Commonwealth: Maritime Transport and Offshore Facilities Security Act 2003 (Cth)

Maritime Transport and Offshore Facilities Security Act 2003 No. 131, 2003 Compilation No. 27 Compilation date: 14 October 2024 Includes amendments: Act No. 38, 2024 About this compilation This compilation This is a compilation of the Maritime Transport and Offshore Facilities Security Act 2003 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary Division 1—Short title and commencement 1 Short title 2 Commencement Division 2—Purpose and simplified overview of this Act 3 Purpose of this Act 4 Simplified overview of this Act Division 3—Application 5 Extension to Territories 6 Geographical jurisdiction 7 Act to bind Crown 8 Operation of State and Territory laws 9 Act not to apply to state ships etc. Division 4—Definitions 10 Definitions Division 5—Unlawful interference with maritime transport or offshore facilities 11 Meaning of unlawful interference with maritime transport or offshore facilities Division 6—Security regulated ports and port operators 12 Meaning of port 13 Security regulated ports 14 Port operators Division 7—Security regulated ships 15 Meaning of security regulated ship 16 Meaning of regulated Australian ship 17 Meaning of regulated foreign ship Division 7A—Security regulated offshore facilities and offshore facility operators 17A Meaning of offshore facility 17B Security regulated offshore facilities 17C Offshore facility operators Division 7B—Offences and enforcement action in relation to non‑regulated foreign ships 17D Persons travelling on non‑regulated foreign ships 17E Enforcement action against non‑regulated ships Division 8—General defences 18 General defences Division 9—Communicating with ship operators 19 Communicating with ship operators Part 2—Maritime security levels and security directions Division 1—Simplified overview of Part 20 Simplified overview of Part Division 2—Maritime security levels 1, 2 and 3 21 Default security level—maritime security level 1 22 Secretary may declare maritime security level 2 or 3 23 When a maritime security level is in force 24 Maritime security level declaration for a port covers all port operations 24A Maritime security level declaration for an offshore facility covers ships and operations in the vicinity 25 Security levels and complying with plans 26 Maritime security level 1, 2 or 3 applies with security directions Division 3—Notifying maritime security level 2 and 3 declarations and revocations 27 Notifying declarations covering security regulated ports 28 Notifying declarations covering security regulated ships 28A Notifying declarations covering security regulated offshore facilities 29 Notifying declarations covering areas within security regulated ports 30 Notifying declarations covering maritime industry participants 31 Notifying revocations 32 Requirements for giving notice Division 4—Security directions 33 Secretary may give security directions 34 Confidentiality requirements 35 Persons to whom security directions may be given 36 Secretary may give security directions to security regulated ships 36A Secretary may give security directions to ships regulated as offshore facilities 37 When a security direction is in force 38 Revoking security directions 39 Failure to comply with security directions 40 Failure to comply with confidentiality requirements Part 3—Maritime security plans Division 1—Simplified overview of Part 41 Simplified overview of Part Division 2—Maritime industry participants required to have maritime security plans 42 Who must have maritime security plans 43 Offence—operating without a maritime security plan 44 Offence—failing to comply with maritime security plan Division 3—Complying with other plans 45 Complying with maritime security plans of other participants 46 Australian regulated ships must not hinder or obstruct compliance with maritime security plans Division 4—Content and form of maritime security plans 47 Content of maritime security plans 48 Prescribed content for maritime security plans 49 Form of maritime security plans Division 5—Approving, varying, revising and cancelling maritime security plans 50 Providing maritime security plans for approval 51 Approval of maritime security plans 52 When a maritime security plan is in force 52A Participants may submit variations to maritime security plans 53 Secretary may direct variations of maritime security plans 54 Participants may revise maritime security plans 55 Secretary may direct participants to revise maritime security plans 57 Cancelling inadequate maritime security plans 58 Cancelling for failure to comply with maritime security plans 59 Cancelling maritime security plans on request Part 4—Ship security plans and ISSCs for regulated Australian ships Division 1—Simplified overview of Part 60 Simplified overview of Part Division 2—Ships required to have ship security plans 61 Which ships must have ship security plans 61A Exemptions 62 Offence—operating without a ship security plan 63 Offence—failing to comply with ship security plan Division 3—Complying with other plans 64 Complying with ship security plans of other ships 65 Maritime industry participants must not hinder or obstruct compliance with ship security plans Division 4—Content and form of ship security plans 66 Content of ship security plans 67 Prescribed content for ship security plans 68 Form of ship security plans Division 5—Approving, varying, revising and cancelling ship security plans 69 Providing ship security plans for approval 70 Approval of ship security plans 71 When a ship security plan is in force 71A Ship operator may submit variations to ship security plans 72 Secretary may direct variations of ship security plans 73 Ship operator may revise ship security plan 74 Secretary may direct operator to revise ship security plan 76 Cancelling inadequate ship security plans 77 Cancelling for failure to comply with ship security plan 78 Cancelling ship security plans on request Division 6—International ship security certificates 79 Regulated Australian ship to have ISSC 79A Exemptions 80 Offence—operating without an ISSC 81 Applying for an ISSC 82 Conditions for giving an ISSC 83 ISSC verification 84 When an ISSC is in force 85 Cancelling ISSCs 86 Interim ISSCs 87 Offence—false or misleading statements in relation to having an ISSC Division 7—Recognised security organisations 88 Secretary may delegate powers and functions under this Part 89 Recognised security organisations may conduct ISSC inspections Part 5—Regulated foreign ships Division 1—Simplified overview of Part 90 Simplified overview of Part Division 2—Obligations on regulated foreign ships 91 Regulated foreign ships must have ISSCs 92 Regulated foreign ships must provide pre‑arrival information 93 Regulated foreign ships must allow inspections etc. 94 Regulated foreign ships must comply with security levels 95 Meaning of ISPS level 1, 2 and 3 measures 96 Regulated foreign