointing: (i) the ship’s crew; and (ii) other persons employed or engaged in any capacity on board the ship and on the business of the ship; (f) the name of the person who decides how the ship is to be employed; (g) if the ship is employed under the terms of a charter party or of charter parties—the names of the parties to the charter arrangements; (h) other practical security‑related information (except details of the ship security plan for the ship) in accordance with regulation XI‑2/9.2.1 of the SOLAS Convention.
Note: For the definition of SOLAS Convention, see section 10 of the Act.
For the definition of prohibited item in section 10 of the Act, the following are prescribed: (a) an imitation or replica of a firearm; (b) an imitation or replica of a bomb, grenade, rocket, missile or mine.
(1) For the definition of weapon in section 10 of the Act, a thing set out or described in column 2 of an item in table 1.65 is a weapon. (2) Despite anything in table 1.65, a flare or other incendiary safety device is not a weapon if it is carried on board a ship or is kept on an offshore facility as part of the ship’s, or facility’s, safety or signalling equipment.
Table 1.65 Weapons
| Item | Things or description of things |
|---|---|
| 1 | Bombs and grenades |
| 2 | Live rockets or missiles |
| 3 | Things, other than those included in items 1 and 2:(a) that are, or in the nature of, explosives or incendiary devices; or(b) that contain or expel gas or other irritants (such as tear gas canisters and smoke cartridges), whether or not live |
| 4 | Flame throwers that are of military design, or other devices that are capable of projecting ignited incendiary fuel |
| 5 | Crossbows or other similar devices consisting of a bow fitted transversely on a stock that has a groove or barrel designed to direct an arrow or bolt |
| 6 | Electromagnetic weapons, or other devices made or modified to emit electromagnetic radiation so as to injure or disable a person |
| 7 | Acoustic or light emitting anti personnel devices |
| 8 | Rocket launchers, recoilless rifles, antitank rifles, bazookas or rocket‑propelled‑grenade‑type launchers |
(1) A port security zone, established by the Secretary under subsection 102(1) of the Act, that comprises an area of water within a security regulated port is a water‑side restricted zone if: (a) the area is one where a security regulated ship may berth, anchor or moor; and (b) access to the area is controlled. (2) A water‑side restricted zone extends below the water level to the seabed and under any wharf adjacent to the zone.
For paragraph 16(1)(d) of the Act, an Australian ship that: (a) is capable of being used to carry both passengers and vehicles on inter‑State voyages; and (b) is used to carry both passengers and vehicles on inter‑State voyages; is prescribed.
For subsection 16(2) of the Act, a passenger ship (whether or not also a cargo ship) used for overseas voyages is not a regulated Australian ship if the ship is a pleasure craft that is not engaged in trade.
For subsection 17(2) of the Act, a foreign ship that meets the requirements of paragraphs 17(1)(b) to (d) of the Act is not a regulated foreign ship if: (a) the ship is owned or operated by a contracting government and is used, for the time being, only on government non‑commercial service; or (b) the ship is a pleasure craft that is not engaged in trade.
Note: This Division heading is reserved for future use.
Note: This Division heading is reserved for future use.
(1) This regulation applies to notifying declarations, or revocations of declarations, under Division 3 of Part 2 of the Act. (2) The Secretary or port operator must notify a declaration or revocation: (a) orally (for example, by telephone or radio communication); or (b) in writing; or (c) by electronic transmission (for example, by fax or e‑mail).
If it is reasonable and practicable to do so, the Secretary must consult with the following about giving a security direction that relates to the movement of ships within, or in or out of, a security regulated port or in an offshore water‑side zone: (a) maritime industry or offshore industry participants who will be affected by the direction; (b) agencies of the Commonwealth, a State or Territory whose operations in the port will be affected by the direction; (c) persons, other than those mentioned in paragraph (a) or (b), who need to implement, or comply with, the direction.
Note: Examples: For paragraph (c), harbour masters and PSOs.
(1) Subject to subsections 35(2) and 38(3) of the Act, the Secretary must give a security direction, or notify a person of the revocation of a security direction under subsection 38(2) of the Act: (a) orally (for example, by telephone or radio communication); or (b) in writing; or (c) by electronic transmission (for example, by fax or e‑mail).
Note: Under subsection 33(4) of the Act, a security direction has no effect until the Secretary commits the direction to writing.
(2) Each of the following: (a) a port operator required to communicate a security direction under subsection 35(3) of the Act; (b) an offshore facility operator required to communicate a security direction under subsection 35(8) of the Act; (c) a ship operator required to communicate a security direction under subsection 36(2) of the Act; must do so using any of the means set out in subregulation (1).
A security assessment for a maritime security plan must include the following matters: (a) the date when the assessment was completed or reviewed; (b) the scope of the assessment, including assets, infrastructure and operations assessed; (c) a summary of how the assessment was conducted, including details of the risk management process adopted; (d) the skills and experience of the key persons who completed or participated in the assessment.
A maritime security plan for a port operator or port facility operator must set out: (a) a schedule of security plan audits; and (b) the circumstances, in addition to the occurrence of a maritime transport security incident, following which a security plan review must be conducted; and (c) the procedures for conducting a security plan audit, including a process for selecting auditors who are independent of the matters being audited; and (d) the procedures for conducting a security plan review, including a process for consultation during the review.
(1) A map mentioned in sections 49 or 52A of the Act must be A3 or A4 size, or in an electronic format, and include the following: (a) a title; (b) a linear scale; (c) a north point; (d) a legend; (e) if the map contains map projections—details of the projections; (f) if the maritime security plan to which the map relates details security regulated port boundaries—coordinates to clearly define those boundaries; (g) if the maritime security plan to which the map relates details port security zone boundaries—coordinates to clearly define those boundaries; (h) if inserts are used on the map—a numbered map for each insert corresponding to the number for the insert on the main map; (i) the date the map was produced; (j) the name of the person who created the map. (2) Each map for a maritime security plan must be a separate map.
A port operator and port facility operator must ensure that the maritime security plan for the operator is protected against unauthorised access, amendment and disclosure.
A port operator required to have a maritime security plan must give to each port facility operator conducting operations within the security regulated port: (a) the information set out in regulation 3.35 (including contact details for the PSO); and (b) the measures to be used by the port operator to inform persons of the location of maritime security zones established within the boundaries of the security regulated port; and (c) the measures to confirm the identity of persons who are authorised to have access to maritime security zones established within the boundaries of the security regulated port.
(1) A port facility operator required to have a maritime security plan must give to the port operator of the security regulated port: (a) the information set out in regulation 3.100 (including contact details for the PFSO); and (b) the measures to be used by the port facility operator to inform persons of the location of any port security zones established within the boundaries of the port facility; and (c) the measures to confirm the identity of persons who are authorised to have access to the port facility, to ships moored at the facility and to any port security zones established within the boundaries of the port facility. (2) A port facility operator required to have a maritime security plan must also give to the port operator details of the boundaries of the facility.
A maritime security plan for a port operator must cover all matters of ship/port interface: (a) that are to be conducted within the security regulated port; and (b) that are not covered by a maritime security plan for any other maritime industry participant that conducts operations within, or in connection with, the security regulated port.
(1) A maritime security plan for a port operator must be accompanied by a document setting out the following information: (a) name of the port operator; (b) contact details for the port operator; (c) name of the Chief Executive Officer of the port operator; (d) name of the port for which the port operator has been designated; (e) name of the port’s harbour master; (f) contact details for the harbour master; (g) name or position of the person who is to be the PSO for the port; (h) the contact details for the PSO. (2) A port operator must, within 2 working days after the port operator becomes aware of a change in any of the information given under this regulation, notify the Secretary, in writing, of the change.
Penalty: 20 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
In addition to the matters required under regulation 3.05, the security assessment that must be included in a maritime security plan for a port operator must include the following matters: (a) a statement outlining the risk context or threat situation for the port; (b) identification and evaluation of strategically important assets, infrastructure and operations that need to be protected; (c) identification of possible risks or threats to assets, infrastructure and operations, and the likelihood and consequences of their occurrence; (d) identification of existing security measures, procedures and operations; (e) identification of gaps in port‑wide security arrangements, including gaps arising from port infrastructure, human factors, policies and procedures; (f) identification, selection and prioritisation of possible risk treatments (for example, counter‑measures and procedural changes that need to be implemented) and their effectiveness in reducing risk levels and vulnerabilities.
A maritime security plan for a port operator must set out: (a) the knowledge, skills and other requirements for the PSO; and (b) the training or qualifications that satisfy the requirements referred to in paragraph (a); and (c) the training that must be given to the PSO.
(1) A maritime security plan for a port operator must identify, by reference to their positions, port personnel with, or who have been assigned, security duties and responsibilities in addition to those of the PSO. (2) The security duties and responsibilities of personnel so identified must be set out in the plan, together with: (a) the knowledge, skills and other requirements for the security‑related aspects of their positions; and (b) the training or qualifications that satisfy the requirements referred to in paragraph (a); and (c) the training that must be given to such personnel.
A maritime security plan for a port operator must address, in addition to the matters required under regulation 3.10, the following matters: (a) measures to prevent unauthorised access to any port security zones established, or ship security zones declared, in the security regulated port; (b) procedures for responding to security threats or breaches of security, including procedures for maintaining critical operations in the port; (c) procedures for responding to any security directions given by the Secretary; (d) procedures for evacuation of the port in case of security threats or breaches of security; (e) procedures for drills and exercises associated with the plan; (f) procedures for interfacing with ship security activities; (g) procedures for modifying the plan to correct deficiencies or to update the plan to take into account changes to the port; (h) procedures for reporting occurrences which threaten the security of the port; (i) measures to ensure the security of the information contained in the plan; (j) procedures in case the ship security alert system of a ship is activated while in the security regulated port.
Note: A maritime security plan for a port operator must be accompanied by a map covering the whole security regulated port and showing the port security zones established within the port (see subsections 49(2) and (3) of the Act and regulation 3.90).
(1) A maritime security plan for a port operator must set out a mechanism for consultation: (a) between the port operator and each of the maritime industry participants conducting operations within the security regulated port, for the purpose of coordinating their security‑related activities; and (b) between the port operator and its employees (or their representatives) regarding security measures and procedures to be implemented. (2) A maritime security plan for a port operator must set out how the port operator will give notice under subsections 27(2) and 35(4) of the Act.
A maritime security plan for a port operator must set out, in relation to maritime security level 1: (a) the security measures, identified in the security assessment for the operation, for implementation at that level; and (b) the measures that have been implemented; and (c) a schedule for implementing the measures that have not been implemented; and (d) any interim measures that will be implemented until the measures referred to in paragraph (c) are fully implemented.
A maritime security plan for a port operator must set out, in relation to maritime security levels 2 and 3, the additional security measures that the operator will implement if the Secretary declares that maritime security level 2 or 3 is in force for the port.
