Commonwealth: Maritime Transport Security Amendment Act 2005 (Cth)

Maritime Transport Security Amendment Act 2005 Act No. 67 of 2005 as amended This compilation was prepared on 26 March 2007 [This Act was amended by Act No. 8, 2007] Amendments from Act No. 8 of 2007 [Schedule 2 (item 10) amended item 79 of Schedule 1 Schedule 2 (item 10) commenced immediately after 30 September 2005] Prepared by the Office of Legislative Drafting and Publishing, Attorney‑General's Department, Canberra Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Offshore facilities Part 1—Amendments relating to offshore facilities Maritime Transport Security Act 2003 Part 2—Application and transitional provisions relating to offshore facilities Schedule 2—Amendments relating to maritime security identification cards Maritime Transport and Offshore Facilities Security Act 2003 An Act to amend the law relating to the security of maritime transport and offshore facilities, and for related purposes [Assented to 26 June 2005] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Maritime Transport Security Amendment Act 2005. 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. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 26 June 2005 2. Schedule 1, items 1 and 2 The day after this Act receives the Royal Assent. 27 June 2005 3. Schedule 1, items 3 to 14 A single day to be fixed by Proclamation. 30 September 2005 However, if any of the provision(s) do not commence within the period of 6 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 F2005L02681) 4. Schedule 1, items 15 to 21 The day after this Act receives the Royal Assent. 27 June 2005 5. Schedule 1, item 22 At the same time as the provisions covered by table item 3. 30 September 2005 6. Schedule 1, items 23 to 28 The day after this Act receives the Royal Assent. 27 June 2005 7. Schedule 1, items 29 to 32 At the same time as the provisions covered by table item 3. 30 September 2005 8. Schedule 1, items 33 to 38 The day after this Act receives the Royal Assent. 27 June 2005 9. Schedule 1, item 39 At the same time as the provisions covered by table item 3. 30 September 2005 10. Schedule 1, items 40 to 42 The day after this Act receives the Royal Assent. 27 June 2005 11. Schedule 1, item 43 At the same time as the provisions covered by table item 3. 30 September 2005 12. Schedule 1, items 44 to 47 The day after this Act receives the Royal Assent. 27 June 2005 13. Schedule 1, items 48 to 57 At the same time as the provisions covered by table item 3. 30 September 2005 14. Schedule 1, items 58 to 60 The day after this Act receives the Royal Assent. 27 June 2005 15. Schedule 1, items 61 to 95 At the same time as the provisions covered by table item 3. 30 September 2005 16. Schedule 1, items 96 and 97 The day after this Act receives the Royal Assent. 27 June 2005 17. Schedule 1, items 98 to 104 At the same time as the provisions covered by table item 3. 30 September 2005 18. Schedule 1, item 105 The day after this Act receives the Royal Assent. 27 June 2005 19. Schedule 1, items 106 to 144 At the same time as the provisions covered by table item 3. 30 September 2005 20. Schedule 1, items 145 to 155 The day after this Act receives the Royal Assent. 27 June 2005 21. Schedule 1, items 156 to 208 At the same time as the provisions covered by table item 3. 30 September 2005 22. Schedule 1, items 209 to 214 The day after this Act receives the Royal Assent. 27 June 2005 23. Schedule 1, items 215 and 216 At the same time as the provisions covered by table item 3. 30 September 2005 24. Schedule 1, items 217 to 225 The day after this Act receives the Royal Assent. 27 June 2005 25. Schedule 2 Immediately after the commencement of the provisions covered by table item 2. 27 June 2005 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. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Offshore facilities Part 1—Amendments relating to offshore facilities Maritime Transport Security Act 2003 1 Title After "transport", insert "and offshore facilities". 2 Section 1 After "Transport", insert "and Offshore Facilities". 3 Subsection 3(1) After "transport", insert "or offshore facilities". 4 Subsection 3(2) Omit "and other maritime transport operations", substitute ", other maritime transport operations and offshore facilities". 5 Paragraph 3(4)(b) After "Australia", insert ", and offshore facilities". 6 Paragraph 3(4)(c) Omit "is" (first occurring), substitute "or offshore facilities are". 7 Paragraph 3(4)(d) Omit "maritime transport security responsibilities", substitute "security responsibilities for maritime transport and offshore facilities". 8 Section 4 After "transport" (first occurring), insert "or offshore facilities". 9 Section 4 Omit "and ship security plans", substitute ", ship security plans and offshore security plans". 10 Section 4 Omit "(International Ship Security Certificates). Regulated Australian ships must have both a ship security plan and an ISSC. These ships", substitute "(International Ship Security Certificates) for regulated Australian ships. These ships must have both a ship security plan and an ISSC. They". 11 Section 4 (after the paragraph relating to Part 5) Insert: 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. 12 Section 4 Omit "and on and around ships", substitute "on and around ships, and on and around offshore facilities". 13 Section 4 After "transport" (second occurring), insert "or offshore facility". 14 Section 6 Repeal the section, substitute: 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. 15 At the end of section 9 Add: (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 Australian Customs Service; or (c) an Agency of the Commonwealth prescribed in the regulations. 16 Section 10 Insert: Australian ship regulated as an offshore facility has the meaning given by subsection 16(3). 17 Section 10 (at the end of the definition of baggage) Add: ; 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. 18 Section 10 Insert: continental shelf means the continental shelf within the meaning of the Seas and Submerged Lands Act 1973. 19 Section 10 (definition of control direction) After "subsection 99(2)", insert or "or 100ZM(2)". 20 Section 10 (definition of crew) Repeal the definition, substitute: 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. 