ships must comply with security directions 97 Complying with maritime, ship and offshore security plans 98 Acknowledging level notifications and directions Division 3—Control directions 99 Secretary may give control directions 100 Enforcing control directions Part 5A—Offshore security plans Division 1—Simplified overview of Part 100A Simplified overview of Part Division 2—Offshore industry participants required to have offshore security plans 100B Who must have offshore security plans 100C Offence—operating without an offshore security plan 100D Offence—failing to comply with offshore security plan Division 3—Complying with other plans 100E Complying with offshore security plans of offshore industry participants 100F Regulated Australian ships must not hinder or obstruct compliance with offshore security plans Division 4—Content and form of offshore security plans 100G Content of offshore security plans 100H Prescribed content for offshore security plans 100I Form of offshore security plans Division 5—Approving, varying, revising and cancelling offshore security plans 100J Providing offshore security plans for approval 100K Approval of offshore security plans 100L When an offshore security plan is in force 100LA Offshore industry participant may submit variations to offshore security plans 100M Secretary may direct variations of offshore security plans 100N Participants may revise offshore security plans 100O Secretary may direct participants to revise offshore security plans 100Q Cancelling inadequate offshore security plans 100R Cancelling for failure to comply with offshore security plans 100S Cancelling offshore security plans where facility moved 100T Cancelling offshore security plans on request Part 5B—ISSC for an Australian ship regulated as an offshore facility Division 1—Simplified overview of Part 100U Simplified overview of Part Division 2—ISSC obligations 100V Australian ship regulated as an offshore facility to have ISSC 100W Offence—operating without an ISSC 100X Applying for an ISSC 100Y Conditions for giving an ISSC 100Z ISSC verification 100ZA When an ISSC is in force 100ZB Cancelling ISSCs 100ZC Interim ISSCs 100ZD Offence—false or misleading statements in relation to having an ISSC Division 3—Recognised security organisations 100ZE Secretary may delegate powers and functions under this Part 100ZF Recognised security organisations may conduct ISSC inspections Part 5C—Foreign ships regulated as offshore facilities Division 1—Simplified overview of Part 100ZG Simplified overview of Part Division 2—Obligations on regulated foreign ships 100ZH Foreign ship regulated as an offshore facility to have ISSC 100ZI Foreign ship regulated as an offshore facility must provide pre‑arrival information 100ZJ Foreign ship regulated as an offshore facility must allow inspections etc. 100ZK Foreign ship regulated as an offshore facility must comply with security directions 100ZL Acknowledging level notifications and directions Division 3—Control directions 100ZM Secretary may give control directions 100ZN Enforcing control directions Part 6—Maritime security zones Division 1—Simplified overview of Part 101 Simplified overview of Part Division 2—Port security zones 102 Establishing port security zones 103 Types of port security zones 104 Matters to be considered in establishing port security zones 105 Requirements for port security zones Division 3—Ship security zones 106 Declaring ship security zones 107 Types of ship security zones 108 Matters to be considered in declaring ship security zones 109 Requirements for ship security zones Division 4—On‑board security zones 110 Establishing on‑board security zones 111 Types of on‑board security zones 112 Matters to be considered in establishing on‑board security zones 113 Requirements for on‑board security zones Division 5—Offshore security zones 113A Establishing offshore security zones 113B Types of offshore security zones 113C Matters to be considered in establishing offshore security zones 113D Requirements for offshore security zones Division 6—Serious crime 113E Purpose of this Division 113F Requirements relating to access to zones Part 7—Other security measures Division 1—Simplified overview of Part 114 Simplified overview of Part Division 2—Screening and clearing 115 Screening and clearing people 116 Screening and clearing goods 117 Screening and clearing vehicles 118 Screening and clearing vessels 119 Requirements for screening and clearing Division 3—Weapons 120 Weapons in maritime security zones 121 Carrying weapons through a screening point 122 Weapons on board certain ships—strict liability 123 Weapons on board certain ships—general 124 Failure to comply with conditions 125 Secretary may permit by class 126 Other weapons requirements Division 4—Prohibited items 127 Prohibited items in maritime security zones 128 Carrying prohibited items through a screening point 129 Prohibited items on board certain ships—strict liability 130 Prohibited items on board certain ships—general 131 Failure to comply with conditions 132 Secretary may permit by class 133 Other prohibited items requirements Part 8—Powers of officials Division 1—Simplified overview of Part 134 Simplified overview of Part Division 2—Maritime security inspectors 135 Simplified overview of Division 136 Appointment 137 Identity cards 138 Maritime security inspector powers—ISSC verifications 139 Maritime security inspector powers—security regulated ships 140 When powers may be exercised—security regulated ships 140A Maritime security inspector powers—security regulated offshore facilities 140B When powers may be exercised—security regulated offshore facilities 141 Maritime security inspector powers—participants 142 When powers may be exercised—participants 143 Offence—hindering or obstructing a maritime security inspector 144 Inspection warrants—security regulated ships 145 Inspection warrants by telephone, fax etc.—security regulated ships 145A Inspection warrants—security regulated offshore facilities 145B Inspection warrants by telephone, fax etc.