A maritime security plan for a port operator must provide for: (a) the circumstances in which the operator will request a declaration of security with a ship; and (b) the procedures for negotiating the security measures and responsibilities of the operator and of the ship in those circumstances; and (c) how security measures identified in a declaration will be implemented to ensure compliance by the operator and the ship with their security plans and with the declaration.
(1) If a port operator wishes the Secretary to establish a land‑side restricted zone, the maritime security plan for the port operator must set out: (a) the purpose for the proposed establishment of the zone; and (b) the boundaries of the zone; and (c) if applicable, the period when, or the circumstances in which, the zone is in force; and (d) the security measures and procedures to be taken to control access into the zone by people, vehicles or things; and (e) steps to be taken to inform people that a land‑side restricted zone is in force and that entry into the zone without authority is an offence; and (f) the name or position of the person or persons responsible for the security measures, procedures or steps referred to in paragraphs (d) and (e). (2) A maritime security plan for a port operator must set out security measures and procedures to monitor and control access to land‑side restricted zones, including measures to detect and deter unauthorised access to those zones.
(1) If a port operator wishes the Secretary to establish a water‑side restricted zone, the maritime security plan for the port operator must set out: (a) the purpose for the proposed establishment of the zone; and (b) the boundaries of the zone; and (c) if applicable, the period when, or the circumstances in which, the zone is in force; and (d) the security measures and procedures to be taken to control access into the zone by people, vessels or things; and (e) steps to be taken to inform people that a water‑side restricted zone is in force and that entry into the zone without authority is an offence; and (f) the name or position of the person or persons responsible for the security measures, procedures or steps referred to in paragraphs (d) and (e). (2) A maritime security plan for a port operator must set out security measures and procedures to monitor and control access to water‑side restricted zones, including measures to detect and deter unauthorised access to those zones.
A maritime security plan for a port operator must set out security measures and procedures to monitor and control access to ship security zones, including measures to detect and deter unauthorised access to those zones.
A maritime security plan for a port facility operator must be accompanied by a document setting out the following information: (a) name of the port facility operator; (b) contact details for the port facility operator; (c) name of the Chief Executive Officer of the port facility operator; (d) name and location of the port facility; (e) name of the port in which the facility is located; (f) name or position of the person who is to be the PFSO for the facility; (g) the contact details for the PFSO.
A maritime security plan for a port facility operator must be accompanied by a document setting out the name of, and contact details for, the PSO of the security regulated port in which the facility is located.
(1) A port facility operator must, within 2 working days after the port facility operator becomes aware of a change in any of the information given under regulation 3.100 or 3.105, notify the Secretary, in writing, of the change.
Penalty: 20 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(1) In addition to the matters required under regulation 3.05, a security assessment for a port facility operator’s operation must include the following matters: (a) a statement outlining the risk context or threat situation for the port facility; (b) identification and evaluation of important assets, infrastructure and operations that need to be protected; (c) identification of possible risks or threats to assets, infrastructure and operations, and the likelihood and consequences of their occurrence; (d) identification of existing security measures, procedures and operations; (e) identification of weaknesses (including human factors) in the infrastructure, policies and procedures; (f) identification, selection and prioritisation of possible risk treatments (for example, counter‑measures and procedural changes that need to be implemented) and their effectiveness in reducing risk levels and vulnerabilities. (2) A security assessment for a port facility operator’s operation must consider: (a) the types of ships, and the types of cargoes transported by ships, served by the port facility; and (b) any special risks or threats associated with such ships and cargoes.
A maritime security plan for a port facility operator must set out: (a) the knowledge, skills and other requirements for the PFSO; and (b) the training or qualifications that satisfy the requirements referred to in paragraph (a); and (c) the training that must be given to the PFSO.
(1) A maritime security plan for a port facility operator must identify, by reference to their positions, port facility personnel with, or who have been assigned, security duties and responsibilities in addition to those of the PFSO. (2) The security duties and responsibilities of personnel so identified must be set out in the plan, together with: (a) the knowledge, skills and other requirements for the security‑related aspects of their positions; and (b) the training or qualifications that satisfy the requirements referred to in paragraph (a); and (c) the training that must be given to such personnel.
(1) A maritime security plan for a port facility operator must address, in addition to the matters required under regulation 3.10, the following matters: (a) measures to prevent unauthorised carriage or possession of weapons or prohibited items in the facility or on board ships being loaded or unloaded at the facility; (b) measures to prevent unauthorised access to the port facility, to ships moored at the facility and to any port security zones established within the boundaries of the port facility; (c) procedures for responding to security threats or breaches of security, including procedures for maintaining critical operations in the port facility or ship/port interface; (d) procedures for responding to any security directions given by the Secretary; (e) procedures for evacuation of the port facility in case of security threats or breaches of security; (f) procedures for drills and exercises associated with the plan; (g) procedures for interfacing with ship security activities; (h) procedures for modifying the plan to correct deficiencies or to update the plan to take into account changes to the port facility; (i) procedures for reporting occurrences which threaten the security of the port facility; (j) measures to ensure the security of the information contained in the plan; (k) measures to ensure security of cargo and of cargo handling equipment at the facility; (l) procedures in case the ship security alert system of a ship is activated while in the security regulated port; (m) procedures for facilitating: (i) shore leave or relief of crew; and (ii) access by visitors (including representatives of seafarers’ welfare and of labour organisations). (2) In determining appropriate measures for paragraphs (1)(a) and (b), the port facility operator must have regard to the special risks or threats associated with the types of ships, and the types of cargoes transported by ships, regularly served by the port facility.
Note: A maritime security plan for a port facility operator must be accompanied by a map showing any port security zones established within the facility (see paragraph 49(2)(a) of the Act and regulation 3.165).
A maritime security plan for a port facility operator must set out, for the purpose of coordinating security‑related activities, a mechanism for consultation: (a) between the port facility operator and the port operator; and (b) between the port facility operator and any stakeholder who may be affected by the implementation of the plan; and (c) between the port facility operator and its employees (or their representatives) regarding security measures and procedures to be implemented.
A maritime security plan for a port facility operator must set out, in relation to maritime security level 1: (a) the security measures, identified in the security assessment for the operation, for implementation at that level; and (b) the measures that have been implemented; and (c) a schedule for implementing the measures that have not been implemented; and (d) any interim measures that will be implemented until the measures referred to in paragraph (c) are fully implemented.
A maritime security plan for a port facility operator must set out, in relation to maritime security levels 2 and 3, the additional security measures that the operator will implement if the Secretary declares that maritime security level 2 or 3 is in force for the port.
A maritime security plan for a port facility operator must provide for: (a) the circumstances in which the operator will request a declaration of security with a ship; and (b) the procedures for negotiating the security measures and responsibilities of the operator and of the ship in those circumstances; and (c) how security measures identified in a declaration will be implemented to ensure compliance by the operator and the ship with their security plans and with the declaration.
(1) If a port facility operator wishes the Secretary to establish a land‑side restricted zone, the maritime security plan for the port facility operator must set out: (a) the purpose for the proposed establishment of the zone; and (b) the boundaries of the zone; and (c) if applicable, the period when, or the circumstances in which, the zone is in force; and (d) the security measures and procedures to be taken to control access into the zone by people, vehicles or things, (including measures relating to the entry, parking, loading and unloading of vehicles, and the movement and storage of cargo, stores and baggage); and (e) steps to be taken to inform people that a land‑side restricted zone is in force and that entry into the zone without authority is an offence; and (f) the name or position of the person or persons responsible for the security measures, procedures or steps referred to in paragraphs (d) and (e). (2) A maritime security plan for a port facility operator must set out security measures and procedures to monitor and control access to land‑side restricted zones, including measures to detect and deter unauthorised access to those zones.
(1) If a port facility operator wishes the Secretary to establish a cleared zone, the maritime security plan for the port facility operator must set out: (a) the purpose for the proposed establishment of the zone; and (b) the boundaries of the zone; and (c) if applicable, the period when, or the circumstances in which, the zone is in force; and (d) the security measures and procedures to be taken to control access into the zone by people, vehicles or things, (including measures relating to the entry, parking, loading and unloading of vehicles, and the movement and storage of cargo, stores and baggage); and (e) steps to be taken to inform people that a cleared zone is in force and that is an offence to enter the zone without the required screening and clearance; and (f) the name or position of each person responsible for the security measures, procedures or steps referred to in paragraphs (d) and (e). (2) A maritime security plan for a port facility operator must set out measures and procedures to ensure that persons and goods are screened and cleared in accordance with these Regulations before they are allowed to enter and remain in any cleared zone established in the port facility.
(1) If a port facility operator wishes to operate a port facility for use in connection with the loading or unloading of security regulated ships that are passenger ships, the maritime security plan for the port facility operator must set out: (a) procedures for screening and clearing persons and their baggage; and (b) procedures for detecting weapons and prohibited items; and (c) procedures for surrender and dealing with weapons and prohibited items that are detected; and (d) the name or position of the person or persons responsible for the procedures referred to in paragraphs (a), (b) and (c). (1A) Paragraph (1)(a) applies in relation to the loading or unloading of the following: (a) a regulated Australian ship of a kind mentioned in paragraph 16(1)(a) of the Act; (b) a regulated foreign ship of a kind mentioned in subparagraph 17(1)(b)(i) of the Act. (2) If in a port facility there is no screening point through which persons who are required to be screened and cleared to board a security regulated ship must pass, the procedures for screening and clearing persons referred to in paragraph (1)(a) must include procedures for making arrangements, between the port facility operator and the master of a ship that is moored at the facility, for persons to be screened and cleared on board the ship immediately after they board.
(1) This regulation applies to notifying declarations, or revocations of declarations, under Division 3 of Part 2 of the Act. (2) The Secretary or port operator must notify a declaration or revocation: (a) orally (for example, by telephone or radio communication); or (b) in writing; or (c) by electronic transmission (for example, by fax or e‑mail).
(1) This regulation applies to notifying declarations, or revocations of declarations, under Division 3 of Part 2 of the Act. (2) The Secretary or port operator must notify a declaration or revocation: (a) orally (for example, by telephone or radio communication); or (b) in writing; or (c) by electronic transmission (for example, by fax or e‑mail).
If it is reasonable and practicable to do so, the Secretary must consult with the following about giving a security direction that relates to the movement of ships within, or in or out of, a security regulated port or in an offshore water‑side zone: (a) maritime industry or offshore industry participants who will be affected by the direction; (b) agencies of the Commonwealth, a State or Territory whose operations in the port will be affected by the direction; (c) persons, other than those mentioned in paragraph (a) or (b), who need to implement, or comply with, the direction.
Note: Examples: For paragraph (c), harbour masters and PSOs.
