Subdivision 8.5.2Removal and disposal of vehicles and vessels from zones

### Division 8.4—Law enforcement officers #### 8.40 Customs officers who are law enforcement officers For paragraph (c) of the definition of law enforcement officer in section 151 of the Act, the following are prescribed: (a) customs officers who are covered by paragraph (a) of the definition of Immigration and Border Protection worker in subsection 4(1) of the Australian Border Force Act 2015 and who are in the Australian Border Force (within the meaning of that Act); (b) customs officers who are assigned customs duties associated with: (i) intelligence activities; or (ii) passenger processing; or (iii) compliance, investigation or enforcement of border and cargo matters. ### Division 8.5—Maritime security guards #### Subdivision 8.5.1—Maritime security guards—general #### 8.50 Training and qualifications (1) For the purposes of paragraph 162(2)(a) of the Act, the following are prescribed as training and qualification requirements for maritime security guards: (a) the person: (i) must hold at least a Certificate II in Security Operations that is in force; or (ii) must hold a certificate or qualification that is in force and that is equivalent to at least a Certificate II in Security Operations (for example, a Certificate II in Security (Guarding)); or (iii) must have undergone training and acquired experience while working as a security guard that is sufficient to satisfy the requirements for obtaining a security guard licence in a State or Territory; (b) the person must hold a licence to work as a security guard, being a licence: (i) issued or recognised by the State or Territory in which the person is working; and (ii) that is in force; (c) the person must have a working knowledge of the Act and these Regulations, including knowledge about how to restrain and detain persons in accordance with section 163 of the Act. (2) For the purposes of subparagraph (1)(b)(i), if a person is working outside of a State or Territory on a regulated Australian ship or a regulated offshore facility, the person is taken to be working in: (a) for a regulated Australian ship—the State or Territory in which the ship’s home port (within the meaning of the Shipping Registration Regulations 1981) is located; or (b) for a regulated offshore facility—the State or Territory adjacent to the place where the offshore facility is located. #### 8.55 Identity cards (Act s 162(2)(b)) (1) The requirements in relation to the issue and use of an identity card for a maritime security guard are as follows: (a) the card must be: (i) issued to the maritime security guard by his or her employer; or (ii) issued by an authority of a State or Territory, and be evidence that the maritime security guard holds a licence to work as a security guard in that State or Territory; (b) the card must be displayed by the maritime security guard while he or she is on duty. (2) The minimum requirements in relation to the form of the identity card are as follows: (a) the card must bear a recent photograph of the maritime security guard; (b) the card must set out the guard’s name; (c) the card must bear a statement of its date of expiry; (d) the card must bear: (i) the name of the employer that issued the card; or (ii) if the card is issued by an authority of a State or Territory—the name of the authority. #### Subdivision 8.5.2—Removal and disposal of vehicles and vessels from zones #### 8.57 Disposal of removed vehicles (Act s 163D) (1) For this regulation, a vehicle is an unclaimed vehicle if: (a) the vehicle has been removed from a maritime security zone under section 163D of the Act; and (b) the owner of the vehicle has not claimed the vehicle and paid any costs or expenses in relation to the vehicle’s removal, relocation and storage. (2) If a vehicle has been an unclaimed vehicle for longer than 3 months, the maritime industry participant that controls the maritime security zone from which the vehicle was removed may sell or otherwise dispose of the vehicle as provided in this regulation. (3) Not less than 3 months after the vehicle was removed from the zone, the participant must publish a notice in a newspaper circulating generally in the State or Territory in which the zone is located: (a) describing the vehicle and the place and zone from which it was removed; and (b) stating that: (i) the vehicle has been removed, relocated or stored (as the case may be); and (ii) the owner must pay the costs of removal, relocation or storage to the participant; and (iii) if the costs are not paid within 14 days of the publication, the vehicle may be sold or otherwise disposed of; and (c) setting out how the costs may be paid. (4) If, more than 14 days after the publication of the notice, the owner of the vehicle has not: (a) recovered the vehicle; and (b) paid to the participant an amount equal to the costs of the vehicle’s removal, relocation or storage to the participant; the participant: (c) if the vehicle is saleable—must sell the vehicle at a price that is reasonable under the circumstances; or (d) otherwise—may dispose of the vehicle by another means. (5) If the vehicle is sold: (a) the participant may retain from the sale proceeds an amount equal to the reasonable costs of removal, relocation or storage of the vehicle; and (b) any amount of the proceeds remaining after the retention is a debt due to the Commonwealth, payable by 14 July immediately following the financial year in which the vehicle was sold. #### 8.58 Disposal of removed vessels (Act s 163E) (1) For this regulation, a vessel is an unclaimed vessel if: (a) the vessel has been removed from a maritime security zone under section 163E of the Act; and (b) the owner of the vessel has not claimed the vessel and paid any costs or expenses in relation to the vessel’s removal, relocation and storage. (2) If a vessel has been an unclaimed vessel for longer than 3 months, the maritime industry participant that controls the maritime security zone from which the vessel was removed may sell or otherwise dispose of the vessel as provided in this regulation. (3) Not less than 3 months after the vessel was removed from the zone, the participant must publish a notice in a newspaper circulating generally in the State or Territory in which the zone is located: (a) describing the vessel and the place and zone from which it was removed; and (b) stating that: (i) the vessel has been removed, relocated or stored (as the case may be); and (ii) the owner must pay the costs of removal, relocation or storage to the participant; and (iii) if the costs are not paid within 14 days of the publication, the vessel may be sold or otherwise disposed of; and (c) setting out how the costs may be paid. (4) If, more than 14 days after the publication of the notice, the owner of the vessel has not: (a) recovered the vessel; and (b) paid to the participant an amount equal to the costs of the vessel’s removal, relocation or storage to the participant; the participant: (c) if the vessel is saleable—must sell the vessel at a price that is reasonable under the circumstances; or (d) otherwise—may dispose of the vessel by another means. (5) If the vessel is sold: (a) the participant may retain from the sale proceeds an amount equal to the reasonable costs of removal, relocation or storage of the vessel; and (b) any amount of the proceeds remaining after the retention is a debt due to the Commonwealth, payable by 14 July immediately following the financial year in which the vessel was sold.