—security regulated offshore facilities Division 2A—Security assessment inspectors 145C Simplified overview of Division 145D Appointment 145E Powers of security assessment inspectors 145F When powers may be exercised 145G Offence—hindering or obstructing a security assessment inspector Division 3—Duly authorised officers 146 Simplified overview of Division 147 Secretary may appoint duly authorised officers 148 Duly authorised officer powers—operational areas of security regulated ships 148A Duly authorised officer powers—operational areas of security regulated offshore facilities 149 Offence—hindering or obstructing a duly authorised officer Division 4—Law enforcement officers 150 Simplified overview of Division 151 Law enforcement officers 152 Access to ports by law enforcement officers 152A Access to offshore facilities by law enforcement officers 153 Stopping and searching people 154 Stopping and searching vehicles 155 Stopping and searching vessels 156 Requests to leave ships or zones 157 Removing people from ships or zones 158 Removing vehicles from zones 159 Removing vessels from zones 160 Other law enforcement powers not affected Division 5—Maritime security guards 161 Simplified overview of Division 162 Maritime security guards 163 Maritime security guards' power to physically restrain persons 163A Maritime security guards' power to request information 163B Requests to leave maritime security zones 163C Maritime security guards' power to remove people from zones 163D Maritime security guards' power to remove vehicles from zones 163E Maritime security guards' power to remove vessels from zones Division 6—Screening officers 164 Simplified overview of Division 165 Screening officers 165A Requirements relating to screening officers 165B Exemption from requirements relating to screening officers 165C Exercise of powers and performance of screening functions by screening officers 165D Report on number of exemptions 166 Screening powers 166A Screening powers—frisk search as an alternative screening procedure 166B Screening powers—frisk search as an additional screening procedure 166C Screening powers—frisk search general power 167 Screening officers' power to physically restrain persons Part 9—Reporting maritime transport or offshore facility security incidents Division 1—Simplified overview of Part 169 Simplified overview of Part Division 2—Meaning of maritime transport or offshore facility security incident 170 Meaning of maritime transport or offshore facility security incident Division 3—Certain people must report incidents 171 Port operators 172 Ship masters 173 Ship operators 174 Port facility operators 174A Offshore facility operators 175 Persons with incident reporting responsibilities 176 Employees Division 4—Reporting requirements 177 Reporting by port operators 178 Reporting by ship masters 179 Reporting by ship operators 179A Reporting by offshore facility operators 180 Reporting by port facility operators 181 Reporting by persons with incident reporting responsibilities Division 5—Form and content of reports 182 How reports are to be made Part 10—Information‑gathering Division 1—Simplified overview of Part 183 Simplified overview of Part Division 2—Secretary may require security compliance information 184 Secretary may require security compliance information 185 Self‑incrimination Part 11—Enforcement Division 1—Simplified overview of Part 186 Simplified overview of Part Division 2—Infringement notices 187 Infringement notices Division 3—Enforcement orders for maritime industry participants 188 Simplified overview of Division 189 Secretary may make enforcement orders 190 Commencement and duration of enforcement orders 191 Reviews of enforcement orders 192 Notice of enforcement orders 193 Complying with enforcement orders Division 4—Ship enforcement orders for regulated Australian ships 194 Simplified overview of Division 195 Ship enforcement orders—regulated Australian ships 196 Enforcing ship enforcement orders Division 5—Injunctions 197 Injunctions Division 6—Demerit points system 198 Demerit points system 199 Demerit points—maritime security plans 200 Demerit points—ship security plans 200A Demerit points—offshore security plans Part 12—Review of decisions 201 Review of decisions by Administrative Review Tribunal Part 13—Miscellaneous 202 Delegation 202A Sub‑delegation 203 Compensation for damage to electronic equipment 204 Compensation for acquisition of property 205 Compensation for unnecessary delay—paid by the Commonwealth 206 Compensation for inspection and detention—paid by ship operators or other persons 207 Saving of other laws 208 Severability—additional effect of Act 209 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to safeguard against unlawful interference with maritime transport and offshore facilities, and for related purposes Part 1—Preliminary Division 1—Short title and commencement 1 Short title This Act may be cited as the Maritime Transport and Offshore Facilities Security Act 2003. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Part 1 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 12 December 2003 2. Part 2 A single day to be fixed by Proclamation. 1 July 2004 However, if any of the provision(s) do not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. (see Gazette 2004, GN11) 3. Division 1 of Part 3 The day on which this Act receives the Royal Assent. 12 December 2003 4. Divisions 2 and 3 of Part 3 At the same time as the provision(s) covered by table item 2. 1 July 2004 5. Divisions 4 and 5 of Part 3 The day on which this Act receives the Royal Assent. 12 December 2003 6. Division 1 of Part 4 The day on which this Act receives the Royal Assent. 12 December 2003 7. Divisions 2 and 3 of Part 4 At the same time as the provision(s) covered by table item 2. 1 July 2004 8. Divisions 4 and 5 of Part 4 The day on which this Act receives the Royal Assent. 12 December 2003 9. Sections 79 and 80 At the same time as the provision(s) covered by table item 2. 1 July 2004 10. Sections 81 to 87 The day on which this Act receives the Royal Assent. 12 December 2003 11. Division 7 of Part 4 The day on which this Act receives the Royal Assent. 12 December 2003 12. Part 5 At the same time as the provision(s) covered by table item 2. 1 July 2004 13. Sections 101 to 104 The day on which this Act receives the Royal Assent. 12 December 2003 14. Section 105 At the same time as the provision(s) covered by table item 2. 1 July 2004 15. Sections 106 to 108 The day on which this Act receives the Royal Assent. 12 December 2003 16. Section 109 At the same time as the provision(s) covered by table item 2. 1 July 2004 17. Sections 110 to 112 The day on which this Act receives the Royal Assent. 12 December 2003 18. Section 113 At the same time as the provision(s) covered by table item 2. 1 July 2004 19. Part 7 At the same time as the provision(s) covered by table item 2. 1 July 2004 20. Sections 134 to 138 The day on which this Act receives the Royal Assent. 12 December 2003 21. Section 139 At the same time as the provision(s) covered by table item 2. 1 July 2004 22. Section 140 The day on which this Act receives the Royal Assent. 12 December 2003 23. Sections 141 and 142 At the same time as the provision(s) covered by table item 2. 1 July 2004 24. Sections 143 to 145 The day on which this Act receives the Royal Assent. 12 December 2003 25. Divisions 3 to 6 of Part 8 At the same time as the provision(s) covered by table item 2. 1 July 2004 26. Parts 9 to 11 At the same time as the provision(s) covered by table item 2. 1 July 2004 27. Parts 12 and 13 The day on which this Act receives the Royal Assent. 