(1) Subject to subsections 35(2) and 38(3) of the Act, the Secretary must give a security direction, or notify a person of the revocation of a security direction under subsection 38(2) of the Act: (a) orally (for example, by telephone or radio communication); or (b) in writing; or (c) by electronic transmission (for example, by fax or e‑mail).
Note: Under subsection 33(4) of the Act, a security direction has no effect until the Secretary commits the direction to writing.
(2) Each of the following: (a) a port operator required to communicate a security direction under subsection 35(3) of the Act; (b) an offshore facility operator required to communicate a security direction under subsection 35(8) of the Act; (c) a ship operator required to communicate a security direction under subsection 36(2) of the Act; must do so using any of the means set out in subregulation (1).
A security assessment for a maritime security plan must include the following matters: (a) the date when the assessment was completed or reviewed; (b) the scope of the assessment, including assets, infrastructure and operations assessed; (c) a summary of how the assessment was conducted, including details of the risk management process adopted; (d) the skills and experience of the key persons who completed or participated in the assessment.
A maritime security plan for a port operator or port facility operator must set out: (a) a schedule of security plan audits; and (b) the circumstances, in addition to the occurrence of a maritime transport security incident, following which a security plan review must be conducted; and (c) the procedures for conducting a security plan audit, including a process for selecting auditors who are independent of the matters being audited; and (d) the procedures for conducting a security plan review, including a process for consultation during the review.
(1) A map mentioned in sections 49 or 52A of the Act must be A3 or A4 size, or in an electronic format, and include the following: (a) a title; (b) a linear scale; (c) a north point; (d) a legend; (e) if the map contains map projections—details of the projections; (f) if the maritime security plan to which the map relates details security regulated port boundaries—coordinates to clearly define those boundaries; (g) if the maritime security plan to which the map relates details port security zone boundaries—coordinates to clearly define those boundaries; (h) if inserts are used on the map—a numbered map for each insert corresponding to the number for the insert on the main map; (i) the date the map was produced; (j) the name of the person who created the map. (2) Each map for a maritime security plan must be a separate map.
A port operator and port facility operator must ensure that the maritime security plan for the operator is protected against unauthorised access, amendment and disclosure.
A port operator required to have a maritime security plan must give to each port facility operator conducting operations within the security regulated port: (a) the information set out in regulation 3.35 (including contact details for the PSO); and (b) the measures to be used by the port operator to inform persons of the location of maritime security zones established within the boundaries of the security regulated port; and (c) the measures to confirm the identity of persons who are authorised to have access to maritime security zones established within the boundaries of the security regulated port.
(1) A port facility operator required to have a maritime security plan must give to the port operator of the security regulated port: (a) the information set out in regulation 3.100 (including contact details for the PFSO); and (b) the measures to be used by the port facility operator to inform persons of the location of any port security zones established within the boundaries of the port facility; and (c) the measures to confirm the identity of persons who are authorised to have access to the port facility, to ships moored at the facility and to any port security zones established within the boundaries of the port facility. (2) A port facility operator required to have a maritime security plan must also give to the port operator details of the boundaries of the facility.
A maritime security plan for a port operator must cover all matters of ship/port interface: (a) that are to be conducted within the security regulated port; and (b) that are not covered by a maritime security plan for any other maritime industry participant that conducts operations within, or in connection with, the security regulated port.
(1) A maritime security plan for a port operator must be accompanied by a document setting out the following information: (a) name of the port operator; (b) contact details for the port operator; (c) name of the Chief Executive Officer of the port operator; (d) name of the port for which the port operator has been designated; (e) name of the port’s harbour master; (f) contact details for the harbour master; (g) name or position of the person who is to be the PSO for the port; (h) the contact details for the PSO. (2) A port operator must, within 2 working days after the port operator becomes aware of a change in any of the information given under this regulation, notify the Secretary, in writing, of the change.
Penalty: 20 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
In addition to the matters required under regulation 3.05, the security assessment that must be included in a maritime security plan for a port operator must include the following matters: (a) a statement outlining the risk context or threat situation for the port; (b) identification and evaluation of strategically important assets, infrastructure and operations that need to be protected; (c) identification of possible risks or threats to assets, infrastructure and operations, and the likelihood and consequences of their occurrence; (d) identification of existing security measures, procedures and operations; (e) identification of gaps in port‑wide security arrangements, including gaps arising from port infrastructure, human factors, policies and procedures; (f) identification, selection and prioritisation of possible risk treatments (for example, counter‑measures and procedural changes that need to be implemented) and their effectiveness in reducing risk levels and vulnerabilities.
A maritime security plan for a port operator must set out: (a) the knowledge, skills and other requirements for the PSO; and (b) the training or qualifications that satisfy the requirements referred to in paragraph (a); and (c) the training that must be given to the PSO.
(1) A maritime security plan for a port operator must identify, by reference to their positions, port personnel with, or who have been assigned, security duties and responsibilities in addition to those of the PSO. (2) The security duties and responsibilities of personnel so identified must be set out in the plan, together with: (a) the knowledge, skills and other requirements for the security‑related aspects of their positions; and (b) the training or qualifications that satisfy the requirements referred to in paragraph (a); and (c) the training that must be given to such personnel.
A maritime security plan for a port operator must address, in addition to the matters required under regulation 3.10, the following matters: (a) measures to prevent unauthorised access to any port security zones established, or ship security zones declared, in the security regulated port; (b) procedures for responding to security threats or breaches of security, including procedures for maintaining critical operations in the port; (c) procedures for responding to any security directions given by the Secretary; (d) procedures for evacuation of the port in case of security threats or breaches of security; (e) procedures for drills and exercises associated with the plan; (f) procedures for interfacing with ship security activities; (g) procedures for modifying the plan to correct deficiencies or to update the plan to take into account changes to the port; (h) procedures for reporting occurrences which threaten the security of the port; (i) measures to ensure the security of the information contained in the plan; (j) procedures in case the ship security alert system of a ship is activated while in the security regulated port.
Note: A maritime security plan for a port operator must be accompanied by a map covering the whole security regulated port and showing the port security zones established within the port (see subsections 49(2) and (3) of the Act and regulation 3.90).
(1) A maritime security plan for a port operator must set out a mechanism for consultation: (a) between the port operator and each of the maritime industry participants conducting operations within the security regulated port, for the purpose of coordinating their security‑related activities; and (b) between the port operator and its employees (or their representatives) regarding security measures and procedures to be implemented. (2) A maritime security plan for a port operator must set out how the port operator will give notice under subsections 27(2) and 35(4) of the Act.
A maritime security plan for a port operator must set out, in relation to maritime security level 1: (a) the security measures, identified in the security assessment for the operation, for implementation at that level; and (b) the measures that have been implemented; and (c) a schedule for implementing the measures that have not been implemented; and (d) any interim measures that will be implemented until the measures referred to in paragraph (c) are fully implemented.
A maritime security plan for a port operator must set out, in relation to maritime security levels 2 and 3, the additional security measures that the operator will implement if the Secretary declares that maritime security level 2 or 3 is in force for the port.
A maritime security plan for a port operator must provide for: (a) the circumstances in which the operator will request a declaration of security with a ship; and (b) the procedures for negotiating the security measures and responsibilities of the operator and of the ship in those circumstances; and (c) how security measures identified in a declaration will be implemented to ensure compliance by the operator and the ship with their security plans and with the declaration.
(1) If a port operator wishes the Secretary to establish a land‑side restricted zone, the maritime security plan for the port operator must set out: (a) the purpose for the proposed establishment of the zone; and (b) the boundaries of the zone; and (c) if applicable, the period when, or the circumstances in which, the zone is in force; and (d) the security measures and procedures to be taken to control access into the zone by people, vehicles or things; and (e) steps to be taken to inform people that a land‑side restricted zone is in force and that entry into the zone without authority is an offence; and (f) the name or position of the person or persons responsible for the security measures, procedures or steps referred to in paragraphs (d) and (e). (2) A maritime security plan for a port operator must set out security measures and procedures to monitor and control access to land‑side restricted zones, including measures to detect and deter unauthorised access to those zones.
(1) If a port operator wishes the Secretary to establish a water‑side restricted zone, the maritime security plan for the port operator must set out: (a) the purpose for the proposed establishment of the zone; and (b) the boundaries of the zone; and (c) if applicable, the period when, or the circumstances in which, the zone is in force; and (d) the security measures and procedures to be taken to control access into the zone by people, vessels or things; and (e) steps to be taken to inform people that a water‑side restricted zone is in force and that entry into the zone without authority is an offence; and (f) the name or position of the person or persons responsible for the security measures, procedures or steps referred to in paragraphs (d) and (e). (2) A maritime security plan for a port operator must set out security measures and procedures to monitor and control access to water‑side restricted zones, including measures to detect and deter unauthorised access to those zones.
A maritime security plan for a port operator must set out security measures and procedures to monitor and control access to ship security zones, including measures to detect and deter unauthorised access to those zones.
A maritime security plan for a port facility operator must be accompanied by a document setting out the following information: (a) name of the port facility operator; (b) contact details for the port facility operator; (c) name of the Chief Executive Officer of the port facility operator; (d) name and location of the port facility; (e) name of the port in which the facility is located; (f) name or position of the person who is to be the PFSO for the facility; (g) the contact details for the PFSO.
A maritime security plan for a port facility operator must be accompanied by a document setting out the name of, and contact details for, the PSO of the security regulated port in which the facility is located.
(1) A port facility operator must, within 2 working days after the port facility operator becomes aware of a change in any of the information given under regulation 3.100 or 3.105, notify the Secretary, in writing, of the change.
Penalty: 20 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(1) In addition to the matters required under regulation 3.05, a security assessment for a port facility operator’s operation must include the following matters: (a) a statement outlining the risk context or threat situation for the port facility; (b) identification and evaluation of important assets, infrastructure and operations that need to be protected; (c) identification of possible risks or threats to assets, infrastructure and operations, and the likelihood and consequences of their occurrence; (d) identification of existing security measures, procedures and operations; (e) identification of weaknesses (including human factors) in the infrastructure, policies and procedures; (f) identification, selection and prioritisation of possible risk treatments (for example, counter‑measures and procedural changes that need to be implemented) and their effectiveness in reducing risk levels and vulnerabilities. (2) A security assessment for a port facility operator’s operation must consider: (a) the types of ships, and the types of cargoes transported by ships, served by the port facility; and (b) any special risks or threats associated with such ships and cargoes.
A maritime security plan for a port facility operator must set out: (a) the knowledge, skills and other requirements for the PFSO; and (b) the training or qualifications that satisfy the requirements referred to in paragraph (a); and (c) the training that must be given to the PFSO.