12 December 2003 Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. Division 2—Purpose and simplified overview of this Act 3 Purpose of this Act (1) The purpose of this Act is to safeguard against unlawful interference with maritime transport or offshore facilities. Note: Division 6 of Part 6 has an additional purpose (see section 113E). (2) To achieve this purpose, this Act establishes a regulatory framework centred around the development of security plans for ships, other maritime transport operations and offshore facilities. (3) The implementation of a security plan should make an appropriate contribution to the achievement of the maritime security outcomes. (4) The maritime security outcomes are as follows: (a) Australia's obligations under Chapter XI‑2 of the SOLAS Convention and the ISPS Code, including those with regard to the rights, freedoms and welfare of seafarers, are met; (b) the vulnerability to terrorist attack of Australian ships, ports and other ships within Australia, and offshore facilities is reduced without undue disruption to trade; (c) the risk that maritime transport or offshore facilities are used to facilitate terrorist or other unlawful activities is reduced; (d) security information is communicated effectively among maritime industry participants and government agencies with security responsibilities for maritime transport and offshore facilities. (5) It is not the purpose of this Act to prevent lawful advocacy, protest, dissent or industrial action that does not compromise maritime security. 4 Simplified overview of this Act This Act establishes a scheme to safeguard against unlawful interference with maritime transport or offshore facilities. Part 2 provides for maritime security levels. The security measures to be implemented when different maritime security levels are in force are set out in maritime security plans, ship security plans and offshore security plans. Part 2 also provides for the Secretary to give security directions in special circumstances. Part 3 deals with maritime security plans. Maritime industry participants who are required to have plans must comply with their plans. Part 4 deals with ship security plans and ISSCs (International Ship Security Certificates) for regulated Australian ships. These ships must have both a ship security plan and an ISSC. They must be operated in compliance with their ship security plans and must continue to meet ISSC standards. Part 5 puts obligations on regulated foreign ships. The Secretary can give control directions to regulated foreign ships to ensure that security standards are maintained. Part 5A deals with offshore security plans. Offshore industry participants who are required to have plans must comply with their plans. Part 5B deals with ISSCs for Australian ships regulated as offshore facilities. Part 5C deals with foreign ships regulated as offshore facilities. The Secretary can give control directions to foreign ships regulated as offshore facilities to ensure that security standards are maintained. Part 6 provides for the establishment of maritime security zones. Additional security requirements apply in these zones which can be established within ports, on and around ships, and on and around offshore facilities. Part 7 deals with screening, weapons and prohibited items. Part 8 sets out the powers of officials under this Act. These officials are maritime security inspectors, security assessment inspectors, duly authorised officers, law enforcement officers, maritime security guards and screening officers. Part 9 sets out reporting obligations in relation to certain maritime transport or offshore facility security incidents. Part 10 allows the Secretary to require security compliance information from maritime industry participants. Part 11 provides a range of enforcement mechanisms. These are infringement notices, enforcement orders, ship enforcement orders, injunctions and a demerit points system. Part 12 provides for review of certain decisions by the Administrative Review Tribunal. Part 13 deals with miscellaneous matters. Division 3—Application 5 Extension to Territories This Act extends to every external Territory. 6 Geographical jurisdiction (1) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against this Act, other than an offence mentioned in subsection (2). (2) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to the following offences: (a) an offence under subsection 39(1) or 40(1) by: (i) a person who is given a direction under section 35 because of the person's presence on, or connection with, a security regulated offshore facility; or (ii) the offshore facility operator or master of a foreign ship regulated as an offshore facility, where the ship is given a security direction under section 36A; (b) an offence under subsection 100ZL(1), 100ZL(2) or 172(1) by a master of a foreign ship regulated as an offshore facility; (c) an offence under subsection 120(1), 120(3), 124(1), 127(1), 127(3), 131(1), 143(1), 149(1), 153(3), 154(4), 155(4) or 156(3) where the offence is committed in an offshore security zone; (d) an offence under subsection 121(1), 121(3), 128(1) or 128(3) where the screening point is in, or at the edge of: (i) an offshore security zone; or (ii) a foreign ship regulated as an offshore facility; (e) an offence under subsection 122(1), section 123, subsection 124(1) or 129(1), section 130, or subsection 131(1), 143(1), 149(1), 153(3) or 156(3) where the offence is committed on a foreign ship regulated as an offshore facility; (f) an offence under subsection 143(1) in relation to a maritime security inspector exercising, or attempting to exercise, powers set out in paragraph 140A(2)(e); (g) an offence under subsection 175(1) or 184(5) by a person failing to report, or give information, in his or her capacity as an offshore industry participant; (h) an offence under subsection 176(1) by an employee of an offshore industry participant; (i) an offence under regulations made under section 109, 113D, 119, 126 or 133 where the offence is committed: (i) in, or at the edge of, an offshore security zone or a ship security zone declared under subsection 106(1A); or (ii) on or near a foreign ship regulated as an offshore facility. 7 Act to bind Crown (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown in right of the Commonwealth liable to be prosecuted for an offence. 8 Operation of State and Territory laws This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Act. 9 Act not to apply to state ships etc. (1) Unless the contrary intention appears, this Act does not apply to, or in relation to: (a) a warship or other ship operated for naval, military, customs or law enforcement purposes by Australia or by a foreign state; or (b) a ship (other than a ship covered by paragraph (a)) that is: (i) owned, leased or chartered by, or otherwise in the operational control of, the Commonwealth, a State or a Territory; and (ii) being used wholly for non‑commercial activities; or (c) a security regulated port, or a part of a port, at any time that the port, or the part of the port, is under the exclusive control of the Australian Defence Force. (2) A reference in this Act to a maritime industry participant does not include a reference to: (a) the Australian Defence Force; or (b) the Immigration and Border Protection Department; or (c) an Agency of the Commonwealth prescribed in the regulations. (3) A reference in this Act to an offshore industry participant does not include a reference to: (a) the Australian Defence Force; or (b) the Immigration and Border Protection Department; or (c) an Agency of the Commonwealth prescribed in the regulations. Division 4—Definitions 10 Definitions In this Act, unless the contrary intention appears: acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution. ADF member means a Member within the meaning of the Defence Act 1903. Agency has the same meaning as in the Public Service Act 1999. Agency Head has the same meaning as in the Public Service Act 1999. AMSA inspector means an inspector appointed under the Navigation Act 2012. approved ISSC equivalent has the meaning given by subsection 91(3). Australia, when used in a geographical sense, includes the external Territories. Australian ship has the same meaning as in the Shipping Registration Act 1981. Australian ship regulated as an offshore facility has the meaning given by subsection 16(3). Australian waters means: (a) the territorial sea of Australia; and (b) the waters of the sea on the landward side of the territorial sea of Australia; and (c) the territorial sea of each external Territory; and (d) the waters of the sea on the landward side of the territorial sea of each external Territory; and (e) inland waters prescribed in regulations. baggage means: (a) possessions of a passenger or crew member: (i) that are carried, or intended to be carried, on board a ship; and (ii) to which the passenger or crew member will have general access while on board the ship; and (b) possessions of a visitor to a ship: (i) that are taken, or intended to be taken, on board the ship; and (ii) to which the visitor will have general access while on board the ship; and (c) possessions of a crew member: (i) that are carried, or intended to be carried, on an offshore facility; and (ii) to which the crew member will have general access while on the offshore facility; and (d) possessions of a visitor: (i) that are taken, or intended to be taken, onto an offshore facility; and (ii) to which the visitor will have general access while on the offshore facility. biosecurity officer has the same meaning as in the Biosecurity Act 2015. cargo means goods, other than baggage or stores, that are transported, or intended to be transported, by ship. cargo ship includes a tanker. Note: A cargo ship may also be a passenger ship. cleared: (a) in relation to a person, has the meaning given by subsection 115(3); and (b) in relation to goods, has the meaning given by subsection 116(3); and (c) in relation to a vehicle, has the meaning given by subsection 117(3); and (d) in relation to a vessel, has the meaning given by subsection 118(3). cleared area means an area that, under regulations made under Part 6 or 7, may be entered only by persons, goods, vehicles and vessels that have received clearance. confidentiality requirements has the meaning given by subsection 34(2). control direction has the meaning given by subsection 99(2) or 100ZM(2). crew: (a) in relation to a ship—includes any person employed on the ship; and (b) in relation to an offshore facility—includes any person employed on the facility. critical installation has the meaning given by subsection 103(3). customs officer means an officer of Customs within the meaning of the Customs Act 1901. damage, in relation to data, includes damage by erasure of data or addition of other data. declaration of security means: (a) an agreement reached between a ship and another party (a ship or person); or (b) an agreement reached between an offshore facility operator and another party (a ship or person); that identifies the security activities or measures that each party will undertake or implement in specified circumstances. duly authorised officer means a person appointed under section 147. employee, in relation to a maritime industry participant, means an individual: (a) employed by the maritime industry participant; or (b) engaged under a contract for services between the individual and the maritime industry participant. enforcement action has a meaning affected by subsection 17D(4). enforcement order means an order made under section 189. engage in conduct has the same meaning as in the Criminal Code. Federal Court means the Federal Court of Australia. foreign ship means a ship that is not an Australian ship. foreign ship regulated as an offshore facility has the meaning given by subsection 17(3). FPSO (short for Floating Product, Storage and Offtake) means a ship that is: (a) constructed or modified to accept petroleum, directly or indirectly, from a sub‑sea well or pipeline; and (b) capable of storing the petroleum and delivering it to another ship or pipeline; and (c) capable of modifying the petroleum while in storage on the ship to suit it for transport or to fit it for the commercial requirements of consignees; and (d) designed to be disconnected from its mooring during bad weather, operational emergencies, or for the purposes of maintenance or survey; but does not include a facility that is designed to remain permanently moored for the production life of the related petroleum field. frisk search has the same meaning as in the Crimes Act 1914. FSU (short for Floating Storage Unit) means a ship that is: (a) constructed or modified to accept petroleum, directly or indirectly, from a sub‑sea well or pipeline; and (b) capable of storing the petroleum and delivering it to another ship or pipeline, but which is not capable of modifying the petroleum while in storage on the ship; and (c) designed to be disconnected from its mooring during bad weather, operational emergencies, or for the purposes of maintenance or survey; but does not include a facility that is designed to remain permanently moored for the production life of the related petroleum field. gross tonnage has the same meaning as in the SOLAS Convention. Immigration and Border Protection Department means the Department administered by the Minister administering Part XII of the Customs Act 1901. immigration officer means an officer within the meaning of the Migration Act 1958. inland waters means waters within Australia other than waters of the sea. interim ISSC means: (a) in relation to a security regulated ship—an interim ISSC given under section 86; and (b) in relation to a ship regulated as an offshore facility—an interim ISSC given under section 100ZC. ISPS Code means the International Ship and Port Facility Security (ISPS) Code (as amended from time to time) as mentioned in Chapter XI‑2 of the SOLAS Convention. ISPS level 1 measures has the meaning given by