(1) A maritime security plan for a port facility operator must identify, by reference to their positions, port facility personnel with, or who have been assigned, security duties and responsibilities in addition to those of the PFSO. (2) The security duties and responsibilities of personnel so identified must be set out in the plan, together with: (a) the knowledge, skills and other requirements for the security‑related aspects of their positions; and (b) the training or qualifications that satisfy the requirements referred to in paragraph (a); and (c) the training that must be given to such personnel.
(1) A maritime security plan for a port facility operator must address, in addition to the matters required under regulation 3.10, the following matters: (a) measures to prevent unauthorised carriage or possession of weapons or prohibited items in the facility or on board ships being loaded or unloaded at the facility; (b) measures to prevent unauthorised access to the port facility, to ships moored at the facility and to any port security zones established within the boundaries of the port facility; (c) procedures for responding to security threats or breaches of security, including procedures for maintaining critical operations in the port facility or ship/port interface; (d) procedures for responding to any security directions given by the Secretary; (e) procedures for evacuation of the port facility in case of security threats or breaches of security; (f) procedures for drills and exercises associated with the plan; (g) procedures for interfacing with ship security activities; (h) procedures for modifying the plan to correct deficiencies or to update the plan to take into account changes to the port facility; (i) procedures for reporting occurrences which threaten the security of the port facility; (j) measures to ensure the security of the information contained in the plan; (k) measures to ensure security of cargo and of cargo handling equipment at the facility; (l) procedures in case the ship security alert system of a ship is activated while in the security regulated port; (m) procedures for facilitating: (i) shore leave or relief of crew; and (ii) access by visitors (including representatives of seafarers’ welfare and of labour organisations). (2) In determining appropriate measures for paragraphs (1)(a) and (b), the port facility operator must have regard to the special risks or threats associated with the types of ships, and the types of cargoes transported by ships, regularly served by the port facility.
Note: A maritime security plan for a port facility operator must be accompanied by a map showing any port security zones established within the facility (see paragraph 49(2)(a) of the Act and regulation 3.165).
A maritime security plan for a port facility operator must set out, for the purpose of coordinating security‑related activities, a mechanism for consultation: (a) between the port facility operator and the port operator; and (b) between the port facility operator and any stakeholder who may be affected by the implementation of the plan; and (c) between the port facility operator and its employees (or their representatives) regarding security measures and procedures to be implemented.
A maritime security plan for a port facility operator must set out, in relation to maritime security level 1: (a) the security measures, identified in the security assessment for the operation, for implementation at that level; and (b) the measures that have been implemented; and (c) a schedule for implementing the measures that have not been implemented; and (d) any interim measures that will be implemented until the measures referred to in paragraph (c) are fully implemented.
A maritime security plan for a port facility operator must set out, in relation to maritime security levels 2 and 3, the additional security measures that the operator will implement if the Secretary declares that maritime security level 2 or 3 is in force for the port.
A maritime security plan for a port facility operator must provide for: (a) the circumstances in which the operator will request a declaration of security with a ship; and (b) the procedures for negotiating the security measures and responsibilities of the operator and of the ship in those circumstances; and (c) how security measures identified in a declaration will be implemented to ensure compliance by the operator and the ship with their security plans and with the declaration.
(1) If a port facility operator wishes the Secretary to establish a land‑side restricted zone, the maritime security plan for the port facility operator must set out: (a) the purpose for the proposed establishment of the zone; and (b) the boundaries of the zone; and (c) if applicable, the period when, or the circumstances in which, the zone is in force; and (d) the security measures and procedures to be taken to control access into the zone by people, vehicles or things, (including measures relating to the entry, parking, loading and unloading of vehicles, and the movement and storage of cargo, stores and baggage); and (e) steps to be taken to inform people that a land‑side restricted zone is in force and that entry into the zone without authority is an offence; and (f) the name or position of the person or persons responsible for the security measures, procedures or steps referred to in paragraphs (d) and (e). (2) A maritime security plan for a port facility operator must set out security measures and procedures to monitor and control access to land‑side restricted zones, including measures to detect and deter unauthorised access to those zones.
(1) If a port facility operator wishes the Secretary to establish a cleared zone, the maritime security plan for the port facility operator must set out: (a) the purpose for the proposed establishment of the zone; and (b) the boundaries of the zone; and (c) if applicable, the period when, or the circumstances in which, the zone is in force; and (d) the security measures and procedures to be taken to control access into the zone by people, vehicles or things, (including measures relating to the entry, parking, loading and unloading of vehicles, and the movement and storage of cargo, stores and baggage); and (e) steps to be taken to inform people that a cleared zone is in force and that is an offence to enter the zone without the required screening and clearance; and (f) the name or position of each person responsible for the security measures, procedures or steps referred to in paragraphs (d) and (e). (2) A maritime security plan for a port facility operator must set out measures and procedures to ensure that persons and goods are screened and cleared in accordance with these Regulations before they are allowed to enter and remain in any cleared zone established in the port facility.
(1) If a port facility operator wishes to operate a port facility for use in connection with the loading or unloading of security regulated ships that are passenger ships, the maritime security plan for the port facility operator must set out: (a) procedures for screening and clearing persons and their baggage; and (b) procedures for detecting weapons and prohibited items; and (c) procedures for surrender and dealing with weapons and prohibited items that are detected; and (d) the name or position of the person or persons responsible for the procedures referred to in paragraphs (a), (b) and (c). (1A) Paragraph (1)(a) applies in relation to the loading or unloading of the following: (a) a regulated Australian ship of a kind mentioned in paragraph 16(1)(a) of the Act; (b) a regulated foreign ship of a kind mentioned in subparagraph 17(1)(b)(i) of the Act. (2) If in a port facility there is no screening point through which persons who are required to be screened and cleared to board a security regulated ship must pass, the procedures for screening and clearing persons referred to in paragraph (1)(a) must include procedures for making arrangements, between the port facility operator and the master of a ship that is moored at the facility, for persons to be screened and cleared on board the ship immediately after they board.
If it is reasonable and practicable to do so, the Secretary must consult with the following about giving a security direction that relates to the movement of ships within, or in or out of, a security regulated port or in an offshore water‑side zone: (a) maritime industry or offshore industry participants who will be affected by the direction; (b) agencies of the Commonwealth, a State or Territory whose operations in the port will be affected by the direction; (c) persons, other than those mentioned in paragraph (a) or (b), who need to implement, or comply with, the direction.
Note: Examples: For paragraph (c), harbour masters and PSOs.
(1) Subject to subsections 35(2) and 38(3) of the Act, the Secretary must give a security direction, or notify a person of the revocation of a security direction under subsection 38(2) of the Act: (a) orally (for example, by telephone or radio communication); or (b) in writing; or (c) by electronic transmission (for example, by fax or e‑mail).
Note: Under subsection 33(4) of the Act, a security direction has no effect until the Secretary commits the direction to writing.
(2) Each of the following: (a) a port operator required to communicate a security direction under subsection 35(3) of the Act; (b) an offshore facility operator required to communicate a security direction under subsection 35(8) of the Act; (c) a ship operator required to communicate a security direction under subsection 36(2) of the Act; must do so using any of the means set out in subregulation (1).
(1) This regulation applies to notifying declarations, or revocations of declarations, under Division 3 of Part 2 of the Act. (2) The Secretary or port operator must notify a declaration or revocation: (a) orally (for example, by telephone or radio communication); or (b) in writing; or (c) by electronic transmission (for example, by fax or e‑mail).
If it is reasonable and practicable to do so, the Secretary must consult with the following about giving a security direction that relates to the movement of ships within, or in or out of, a security regulated port or in an offshore water‑side zone: (a) maritime industry or offshore industry participants who will be affected by the direction; (b) agencies of the Commonwealth, a State or Territory whose operations in the port will be affected by the direction; (c) persons, other than those mentioned in paragraph (a) or (b), who need to implement, or comply with, the direction.
Note: Examples: For paragraph (c), harbour masters and PSOs.
(1) Subject to subsections 35(2) and 38(3) of the Act, the Secretary must give a security direction, or notify a person of the revocation of a security direction under subsection 38(2) of the Act: (a) orally (for example, by telephone or radio communication); or (b) in writing; or (c) by electronic transmission (for example, by fax or e‑mail).
Note: Under subsection 33(4) of the Act, a security direction has no effect until the Secretary commits the direction to writing.
(2) Each of the following: (a) a port operator required to communicate a security direction under subsection 35(3) of the Act; (b) an offshore facility operator required to communicate a security direction under subsection 35(8) of the Act; (c) a ship operator required to communicate a security direction under subsection 36(2) of the Act; must do so using any of the means set out in subregulation (1).
A security assessment for a maritime security plan must include the following matters: (a) the date when the assessment was completed or reviewed; (b) the scope of the assessment, including assets, infrastructure and operations assessed; (c) a summary of how the assessment was conducted, including details of the risk management process adopted; (d) the skills and experience of the key persons who completed or participated in the assessment.
A maritime security plan for a port operator or port facility operator must set out: (a) a schedule of security plan audits; and (b) the circumstances, in addition to the occurrence of a maritime transport security incident, following which a security plan review must be conducted; and (c) the procedures for conducting a security plan audit, including a process for selecting auditors who are independent of the matters being audited; and (d) the procedures for conducting a security plan review, including a process for consultation during the review.
(1) A map mentioned in sections 49 or 52A of the Act must be A3 or A4 size, or in an electronic format, and include the following: (a) a title; (b) a linear scale; (c) a north point; (d) a legend; (e) if the map contains map projections—details of the projections; (f) if the maritime security plan to which the map relates details security regulated port boundaries—coordinates to clearly define those boundaries; (g) if the maritime security plan to which the map relates details port security zone boundaries—coordinates to clearly define those boundaries; (h) if inserts are used on the map—a numbered map for each insert corresponding to the number for the insert on the main map; (i) the date the map was produced; (j) the name of the person who created the map. (2) Each map for a maritime security plan must be a separate map.
A port operator and port facility operator must ensure that the maritime security plan for the operator is protected against unauthorised access, amendment and disclosure.
A port operator required to have a maritime security plan must give to each port facility operator conducting operations within the security regulated port: (a) the information set out in regulation 3.35 (including contact details for the PSO); and (b) the measures to be used by the port operator to inform persons of the location of maritime security zones established within the boundaries of the security regulated port; and (c) the measures to confirm the identity of persons who are authorised to have access to maritime security zones established within the boundaries of the security regulated port.
(1) A port facility operator required to have a maritime security plan must give to the port operator of the security regulated port: (a) the information set out in regulation 3.100 (including contact details for the PFSO); and (b) the measures to be used by the port facility operator to inform persons of the location of any port security zones established within the boundaries of the port facility; and (c) the measures to confirm the identity of persons who are authorised to have access to the port facility, to ships moored at the facility and to any port security zones established within the boundaries of the port facility. (2) A port facility operator required to have a maritime security plan must also give to the port operator details of the boundaries of the facility.