subsection 95(1). ISPS level 2 measures has the meaning given by subsection 95(2). ISPS level 3 measures has the meaning given by subsection 95(3). ISSC means an international ship security certificate within the meaning of the ISPS Code. ISSC verified: (a) in relation to a security regulated ship—has the meaning given by subsections 83(1) and (3); and (b) in relation to a ship regulated as an offshore facility—has the meaning given by subsections 100Z(1) and (3). just terms has the same meaning as in paragraph 51(xxxi) of the Constitution. law enforcement officer has the meaning given by section 151. maritime industry participant means: (a) a port operator; or (b) a port facility operator; or (c) the ship operator for a regulated Australian ship; or (d) the ship operator for a regulated foreign ship; or (da) an offshore industry participant; or (f) a contractor who provides services to a person mentioned in paragraphs (a) to (d); or (g) a person who: (i) conducts a maritime‑related enterprise; and (ii) is prescribed in the regulations. Note: Neither the Australian Defence Force nor the Immigration and Border Protection Department can be a maritime industry participant. The regulations may also exclude other Commonwealth Agencies from being maritime industry participants: see subsection 9(2). maritime security guard has the meaning given by subsection 162(1). maritime security inspector means a person appointed under subsection 136(1). maritime security level means: (a) maritime security level 1; or (b) maritime security level 2; or (c) maritime security level 3. maritime security level 1 means the maritime security level in force under section 21. maritime security level 2 means maritime security level 2 as in force under section 23. maritime security level 3 means maritime security level 3 as in force under section 23. maritime security outcomes has the meaning given by subsection 3(4). maritime security plan means a plan prepared for the purposes of Part 3. maritime security zone means: (a) a port security zone; or (b) a ship security zone; or (c) an on‑board security zone; or (d) an offshore security zone. maritime transport or offshore facility security incident has the meaning given by subsections 170(1) and (2). master, in relation to a ship, means the person who has command or charge of the ship. mobile offshore drilling unit means a vessel capable of engaging in drilling operations for the purposes of exploring or exploiting resources beneath the seabed. national security has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004. offshore area has the meaning given by subsection 17A(7). offshore facility has the meaning given by section 17A. offshore facility operator has the meaning given by section 17C. offshore industry participant means: (a) an offshore facility operator; or (b) a contractor who provides services to an offshore facility operator; or (c) a person who: (i) conducts an enterprise connected with a security regulated offshore facility; and (ii) is prescribed in the regulations. Note: Neither the Australian Defence Force nor the Immigration and Border Protection Department can be an offshore industry participant. The regulations may also exclude other Commonwealth Agencies from being offshore industry participants: see subsection 9(3). offshore security plan means a plan prepared for the purposes of Part 5A. offshore security zone means an offshore security zone established under subsection 113A(1). on‑board security zone means an on‑board security zone established under subsection 110(1). operational area: (a) in relation to a security regulated ship—has the meaning given by subsection 140(5); and (b) in relation to a security regulated offshore facility—has the meaning given by subsection 140B(5). ordinary search has the same meaning as in the Crimes Act 1914. overseas voyage, in relation to a ship, means a voyage in the course of which the ship travels between: (a) a port in Australia and a port outside Australia; or (b) a port in Australia and a place in the waters of the sea above the continental shelf of a country other than Australia; or (c) a port outside Australia and a place in the waters of the sea above the continental shelf of Australia; or (d) a place in the waters of the sea above the continental shelf of Australia and a place in the waters of the sea above the continental shelf of a country other than Australia; or (e) ports outside Australia; or (f) places beyond the continental shelf of Australia; whether or not the ship travels between 2 or more ports in Australia in the course of the voyage. passenger: (a) means a passenger travelling by maritime transport; and (b) includes an intending passenger. passenger ship means a ship that carries more than 12 passengers. Note: A passenger ship may also be a cargo ship. person with incident reporting responsibilities has the meaning given by subsection 175(4). petroleum has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006. port has the meaning given by section 12. port facility means an area of land or water, or land and water, within a security regulated port (including any buildings, installations or equipment in or on the area) used either wholly or partly in connection with the loading or unloading of security regulated ships. port facility operator means a person who operates a port facility. port operator has the meaning given by subsection 14(1). port security zone means a port security zone established under subsection 102(1). pre‑arrival information has the meaning given by subsection 92(3). private living area: (a) in relation to a security regulated ship—has the meaning given by subsection 140(4); and (b) in relation to a security regulated offshore facility—has the meaning given by subsection 140B(4). prohibited item means an item that: (a) could be used for unlawful interference with maritime transport or offshore facilities; and (b) is prescribed in the regulations for the purposes of this definition. receive clearance: (a) in relation to a person, has the meaning given by subsection 115(2); and (b) in relation to goods, has the meaning given by subsection 116(2); and (c) in relation to a vehicle, has the meaning given by subsection 117(2); and (d) in relation to a vessel, has the meaning given by subsection 118(2). recognised security organisation has the meaning given by subsection 88(2). regulated Australian ship has the meaning given by section 16. regulated foreign ship has the meaning given by section 17. screened: (a) in relation to a person, has the meaning given by subsection 115(1); and (b) in relation to goods, has the meaning given by subsection 116(1); and (c) in relation to a vehicle, has the meaning given by subsection 117(1); and (d) in relation to a vessel, has the meaning given by subsection 118(1). screening function means a function that a screening officer is authorised or required to perform under this