A maritime security plan for a port operator must cover all matters of ship/port interface: (a) that are to be conducted within the security regulated port; and (b) that are not covered by a maritime security plan for any other maritime industry participant that conducts operations within, or in connection with, the security regulated port.
(1) A maritime security plan for a port operator must be accompanied by a document setting out the following information: (a) name of the port operator; (b) contact details for the port operator; (c) name of the Chief Executive Officer of the port operator; (d) name of the port for which the port operator has been designated; (e) name of the port’s harbour master; (f) contact details for the harbour master; (g) name or position of the person who is to be the PSO for the port; (h) the contact details for the PSO. (2) A port operator must, within 2 working days after the port operator becomes aware of a change in any of the information given under this regulation, notify the Secretary, in writing, of the change.
Penalty: 20 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
In addition to the matters required under regulation 3.05, the security assessment that must be included in a maritime security plan for a port operator must include the following matters: (a) a statement outlining the risk context or threat situation for the port; (b) identification and evaluation of strategically important assets, infrastructure and operations that need to be protected; (c) identification of possible risks or threats to assets, infrastructure and operations, and the likelihood and consequences of their occurrence; (d) identification of existing security measures, procedures and operations; (e) identification of gaps in port‑wide security arrangements, including gaps arising from port infrastructure, human factors, policies and procedures; (f) identification, selection and prioritisation of possible risk treatments (for example, counter‑measures and procedural changes that need to be implemented) and their effectiveness in reducing risk levels and vulnerabilities.
A maritime security plan for a port operator must set out: (a) the knowledge, skills and other requirements for the PSO; and (b) the training or qualifications that satisfy the requirements referred to in paragraph (a); and (c) the training that must be given to the PSO.
(1) A maritime security plan for a port operator must identify, by reference to their positions, port personnel with, or who have been assigned, security duties and responsibilities in addition to those of the PSO. (2) The security duties and responsibilities of personnel so identified must be set out in the plan, together with: (a) the knowledge, skills and other requirements for the security‑related aspects of their positions; and (b) the training or qualifications that satisfy the requirements referred to in paragraph (a); and (c) the training that must be given to such personnel.
A maritime security plan for a port operator must address, in addition to the matters required under regulation 3.10, the following matters: (a) measures to prevent unauthorised access to any port security zones established, or ship security zones declared, in the security regulated port; (b) procedures for responding to security threats or breaches of security, including procedures for maintaining critical operations in the port; (c) procedures for responding to any security directions given by the Secretary; (d) procedures for evacuation of the port in case of security threats or breaches of security; (e) procedures for drills and exercises associated with the plan; (f) procedures for interfacing with ship security activities; (g) procedures for modifying the plan to correct deficiencies or to update the plan to take into account changes to the port; (h) procedures for reporting occurrences which threaten the security of the port; (i) measures to ensure the security of the information contained in the plan; (j) procedures in case the ship security alert system of a ship is activated while in the security regulated port.
Note: A maritime security plan for a port operator must be accompanied by a map covering the whole security regulated port and showing the port security zones established within the port (see subsections 49(2) and (3) of the Act and regulation 3.90).
(1) A maritime security plan for a port operator must set out a mechanism for consultation: (a) between the port operator and each of the maritime industry participants conducting operations within the security regulated port, for the purpose of coordinating their security‑related activities; and (b) between the port operator and its employees (or their representatives) regarding security measures and procedures to be implemented. (2) A maritime security plan for a port operator must set out how the port operator will give notice under subsections 27(2) and 35(4) of the Act.
A maritime security plan for a port operator must set out, in relation to maritime security level 1: (a) the security measures, identified in the security assessment for the operation, for implementation at that level; and (b) the measures that have been implemented; and (c) a schedule for implementing the measures that have not been implemented; and (d) any interim measures that will be implemented until the measures referred to in paragraph (c) are fully implemented.
A maritime security plan for a port operator must set out, in relation to maritime security levels 2 and 3, the additional security measures that the operator will implement if the Secretary declares that maritime security level 2 or 3 is in force for the port.
A maritime security plan for a port operator must provide for: (a) the circumstances in which the operator will request a declaration of security with a ship; and (b) the procedures for negotiating the security measures and responsibilities of the operator and of the ship in those circumstances; and (c) how security measures identified in a declaration will be implemented to ensure compliance by the operator and the ship with their security plans and with the declaration.
(1) If a port operator wishes the Secretary to establish a land‑side restricted zone, the maritime security plan for the port operator must set out: (a) the purpose for the proposed establishment of the zone; and (b) the boundaries of the zone; and (c) if applicable, the period when, or the circumstances in which, the zone is in force; and (d) the security measures and procedures to be taken to control access into the zone by people, vehicles or things; and (e) steps to be taken to inform people that a land‑side restricted zone is in force and that entry into the zone without authority is an offence; and (f) the name or position of the person or persons responsible for the security measures, procedures or steps referred to in paragraphs (d) and (e). (2) A maritime security plan for a port operator must set out security measures and procedures to monitor and control access to land‑side restricted zones, including measures to detect and deter unauthorised access to those zones.
(1) If a port operator wishes the Secretary to establish a water‑side restricted zone, the maritime security plan for the port operator must set out: (a) the purpose for the proposed establishment of the zone; and (b) the boundaries of the zone; and (c) if applicable, the period when, or the circumstances in which, the zone is in force; and (d) the security measures and procedures to be taken to control access into the zone by people, vessels or things; and (e) steps to be taken to inform people that a water‑side restricted zone is in force and that entry into the zone without authority is an offence; and (f) the name or position of the person or persons responsible for the security measures, procedures or steps referred to in paragraphs (d) and (e). (2) A maritime security plan for a port operator must set out security measures and procedures to monitor and control access to water‑side restricted zones, including measures to detect and deter unauthorised access to those zones.
A maritime security plan for a port operator must set out security measures and procedures to monitor and control access to ship security zones, including measures to detect and deter unauthorised access to those zones.
A maritime security plan for a port facility operator must be accompanied by a document setting out the following information: (a) name of the port facility operator; (b) contact details for the port facility operator; (c) name of the Chief Executive Officer of the port facility operator; (d) name and location of the port facility; (e) name of the port in which the facility is located; (f) name or position of the person who is to be the PFSO for the facility; (g) the contact details for the PFSO.
A maritime security plan for a port facility operator must be accompanied by a document setting out the name of, and contact details for, the PSO of the security regulated port in which the facility is located.
(1) A port facility operator must, within 2 working days after the port facility operator becomes aware of a change in any of the information given under regulation 3.100 or 3.105, notify the Secretary, in writing, of the change.
Penalty: 20 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(1) In addition to the matters required under regulation 3.05, a security assessment for a port facility operator’s operation must include the following matters: (a) a statement outlining the risk context or threat situation for the port facility; (b) identification and evaluation of important assets, infrastructure and operations that need to be protected; (c) identification of possible risks or threats to assets, infrastructure and operations, and the likelihood and consequences of their occurrence; (d) identification of existing security measures, procedures and operations; (e) identification of weaknesses (including human factors) in the infrastructure, policies and procedures; (f) identification, selection and prioritisation of possible risk treatments (for example, counter‑measures and procedural changes that need to be implemented) and their effectiveness in reducing risk levels and vulnerabilities. (2) A security assessment for a port facility operator’s operation must consider: (a) the types of ships, and the types of cargoes transported by ships, served by the port facility; and (b) any special risks or threats associated with such ships and cargoes.
A maritime security plan for a port facility operator must set out: (a) the knowledge, skills and other requirements for the PFSO; and (b) the training or qualifications that satisfy the requirements referred to in paragraph (a); and (c) the training that must be given to the PFSO.
(1) A maritime security plan for a port facility operator must identify, by reference to their positions, port facility personnel with, or who have been assigned, security duties and responsibilities in addition to those of the PFSO. (2) The security duties and responsibilities of personnel so identified must be set out in the plan, together with: (a) the knowledge, skills and other requirements for the security‑related aspects of their positions; and (b) the training or qualifications that satisfy the requirements referred to in paragraph (a); and (c) the training that must be given to such personnel.
(1) A maritime security plan for a port facility operator must address, in addition to the matters required under regulation 3.10, the following matters: (a) measures to prevent unauthorised carriage or possession of weapons or prohibited items in the facility or on board ships being loaded or unloaded at the facility; (b) measures to prevent unauthorised access to the port facility, to ships moored at the facility and to any port security zones established within the boundaries of the port facility; (c) procedures for responding to security threats or breaches of security, including procedures for maintaining critical operations in the port facility or ship/port interface; (d) procedures for responding to any security directions given by the Secretary; (e) procedures for evacuation of the port facility in case of security threats or breaches of security; (f) procedures for drills and exercises associated with the plan; (g) procedures for interfacing with ship security activities; (h) procedures for modifying the plan to correct deficiencies or to update the plan to take into account changes to the port facility; (i) procedures for reporting occurrences which threaten the security of the port facility; (j) measures to ensure the security of the information contained in the plan; (k) measures to ensure security of cargo and of cargo handling equipment at the facility; (l) procedures in case the ship security alert system of a ship is activated while in the security regulated port; (m) procedures for facilitating: (i) shore leave or relief of crew; and (ii) access by visitors (including representatives of seafarers’ welfare and of labour organisations). (2) In determining appropriate measures for paragraphs (1)(a) and (b), the port facility operator must have regard to the special risks or threats associated with the types of ships, and the types of cargoes transported by ships, regularly served by the port facility.
Note: A maritime security plan for a port facility operator must be accompanied by a map showing any port security zones established within the facility (see paragraph 49(2)(a) of the Act and regulation 3.165).
A maritime security plan for a port facility operator must set out, for the purpose of coordinating security‑related activities, a mechanism for consultation: (a) between the port facility operator and the port operator; and (b) between the port facility operator and any stakeholder who may be affected by the implementation of the plan; and (c) between the port facility operator and its employees (or their representatives) regarding security measures and procedures to be implemented.
A maritime security plan for a port facility operator must set out, in relation to maritime security level 1: (a) the security measures, identified in the security assessment for the operation, for implementation at that level; and (b) the measures that have been implemented; and (c) a schedule for implementing the measures that have not been implemented; and (d) any interim measures that will be implemented until the measures referred to in paragraph (c) are fully implemented.
A maritime security plan for a port facility operator must set out, in relation to maritime security levels 2 and 3, the additional security measures that the operator will implement if the Secretary declares that maritime security level 2 or 3 is in force for the port.
A maritime security plan for a port facility operator must provide for: (a) the circumstances in which the operator will request a declaration of security with a ship; and (b) the procedures for negotiating the security measures and responsibilities of the operator and of the ship in those circumstances; and (c) how security measures identified in a declaration will be implemented to ensure compliance by the operator and the ship with their security plans and with the declaration.
(1) If a port facility operator wishes the Secretary to establish a land‑side restricted zone, the maritime security plan for the port facility operator must set out: (a) the purpose for the proposed establishment of the zone; and (b) the boundaries of the zone; and (c) if applicable, the period when, or the circumstances in which, the zone is in force; and (d) the security measures and procedures to be taken to control access into the zone by people, vehicles or things, (including measures relating to the entry, parking, loading and unloading of vehicles, and the movement and storage of cargo, stores and baggage); and (e) steps to be taken to inform people that a land‑side restricted zone is in force and that entry into the zone without authority is an offence; and (f) the name or position of the person or persons responsible for the security measures, procedures or steps referred to in paragraphs (d) and (e). (2) A maritime security plan for a port facility operator must set out security measures and procedures to monitor and control access to land‑side restricted zones, including measures to detect and deter unauthorised access to those zones.
(1) If a port facility operator wishes the Secretary to establish a cleared zone, the maritime security plan for the port facility operator must set out: (a) the purpose for the proposed establishment of the zone; and (b) the boundaries of the zone; and (c) if applicable, the period when, or the circumstances in which, the zone is in force; and (d) the security measures and procedures to be taken to control access into the zone by people, vehicles or things, (including measures relating to the entry, parking, loading and unloading of vehicles, and the movement and storage of cargo, stores and baggage); and (e) steps to be taken to inform people that a cleared zone is in force and that is an offence to enter the zone without the required screening and clearance; and (f) the name or position of each person responsible for the security measures, procedures or steps referred to in paragraphs (d) and (e). (2) A maritime security plan for a port facility operator must set out measures and procedures to ensure that persons and goods are screened and cleared in accordance with these Regulations before they are allowed to enter and remain in any cleared zone established in the port facility.
(1) If a port facility operator wishes to operate a port facility for use in connection with the loading or unloading of security regulated ships that are passenger ships, the maritime security plan for the port facility operator must set out: (a) procedures for screening and clearing persons and their baggage; and (b) procedures for detecting weapons and prohibited items; and (c) procedures for surrender and dealing with weapons and prohibited items that are detected; and (d) the name or position of the person or persons responsible for the procedures referred to in paragraphs (a), (b) and (c). (1A) Paragraph (1)(a) applies in relation to the loading or unloading of the following: (a) a regulated Australian ship of a kind mentioned in paragraph 16(1)(a) of the Act; (b) a regulated foreign ship of a kind mentioned in subparagraph 17(1)(b)(i) of the Act. (2) If in a port facility there is no screening point through which persons who are required to be screened and cleared to board a security regulated ship must pass, the procedures for screening and clearing persons referred to in paragraph (1)(a) must include procedures for making arrangements, between the port facility operator and the master of a ship that is moored at the facility, for persons to be screened and cleared on board the ship immediately after they board.
(1) This regulation applies to notifying declarations, or revocations of declarations, under Division 3 of Part 2 of the Act. (2) The Secretary or port operator must notify a declaration or revocation: (a) orally (for example, by telephone or radio communication); or (b) in writing; or (c) by electronic transmission (for example, by fax or e‑mail).
If it is reasonable and practicable to do so, the Secretary must consult with the following about giving a security direction that relates to the movement of ships within, or in or out of, a security regulated port or in an offshore water‑side zone: (a) maritime industry or offshore industry participants who will be affected by the direction; (b) agencies of the Commonwealth, a State or Territory whose operations in the port will be affected by the direction; (c) persons, other than those mentioned in paragraph (a) or (b), who need to implement, or comply with, the direction.
Note: Examples: For paragraph (c), harbour masters and PSOs.
(1) Subject to subsections 35(2) and 38(3) of the Act, the Secretary must give a security direction, or notify a person of the revocation of a security direction under subsection 38(2) of the Act: (a) orally (for example, by telephone or radio communication); or (b) in writing; or (c) by electronic transmission (for example, by fax or e‑mail).
Note: Under subsection 33(4) of the Act, a security direction has no effect until the Secretary commits the direction to writing.
(2) Each of the following: (a) a port operator required to communicate a security direction under subsection 35(3) of the Act; (b) an offshore facility operator required to communicate a security direction under subsection 35(8) of the Act; (c) a ship operator required to communicate a security direction under subsection 36(2) of the Act; must do so using any of the means set out in subregulation (1).
A security assessment for a maritime security plan must include the following matters: (a) the date when the assessment was completed or reviewed; (b) the scope of the assessment, including assets, infrastructure and operations assessed; (c) a summary of how the assessment was conducted, including details of the risk management process adopted; (d) the skills and experience of the key persons who completed or participated in the assessment.
A maritime security plan for a port operator or port facility operator must set out: (a) a schedule of security plan audits; and (b) the circumstances, in addition to the occurrence of a maritime transport security incident, following which a security plan review must be conducted; and (c) the procedures for conducting a security plan audit, including a process for selecting auditors who are independent of the matters being audited; and (d) the procedures for conducting a security plan review, including a process for consultation during the review.
(1) A map mentioned in sections 49 or 52A of the Act must be A3 or A4 size, or in an electronic format, and include the following: (a) a title; (b) a linear scale; (c) a north point; (d) a legend; (e) if the map contains map projections—details of the projections; (f) if the maritime security plan to which the map relates details security regulated port boundaries—coordinates to clearly define those boundaries; (g) if the maritime security plan to which the map relates details port security zone boundaries—coordinates to clearly define those boundaries; (h) if inserts are used on the map—a numbered map for each insert corresponding to the number for the insert on the main map; (i) the date the map was produced; (j) the name of the person who created the map. (2) Each map for a maritime security plan must be a separate map.
A port operator and port facility operator must ensure that the maritime security plan for the operator is protected against unauthorised access, amendment and disclosure.
A port operator required to have a maritime security plan must give to each port facility operator conducting operations within the security regulated port: (a) the information set out in regulation 3.35 (including contact details for the PSO); and (b) the measures to be used by the port operator to inform persons of the location of maritime security zones established within the boundaries of the security regulated port; and (c) the measures to confirm the identity of persons who are authorised to have access to maritime security zones established within the boundaries of the security regulated port.
(1) A port facility operator required to have a maritime security plan must give to the port operator of the security regulated port: (a) the information set out in regulation 3.100 (including contact details for the PFSO); and (b) the measures to be used by the port facility operator to inform persons of the location of any port security zones established within the boundaries of the port facility; and (c) the measures to confirm the identity of persons who are authorised to have access to the port facility, to ships moored at the facility and to any port security zones established within the boundaries of the port facility. (2) A port facility operator required to have a maritime security plan must also give to the port operator details of the boundaries of the facility.
A maritime security plan for a port operator must cover all matters of ship/port interface: (a) that are to be conducted within the security regulated port; and (b) that are not covered by a maritime security plan for any other maritime industry participant that conducts operations within, or in connection with, the security regulated port.
(1) A maritime security plan for a port operator must be accompanied by a document setting out the following information: (a) name of the port operator; (b) contact details for the port operator; (c) name of the Chief Executive Officer of the port operator; (d) name of the port for which the port operator has been designated; (e) name of the port’s harbour master; (f) contact details for the harbour master; (g) name or position of the person who is to be the PSO for the port; (h) the contact details for the PSO. (2) A port operator must, within 2 working days after the port operator becomes aware of a change in any of the information given under this regulation, notify the Secretary, in writing, of the change.
Penalty: 20 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
In addition to the matters required under regulation 3.05, the security assessment that must be included in a maritime security plan for a port operator must include the following matters: (a) a statement outlining the risk context or threat situation for the port; (b) identification and evaluation of strategically important assets, infrastructure and operations that need to be protected; (c) identification of possible risks or threats to assets, infrastructure and operations, and the likelihood and consequences of their occurrence; (d) identification of existing security measures, procedures and operations; (e) identification of gaps in port‑wide security arrangements, including gaps arising from port infrastructure, human factors, policies and procedures; (f) identification, selection and prioritisation of possible risk treatments (for example, counter‑measures and procedural changes that need to be implemented) and their effectiveness in reducing risk levels and vulnerabilities.
A maritime security plan for a port operator must set out: (a) the knowledge, skills and other requirements for the PSO; and (b) the training or qualifications that satisfy the requirements referred to in paragraph (a); and (c) the training that must be given to the PSO.
(1) A maritime security plan for a port operator must identify, by reference to their positions, port personnel with, or who have been assigned, security duties and responsibilities in addition to those of the PSO. (2) The security duties and responsibilities of personnel so identified must be set out in the plan, together with: (a) the knowledge, skills and other requirements for the security‑related aspects of their positions; and (b) the training or qualifications that satisfy the requirements referred to in paragraph (a); and (c) the training that must be given to such personnel.
A maritime security plan for a port operator must address, in addition to the matters required under regulation 3.10, the following matters: (a) measures to prevent unauthorised access to any port security zones established, or ship security zones declared, in the security regulated port; (b) procedures for responding to security threats or breaches of security, including procedures for maintaining critical operations in the port; (c) procedures for responding to any security directions given by the Secretary; (d) procedures for evacuation of the port in case of security threats or breaches of security; (e) procedures for drills and exercises associated with the plan; (f) procedures for interfacing with ship security activities; (g) procedures for modifying the plan to correct deficiencies or to update the plan to take into account changes to the port; (h) procedures for reporting occurrences which threaten the security of the port; (i) measures to ensure the security of the information contained in the plan; (j) procedures in case the ship security alert system of a ship is activated while in the security regulated port.
Note: A maritime security plan for a port operator must be accompanied by a map covering the whole security regulated port and showing the port security zones established within the port (see subsections 49(2) and (3) of the Act and regulation 3.90).
(1) A maritime security plan for a port operator must set out a mechanism for consultation: (a) between the port operator and each of the maritime industry participants conducting operations within the security regulated port, for the purpose of coordinating their security‑related activities; and (b) between the port operator and its employees (or their representatives) regarding security measures and procedures to be implemented. (2) A maritime security plan for a port operator must set out how the port operator will give notice under subsections 27(2) and 35(4) of the Act.
A maritime security plan for a port operator must set out, in relation to maritime security level 1: (a) the security measures, identified in the security assessment for the operation, for implementation at that level; and (b) the measures that have been implemented; and (c) a schedule for implementing the measures that have not been implemented; and (d) any interim measures that will be implemented until the measures referred to in paragraph (c) are fully implemented.
A maritime security plan for a port operator must set out, in relation to maritime security levels 2 and 3, the additional security measures that the operator will implement if the Secretary declares that maritime security level 2 or 3 is in force for the port.
A maritime security plan for a port operator must provide for: (a) the circumstances in which the operator will request a declaration of security with a ship; and (b) the procedures for negotiating the security measures and responsibilities of the operator and of the ship in those circumstances; and (c) how security measures identified in a declaration will be implemented to ensure compliance by the operator and the ship with their security plans and with the declaration.