Act or an instrument made under this Act. screening officer has the meaning given by section 165. screening point means a place where screening occurs. Secretary means the Secretary of the Department. security assessment inspector means a person appointed under subsection 145D(1). security compliance information has the meaning given by subsection 184(1). security direction has the meaning given by subsection 33(2). security officer means a person designated by a maritime industry participant to implement and maintain: (a) the participant's maritime security plan; or (b) the ship security plan for a ship operated by the participant; or (c) the participant's offshore security plan. security regulated offshore facility has the meaning given by section 17B. security regulated port has the meaning given by subsection 13(1). security regulated ship has the meaning given by section 15. ship means a vessel that is capable of navigating the high seas but does not include a vessel that is not self‑propelled. ship enforcement order has the meaning given by subsection 195(2). ship operator means: (a) unless paragraph (b) applies—the owner of a security regulated ship; or (b) if, under an agreement between the owner of the security regulated ship and another person, the other person is to be the ship operator for the security regulated ship for the purposes of this Act—that other person. Note: Paragraph (b) means that a ship manager or bareboat charterer (or any other person) who has assumed responsibility for the operation of a ship, can, on assuming such responsibility, also agree to take over responsibility for meeting the obligations that are imposed on the ship operator for the ship under this Act. ship regulated as an offshore facility means each of the following: (a) an Australian ship regulated as an offshore facility; (b) a foreign ship regulated as an offshore facility. ship security plan means a plan prepared for the purposes of Part 4. ship security record, in relation to a particular kind of security regulated ship or ship regulated as an offshore facility, means a document or information relating to maritime security prescribed in regulations as a document or information to be kept on, by or for a ship of that kind. ship security zone means a ship security zone declared under subsection 106(1) or (1A). SOLAS Convention means the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as amended from time to time. Note: The text of the Convention is set out in Australian Treaty Series 1983 No. 22. In 2003 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department's website. stores means: (a) items that are to be carried on board a ship for use, sale or consumption on the ship; and (b) items that are to be carried on an offshore facility for use, sale or consumption on the facility. terrorist act has the same meaning as in Part 5.3 of the Criminal Code. this Act includes the regulations. threaten: a person is taken to threaten to do an act if the person makes a statement, or does anything else, showing, or from which it could reasonably be inferred, that it is his or her intention to do the act. unlawful interference with maritime transport or offshore facilities has the meaning given by section 11. valid ISSC, for a ship at a particular time, means an ISSC for the ship that is in force at that time. vessel means any craft or structure capable of navigation. weapon means: (a) a firearm of any kind; or (b) a thing prescribed by the regulations to be a weapon; or (c) a device that, except for the absence of, or a defect in, a part of the device, would be a weapon of a kind mentioned in paragraph (a) or (b); or (d) a device that is reasonably capable of being converted into a weapon of a kind mentioned in paragraph (a) or (b). Division 5—Unlawful interference with maritime transport or offshore facilities 11 Meaning of unlawful interference with maritime transport or offshore facilities (1) Any of the following done without lawful authority is an unlawful interference with maritime transport or offshore facilities: (a) committing an act, or causing any interference or damage, that puts the safe operation of a port, or the safety of any person or property at the port, at risk; (aa) committing an act, or causing any interference or damage, that puts the safe operation of an offshore facility, or the safety of any person or property at the offshore facility, at risk; (b) taking control of a ship or offshore facility by force, or threat of force, or any other form of intimidation; (c) destroying a ship that is being used for maritime transport; (ca) destroying an offshore facility; (d) causing damage to a ship that is being used for maritime transport that puts the safety of the ship, or any person or property on board or off the ship, at risk; (e) doing anything on board a ship that is being used for maritime transport that puts the safety of the ship, or any person or property on board or off the ship, at risk; (f) placing, or causing to be placed, on board a ship that is being used for maritime transport anything that puts the safety of the ship, or any person or property on board or off the ship, at risk; (g) putting the safety of ships at risk by interfering with, damaging or destroying navigational aids, communication systems or security systems; (h) putting the safety of ships at risk by communicating false information. (2) However, unlawful interference with maritime transport or offshore facilities does not include lawful advocacy, protest, dissent or industrial action that does not result in, or contribute to, an action of a kind mentioned in paragraphs (1)(a) to (h). Division 6—Security regulated ports and port operators 12 Meaning of port (1) A port is an area of water, or land and water (including any buildings, installations or equipment situated in or on that land or water) intended for use either wholly or partly in connection with the movement, loading, unloading, maintenance or provisioning of ships. (2) A port includes: (a) areas of water, between the land of the port and the open waters outside the port, intended for use by ships to gain access to loading, unloading or other land‑based facilities; and (b) areas of open water intended for anchoring or otherwise holding ships before they enter areas of water described in paragraph (a); and (c) areas of open water between the areas of water described in paragraphs (a) and (b). 