(1) If a port operator wishes the Secretary to establish a land‑side restricted zone, the maritime security plan for the port operator must set out: (a) the purpose for the proposed establishment of the zone; and (b) the boundaries of the zone; and (c) if applicable, the period when, or the circumstances in which, the zone is in force; and (d) the security measures and procedures to be taken to control access into the zone by people, vehicles or things; and (e) steps to be taken to inform people that a land‑side restricted zone is in force and that entry into the zone without authority is an offence; and (f) the name or position of the person or persons responsible for the security measures, procedures or steps referred to in paragraphs (d) and (e). (2) A maritime security plan for a port operator must set out security measures and procedures to monitor and control access to land‑side restricted zones, including measures to detect and deter unauthorised access to those zones.
(1) If a port operator wishes the Secretary to establish a water‑side restricted zone, the maritime security plan for the port operator must set out: (a) the purpose for the proposed establishment of the zone; and (b) the boundaries of the zone; and (c) if applicable, the period when, or the circumstances in which, the zone is in force; and (d) the security measures and procedures to be taken to control access into the zone by people, vessels or things; and (e) steps to be taken to inform people that a water‑side restricted zone is in force and that entry into the zone without authority is an offence; and (f) the name or position of the person or persons responsible for the security measures, procedures or steps referred to in paragraphs (d) and (e). (2) A maritime security plan for a port operator must set out security measures and procedures to monitor and control access to water‑side restricted zones, including measures to detect and deter unauthorised access to those zones.
A maritime security plan for a port operator must set out security measures and procedures to monitor and control access to ship security zones, including measures to detect and deter unauthorised access to those zones.
A maritime security plan for a port facility operator must be accompanied by a document setting out the following information: (a) name of the port facility operator; (b) contact details for the port facility operator; (c) name of the Chief Executive Officer of the port facility operator; (d) name and location of the port facility; (e) name of the port in which the facility is located; (f) name or position of the person who is to be the PFSO for the facility; (g) the contact details for the PFSO.
A maritime security plan for a port facility operator must be accompanied by a document setting out the name of, and contact details for, the PSO of the security regulated port in which the facility is located.
(1) A port facility operator must, within 2 working days after the port facility operator becomes aware of a change in any of the information given under regulation 3.100 or 3.105, notify the Secretary, in writing, of the change.
Penalty: 20 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(1) In addition to the matters required under regulation 3.05, a security assessment for a port facility operator’s operation must include the following matters: (a) a statement outlining the risk context or threat situation for the port facility; (b) identification and evaluation of important assets, infrastructure and operations that need to be protected; (c) identification of possible risks or threats to assets, infrastructure and operations, and the likelihood and consequences of their occurrence; (d) identification of existing security measures, procedures and operations; (e) identification of weaknesses (including human factors) in the infrastructure, policies and procedures; (f) identification, selection and prioritisation of possible risk treatments (for example, counter‑measures and procedural changes that need to be implemented) and their effectiveness in reducing risk levels and vulnerabilities. (2) A security assessment for a port facility operator’s operation must consider: (a) the types of ships, and the types of cargoes transported by ships, served by the port facility; and (b) any special risks or threats associated with such ships and cargoes.
A maritime security plan for a port facility operator must set out: (a) the knowledge, skills and other requirements for the PFSO; and (b) the training or qualifications that satisfy the requirements referred to in paragraph (a); and (c) the training that must be given to the PFSO.
(1) A maritime security plan for a port facility operator must identify, by reference to their positions, port facility personnel with, or who have been assigned, security duties and responsibilities in addition to those of the PFSO. (2) The security duties and responsibilities of personnel so identified must be set out in the plan, together with: (a) the knowledge, skills and other requirements for the security‑related aspects of their positions; and (b) the training or qualifications that satisfy the requirements referred to in paragraph (a); and (c) the training that must be given to such personnel.
(1) A maritime security plan for a port facility operator must address, in addition to the matters required under regulation 3.10, the following matters: (a) measures to prevent unauthorised carriage or possession of weapons or prohibited items in the facility or on board ships being loaded or unloaded at the facility; (b) measures to prevent unauthorised access to the port facility, to ships moored at the facility and to any port security zones established within the boundaries of the port facility; (c) procedures for responding to security threats or breaches of security, including procedures for maintaining critical operations in the port facility or ship/port interface; (d) procedures for responding to any security directions given by the Secretary; (e) procedures for evacuation of the port facility in case of security threats or breaches of security; (f) procedures for drills and exercises associated with the plan; (g) procedures for interfacing with ship security activities; (h) procedures for modifying the plan to correct deficiencies or to update the plan to take into account changes to the port facility; (i) procedures for reporting occurrences which threaten the security of the port facility; (j) measures to ensure the security of the information contained in the plan; (k) measures to ensure security of cargo and of cargo handling equipment at the facility; (l) procedures in case the ship security alert system of a ship is activated while in the security regulated port; (m) procedures for facilitating: (i) shore leave or relief of crew; and (ii) access by visitors (including representatives of seafarers’ welfare and of labour organisations). (2) In determining appropriate measures for paragraphs (1)(a) and (b), the port facility operator must have regard to the special risks or threats associated with the types of ships, and the types of cargoes transported by ships, regularly served by the port facility.
Note: A maritime security plan for a port facility operator must be accompanied by a map showing any port security zones established within the facility (see paragraph 49(2)(a) of the Act and regulation 3.165).
A maritime security plan for a port facility operator must set out, for the purpose of coordinating security‑related activities, a mechanism for consultation: (a) between the port facility operator and the port operator; and (b) between the port facility operator and any stakeholder who may be affected by the implementation of the plan; and (c) between the port facility operator and its employees (or their representatives) regarding security measures and procedures to be implemented.
A maritime security plan for a port facility operator must set out, in relation to maritime security level 1: (a) the security measures, identified in the security assessment for the operation, for implementation at that level; and (b) the measures that have been implemented; and (c) a schedule for implementing the measures that have not been implemented; and (d) any interim measures that will be implemented until the measures referred to in paragraph (c) are fully implemented.
A maritime security plan for a port facility operator must set out, in relation to maritime security levels 2 and 3, the additional security measures that the operator will implement if the Secretary declares that maritime security level 2 or 3 is in force for the port.
A maritime security plan for a port facility operator must provide for: (a) the circumstances in which the operator will request a declaration of security with a ship; and (b) the procedures for negotiating the security measures and responsibilities of the operator and of the ship in those circumstances; and (c) how security measures identified in a declaration will be implemented to ensure compliance by the operator and the ship with their security plans and with the declaration.
(1) If a port facility operator wishes the Secretary to establish a land‑side restricted zone, the maritime security plan for the port facility operator must set out: (a) the purpose for the proposed establishment of the zone; and (b) the boundaries of the zone; and (c) if applicable, the period when, or the circumstances in which, the zone is in force; and (d) the security measures and procedures to be taken to control access into the zone by people, vehicles or things, (including measures relating to the entry, parking, loading and unloading of vehicles, and the movement and storage of cargo, stores and baggage); and (e) steps to be taken to inform people that a land‑side restricted zone is in force and that entry into the zone without authority is an offence; and (f) the name or position of the person or persons responsible for the security measures, procedures or steps referred to in paragraphs (d) and (e). (2) A maritime security plan for a port facility operator must set out security measures and procedures to monitor and control access to land‑side restricted zones, including measures to detect and deter unauthorised access to those zones.
(1) If a port facility operator wishes the Secretary to establish a cleared zone, the maritime security plan for the port facility operator must set out: (a) the purpose for the proposed establishment of the zone; and (b) the boundaries of the zone; and (c) if applicable, the period when, or the circumstances in which, the zone is in force; and (d) the security measures and procedures to be taken to control access into the zone by people, vehicles or things, (including measures relating to the entry, parking, loading and unloading of vehicles, and the movement and storage of cargo, stores and baggage); and (e) steps to be taken to inform people that a cleared zone is in force and that is an offence to enter the zone without the required screening and clearance; and (f) the name or position of each person responsible for the security measures, procedures or steps referred to in paragraphs (d) and (e). (2) A maritime security plan for a port facility operator must set out measures and procedures to ensure that persons and goods are screened and cleared in accordance with these Regulations before they are allowed to enter and remain in any cleared zone established in the port facility.
(1) If a port facility operator wishes to operate a port facility for use in connection with the loading or unloading of security regulated ships that are passenger ships, the maritime security plan for the port facility operator must set out: (a) procedures for screening and clearing persons and their baggage; and (b) procedures for detecting weapons and prohibited items; and (c) procedures for surrender and dealing with weapons and prohibited items that are detected; and (d) the name or position of the person or persons responsible for the procedures referred to in paragraphs (a), (b) and (c). (1A) Paragraph (1)(a) applies in relation to the loading or unloading of the following: (a) a regulated Australian ship of a kind mentioned in paragraph 16(1)(a) of the Act; (b) a regulated foreign ship of a kind mentioned in subparagraph 17(1)(b)(i) of the Act. (2) If in a port facility there is no screening point through which persons who are required to be screened and cleared to board a security regulated ship must pass, the procedures for screening and clearing persons referred to in paragraph (1)(a) must include procedures for making arrangements, between the port facility operator and the master of a ship that is moored at the facility, for persons to be screened and cleared on board the ship immediately after they board.
A security assessment for a maritime security plan must include the following matters: (a) the date when the assessment was completed or reviewed; (b) the scope of the assessment, including assets, infrastructure and operations assessed; (c) a summary of how the assessment was conducted, including details of the risk management process adopted; (d) the skills and experience of the key persons who completed or participated in the assessment.
A maritime security plan for a port operator or port facility operator must set out: (a) a schedule of security plan audits; and (b) the circumstances, in addition to the occurrence of a maritime transport security incident, following which a security plan review must be conducted; and (c) the procedures for conducting a security plan audit, including a process for selecting auditors who are independent of the matters being audited; and (d) the procedures for conducting a security plan review, including a process for consultation during the review.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the Maritime Transport and Offshore Facilities Security Regulations 2003.
(1) In these Regulations:
ABN (short for Australian Business Number) has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
ACN (short for Australian Company Number) has the meaning given by section 9 of the Corporations Act 2001.
Act means the Maritime Transport and Offshore Facilities Security Act 2003.
adverse criminal intelligence assessment—see subregulation 6.07B(1).
airport has the meaning given by the Aviation Transport Security Act 2004.
ARBN (short for Australian Registered Body Number) has the meaning given by section 9 of the Corporations Act 2001.