13 Security regulated ports (1) The Secretary may, by notice published in the Gazette, declare that areas of a port intended for use either wholly or partly in connection with the movement, loading, unloading, maintenance or provisioning of security regulated ships comprise a security regulated port. (2) The notice must include a map of the port that shows the boundaries of the security regulated port. (3) An area controlled exclusively by the Australian Defence Force must not be included as part of a security regulated port. 14 Port operators (1) The Secretary may, by notice published in the Gazette, designate a person as the port operator for a security regulated port. (2) In designating a person as a port operator, the Secretary must take into account: (a) the ability of the person to undertake the functions of a port operator; and (b) the physical and operational features of the port; and (c) the views of the person, or persons, responsible for managing the operations of the port. Division 7—Security regulated ships 15 Meaning of security regulated ship (1) Each of the following is a security regulated ship: (a) a regulated Australian ship; (b) a regulated foreign ship. Note: Certain government‑controlled ships (both Australian and foreign) are exempt from the operation of this Act: see section 9. (2) The regulations may prescribe different categories of security regulated ships. Note: Regulations under this Act may make different provision with respect to different categories of security regulated ships: see subsection 33(3A) of the Acts Interpretation Act 1901. 16 Meaning of regulated Australian ship (1) A ship is a regulated Australian ship if the ship is an Australian ship that is: (a) a passenger ship that is used for overseas voyages; or (b) a cargo ship of 500 gross tonnage or more that is used for overseas voyages; or (c) a mobile offshore drilling unit that is on an overseas voyage (other than a unit that is attached to the seabed); or (d) a ship of a kind prescribed in the regulations. Note: Regulations under this Act may make different provision with respect to different kinds of regulated Australian ships: see subsection 33(3A) of the Acts Interpretation Act 1901. (2) However, the following ships are not regulated Australian ships: (a) an Australian ship regulated as an offshore facility; (b) a ship of a kind prescribed by the regulations. (3) In this Act, an Australian ship regulated as an offshore facility means a FPSO or FSU that is: (a) an Australian ship; and (b) either a security regulated offshore facility or part of a security regulated offshore facility. Note: A FPSO or FSU is both a ship and an offshore facility. As it is an offshore facility, the Secretary may declare it to be a security regulated offshore facility. If this happens, the ship ceases to be a security regulated ship. 17 Meaning of regulated foreign ship (1) A ship is a regulated foreign ship if the ship: (a) is a foreign ship; and (b) is one of the following: (i) a passenger ship; (ii) a cargo ship of 500 gross tonnage or more; (iii) a mobile offshore drilling unit (other than a unit that is attached to the seabed); (iv) a ship of a kind prescribed in the regulations; and (c) is in Australian waters; and (d) is in, or is intending to proceed to, a port in Australia. (2) However, the following ships are not regulated foreign ships: (a) a foreign ship regulated as an offshore facility; (b) a ship of a kind prescribed by the regulations. (3) In this Act, a foreign ship regulated as an offshore facility means a FPSO or FSU that is: (a) a foreign ship; and (b) either a security regulated offshore facility or part of a security regulated offshore facility. Note: A FPSO or FSU is both a ship and an offshore facility. As it is an offshore facility, the Secretary may declare it to be a security regulated offshore facility. If this happens, the ship ceases to be a security regulated ship. Division 7A—Security regulated offshore facilities and offshore facility operators 17A Meaning of offshore facility (1) An offshore facility is a facility, located in an offshore area, that is used in the extraction of petroleum from the seabed or its subsoil with equipment on, or forming part of, the facility, and includes: (a) any structure, located in the offshore area, used in operations or activities associated with, or incidental to, activities of that kind; and (b) any vessel, located in the offshore area, used in operations or activities associated with, or incidental to, activities of that kind. (2) A FPSO located in an offshore area is an offshore facility. (3) A FSU located in an offshore area is an offshore facility. Note: A FPSO or FSU is both a ship and an offshore facility. As it is an offshore facility, the Secretary may declare it to be a security regulated offshore facility. If this happens, the ship ceases to be a security regulated ship. (4) However, a ship is not an offshore facility, and does not form part of an offshore facility, if it is: (a) an offtake tanker; or (b) a tug or an anchor handler; or (c) a ship used to supply an offshore facility, or otherwise travel between an offshore facility and the shore. (5) An offshore facility does not include any pipeline that is beneath the low water mark. (6) A mobile offshore drilling unit is not an offshore facility, and does not form part of an offshore facility. (7) In this Act, an offshore area is an area in: (a) Australian waters; or (b) the exclusive economic zone of Australia (including its external Territories); or (c) the sea over the continental shelf of Australia (including its external Territories). 17B Security regulated offshore facilities (1) The Secretary may, by notice published in the Gazette, declare that any of the following is a security regulated offshore facility: (a) an offshore facility; (b) a part of an offshore facility; (c) a group of offshore facilities; (d) a part of a group of offshore facilities. (2) The notice must include information on the location and boundaries of the security regulated offshore facility of the kind and in the form prescribed by the regulations. 17C Offshore facility operators (1) The Secretary may, in writing, designate a person as the offshore facility operator for a security regulated offshore facility. (2) In designating a person as an offshore facility operator, the Secretary must take into account: (a) the ability of the person to undertake the functions of an offshore facility operator; and (b) the physical and operational features of the facility; and (c) the views of the person, or persons, responsible for managing the operations of the facility; and (d) whether the person is the operator in relation to the facility for the purposes of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006. Division 7B—Offences and enforcement action in relation to non‑regulated foreign ships 17D Persons travelling on non‑regulated foreign ships (1) This section applies to a person travelling (whether as a passenger or crew) on a foreign ship that is neither a regulated foreign ship, nor a foreign ship regulated as an offshore facility. (2) No offence is committed by the person under this Act unless, at the time of the alleged offence: (a) the person is involved in some activity in relation to a security regulated offshore facility; or (b) the ship is involved in some activity in relation to a security regulated offshore facility, or is in Austr