Australian Federal Police employee has the same meaning as AFP employee in subsection 4(1) of the Australian Federal Police Act 1979.
cleared zone means a type of port security zone, established by the Secretary under subsection 102(1) of the Act, that comprises an area of land or water, to which access is controlled, for holding persons and goods, vehicles or vessels that have been screened and cleared.
contact details, for a person, includes:
(a) the person’s business address, mailing address, fixed‑line telephone number, mobile telephone number and e‑mail address; and
(b) if the person is a CSO, SSO, PSO or PFSO—a single 24‑hour fixed‑line or mobile telephone number for the person; and
(c) if the person is an OFSO or OSPSO—a single 24‑hour fixed‑line and a mobile telephone number for the person.
contracting government means a contracting government to the SOLAS Convention.
Note: For the definition of SOLAS Convention, see section 10 of the Act.
CSO or company security officer has the meaning given by regulation 1.10.
exclusion zone means a ship security zone, declared by the Secretary to operate under subsection 106(1) or (1A) of the Act, that comprises an area of water, at and below the water level:
(a) within a security regulated port, being an area to which access is controlled and that surrounds a security regulated ship; or
(b) in the vicinity of a security regulated offshore facility, being an area to which access is controlled and that surrounds a security regulated ship which is engaged in any activity in relation to the facility.
HSO or head security officer has the meaning given by regulation 1.32.
IMO means the International Maritime Organization.
inter‑State voyage, in relation to a ship, means a voyage (other than an overseas voyage) in the course of which the ship travels between:
(a) a port in a State and a port in another State; or
(b) a port in a State and a port in a Territory; or
(c) a port in a Territory and a port in another Territory;
whether or not the ship travels between 2 or more ports in any one State or Territory in the course of the voyage.
land‑side restricted zone means a type of port security zone, established by the Secretary under subsection 102(1) of the Act, that comprises an area of land or a structure connected directly or indirectly to land, to which access is controlled, within the boundaries of a port facility or of land under the control of a port operator.
large passenger ship means either of the following:
(a) a regulated Australian ship of a kind mentioned in paragraph 16(1)(a) of the Act that has a maximum capacity of 151 or more passengers;
(b) a regulated foreign ship of a kind mentioned in subparagraph 17(1)(b)(i) of the Act that has a maximum capacity of 151 or more passengers.
maritime security outcome means an outcome set out in subsection 3(4) of the Act.
member of the Australian Federal Police has the same meaning as in subsection 4(1) of the Australian Federal Police Act 1979.
official number, for a ship, means the number by which the ship is identified in the Australian Register of Ships mentioned in section 56 of the Shipping Registration Act 1981.
offshore facility zone means a type of offshore security zone, established by the Secretary under subsection 113A(1) of the Act, that comprises the space occupied by an offshore facility.
offshore service provider means a person prescribed by regulation 1.06.
offshore water‑side zone means a type of offshore security zone established by the Secretary under subsection 113A(1) of the Act, that comprises an area of water surrounding an offshore facility at the distance from the facility specified by the Secretary.
OFSO or offshore facility security officer has the meaning given by regulation 1.33.
on‑board restricted area means an on‑board security zone, established by the Secretary under subsection 110(1) of the Act, that comprises an area, to which access is controlled, on board a regulated Australian ship.
OSPSO or offshore service provider security officer has the meaning given by regulation 1.34.
parent: without limiting who is a parent of anyone for the purposes of these Regulations, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975.
PFSO or port facility security officer has the meaning given by regulation 1.25.
pleasure craft means a ship that is used, or intended to be used, wholly for recreational or sporting activities.
pre‑entry information has the meaning given by subregulation 4.80(2).
PSO or port security officer has the meaning given by regulation 1.20.
RFSSO or regulated foreign ship security officer means:
(a) the master of a regulated foreign ship; or
(b) an officer on board a regulated foreign ship who is accountable to the master of the ship for:
(i) ensuring that the ship complies with section 97 of the Act; and
(ii) liaising with company, ship, port and port facility security officers before the ship enters, or while the ship is in, a security regulated port.
security barrier has the meaning given by regulation 6.25.
security plan audit means an audit relating to one or more of the following plans to determine if security measures and procedures set out in the plan have been implemented and complied with:
(a) a maritime security plan;
(b) a ship security plan;
(c) an offshore security plan.
security plan review means a review of one or more of the following plans to determine if security measures and procedures set out in the plan are effective and adequate:
(a) a maritime security plan;
(b) a ship security plan;
(c) an offshore security plan.
ship/facility interface means the interaction that occurs when a ship interacts with an offshore facility so that the facility is directly and immediately affected by activities involving the movement of persons or goods.
ship/port interface means the interaction that occurs when a security regulated ship is directly and immediately affected by activities involving:
(a) the movement of persons or goods; or
(b) the provision of port services to or from the ship.
shore‑based personnel, in relation to a regulated Australian ship, means the body of persons (other than crew) employed by the ship operator for the ship.
small passenger ship means either of the following:
(a) a regulated Australian ship of a kind mentioned in paragraph 16(1)(a) of the Act that has a maximum capacity of more than 12 passengers but not more than 150 passengers;
(b) a regulated foreign ship of a kind mentioned in subparagraph 17(1)(b)(i) of the Act that has a maximum capacity of more than 12 passengers but not more than 150 passengers.
SSO or ship security officer has the meaning given by regulation 1.15.
supply base means a place, at a port or airport, where goods or passengers are loaded on to a vessel or aircraft for transport directly from the place to an offshore facility.
water‑side restricted zone has the meaning given by regulation 1.70.
working day, in relation to the operations of a maritime industry participant, means a day other than a Saturday, a Sunday, or a day that is a public holiday in the State or Territory where the operations are conducted.
(2) An expression used in these Regulations and in the ISPS Code has in these Regulations the same meaning as in the ISPS Code, unless the contrary intention appears.
The purposes of these Regulations are: (a) to ensure that maritime, ship and offshore security plans address specific matters that will satisfy the Secretary that the implementation of the plans will make an appropriate contribution towards the achievement of the maritime security outcomes; and (b) to set out the requirements for maritime, ship and offshore security plans (including matters that must be dealt with in the plans) so that: (i) persons preparing maritime, ship and offshore security plans know what they need to do for the plans to receive approval; and (ii) plans are consistent in terms of layout and general content; and (iii) the criteria for approval of plans are clear; and (c) to prescribe matters that are required, permitted, necessary or convenient to be prescribed, including: (i) requirements in relation to the giving of security and control directions; and (ii) types of port, ship, on‑board and offshore security zones; and (iii) requirements in relation to screening and clearing; and (iv) kinds of weapons and prohibited items.
(1) For paragraph (g) of the definition of maritime industry participant in section 10 of the Act, an operator of a kind set out in subregulation (2) is prescribed if the operator provides port services to security regulated ships. (2) For subregulation (1), the following are the kinds of operators: (a) lighter operator; (b) barge operator; (c) line handling boat operator; (d) pilotage service operator; (e) tug operator.
For paragraph (c) of the definition of offshore industry participant in section 10 of the Act, a person that manages a supply base is prescribed.
(1) Before requesting the Secretary to approve a ship security plan, the ship operator for a regulated Australian ship must designate, in writing, a person within the ship operator’s organisation as security officer (company security officer or CSO) for the ship. (2) A CSO may be designated by name or by reference to a position. (3) The duties and responsibilities of a CSO include: (a) answering any questions about the ship security plan, and acting as contact officer, during the approval process; and (b) implementing and maintaining the ship security plan for the ship; and (c) liaising with the SSO for the ship and with port and port facility security officers; and (d) performing: (i) the duties and responsibilities in section 11.2 of Part A of the ISPS Code; and (ii) any additional duties and responsibilities set out in the ship security plan. (4) The ship operator must ensure that a CSO: (a) has the knowledge and ability to perform the duties of a CSO; and (b) is given the training set out in the ship security plan; and (c) is a suitable person to access and handle security information; and (d) has the authority to act on instructions received from the Secretary.
Note: Example: A CSO must have the authority to implement security directions or a change in the security level.
(1) The ship operator for a regulated Australian ship must designate, in writing, the master, or another crew member, of the ship as security officer (ship security officer or SSO). (2) An SSO may be designated by name or by reference to a position. (3) The duties and responsibilities of an SSO include: (a) maintaining the ship security plan for the ship; and (b) liaising with the CSO for the ship and with ship, port and port facility security officers; and (c) performing: (i) the duties and responsibilities in section 12.2 of Part A of the ISPS Code; and (ii) any additional duties and responsibilities set out in the ship security plan. (4) The ship operator must ensure that an SSO: (a) holds a certificate of proficiency as a ship security officer: (i) issued under the Marine Orders, Part 3 (Seagoing Qualifications); and (ii) that is valid within the meaning of that Part; and (b) is given the training set out in the ship security plan; and (c) is a suitable person to access and handle security information; and (d) has the authority to act on instructions received from the Secretary or ship operator.
Note: Example: An SSO must have the authority to implement security directions or a change in the security level.
(5) An SSO who is not the master of the ship is accountable to the master of the ship.
(1) Before requesting the Secretary to approve a maritime security plan, a port operator for a security regulated port must designate, in writing, a person as security officer (port security officer or PSO). (2) A PSO may be designated by name or by reference to a position. (3) The duties and responsibilities of a PSO include: (a) conducting an initial security survey of the port and facilitating the completion of the security assessment for the port operator’s maritime security plan; and (b) ensuring the development and maintenance of the maritime security plan for the port operator; and (c) implementing the maritime security plan; and (d) undertaking regular security inspections of the port to ensure the effectiveness and adequacy of security measures; and (e) facilitating security plan reviews; and (f) recommending and incorporating modifications to the maritime security plan in order to: (i) correct deficiencies in the plan; or (ii) update the plan to take into account changes to the port; and (g) enhancing security awareness and vigilance of port personnel; and (ga) without limiting paragraph (g), ensuring that port personnel are provided with adequate training in security awareness; and (h) ensuring that standards for personnel with, or who have been assigned, security duties and responsibilities are met and that adequate training is provided to such personnel; and (i) reporting to the relevant authorities, and maintaining records of, occurrences which threaten the security of the port; and (j) liaising with ship and port facility security officers; and (k) coordinating with security, police, fire, ambulance, medical, search and rescue services, as appropriate; and (l) ensuring that security equipment is properly operated, inspected, tested, calibrated and maintained; and (m) when requested by an SSO, assisting in confirming the identity of persons intending to board a ship; and (n) providing advice to the Secretary on the operational and safety aspects of the implementation of security and control directions; and (o) communicating and coordinating the implementation of security and control directions. (4) A port operator must ensure that a PSO: (a) has the knowledge and ability to perform the duties of a PSO; and (b) is given the training set out in the maritime security plan for the port operator; and (c) is a suitable person to access and handle security information; and (d) has the authority to act on instructions rece
This is an opening excerpt, not the complete document.