21 Section 10 (definition of declaration of security) Repeal the definition, substitute: 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. 22 Section 10 Insert: enforcement action has a meaning affected by subsection 17D(4). 23 Section 10 Insert: exclusive economic zone means the exclusive economic zone within the meaning of the Seas and Submerged Lands Act 1973. 24 Section 10 Insert: foreign ship regulated as an offshore facility has the meaning given by subsection 17(3). 25 Section 10 Insert: 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. 26 Section 10 Insert: 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. 27 Section 10 (definition of interim ISSC) Repeal the definition, substitute: 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. 28 Section 10 (definition of ISSC verified) Repeal the definition, substitute: 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). 29 Section 10 (after paragraph (d) of the definition of maritime industry participant) Insert: (da) an offshore industry participant; or 30 Section 10 (at the end of the definition of maritime security zone) Add: ; or (d) an offshore security zone. 31 Section 10 Insert: maritime transport or offshore facility security incident has the meaning given by subsections 170(1) and (2). 32 Section 10 (definition of maritime transport security incident) Repeal the definition. 33 Section 10 (definition of mobile offshore drilling unit) Omit "ship", substitute "vessel". 34 Section 10 Insert: offshore area has the meaning given by subsection 17A(7). 35 Section 10 Insert: offshore facility has the meaning given by section 17A. 36 Section 10 Insert: offshore facility operator has the meaning given by section 17C. 37 Section 10 Insert: 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 Australian Customs Service can be an offshore industry participant. The regulations may also exclude other Commonwealth Agencies from being offshore industry participants: see subsection 9(3). 38 Section 10 Insert: offshore security plan means a plan prepared for the purposes of Part 5A. 39 Section 10 Insert: offshore security zone means an offshore security zone established under subsection 113A(1). 40 Section 10 (definition of operational area) Repeal the definition, substitute: 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). 41 Section 10 Insert: petroleum has the same meaning as in the Petroleum (Submerged Lands) Act 1967. 42 Section 10 (definition of private living area) Repeal the definition, substitute: 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). 43 Section 10 (paragraph (a) of the definition of prohibited item) After "transport", insert "or offshore facilities". 44 Section 10 (at the end of the definition of security officer) Add: ; or (c) the participant's offshore security plan. 45 Section 10 Insert: security regulated offshore facility has the meaning given by section 17B. 46 Section 10 Insert: 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. 47 Section 10 (definition of ship security record) After "security regulated ship", insert "or ship regulated as an offshore facility". 48 Section 10 (definition of ship security zone) After "subsection 106(1)", insert "or (1A)". 49 Section 10 (definition of stores) Repeal the definition, substitute: 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. 50 Section 10 (definition of unlawful interference with maritime transport) Repeal the definition. 51 Section 10 Insert: unlawful interference with maritime transport or offshore facilities has the meaning given by section 11. 52 Division 5 of Part 1 (heading) Repeal the heading, substitute: Division 5—Unlawful interference with maritime transport or offshore facilities 53 Subsection 11(1) After "transport" (first occurring), insert "or offshore facilities". Note: The heading to section 11 is altered by adding at the end "or offshore facilities". 54 After paragraph 11(1)(a) Insert: (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; 55 Paragraph 11(1)(b) After "ship", insert "or offshore facility". 56 After paragraph 11(1)(c) Insert: (ca) destroying an offshore facility; 57 Subsection 11(2) After "transport", insert "or offshore facilities". 58 Subsection 16(2) Repeal the subsection, substitute: (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. 59 Subsection 17(2) Repeal the subsection, substitute: (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. 60 After Division 7 of Part 1 Insert: 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 7 to the Petroleum (Submerged Lands) Act 1967. 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 Australian waters. (3) No enforcement action may be taken against the person unless, at the time of the alleged incident giving rise to the enforcement action: (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 Australian waters. (4) In this Act, an enforcement action includes: (a) action by a maritime security inspector, a duly authorised officer, a law enforcement officer, a maritime security guard or a screening officer under Part 8; and (b) issuing an infringement notice under regulations made under section 187; and (c) making an enforcement order under Division 3 of Part 11; and (d) granting an injunction under Division 5 of Part 11. 17E Enforcement action against non‑regulated ships (1) This section applies to a foreign ship that is neither a regulated foreign ship, nor a foreign ship regulated as an offshore facility. (2) No enforcement action may be taken against the ship unless, at the time of the alleged incident giving rise to the enforcement action, the ship is involved in some activity in relation to a security regulated offshore facility, or is in Australian waters. 61 Subparagraph 18(1)(c)(v) Omit "and", substitute "or". 62 After subparagraph 18(1)(c)(v) Insert: (vi) an offshore facility; and 63 Section 20 Omit "and each regulated Australian ship unless the Secretary declares that maritime security level 2 or 3 is in force for the port, participant or ship", substitute ", each regulated Australian ship and each security regulated offshore facility unless the Secretary declares that maritime security level 2 or 3 is in force for the port, participant, ship or facility". 64 Section 20 Omit "and security regulated ship", substitute ", security regulated ship, ship regulated as an offshore facility and security regulated offshore facility". 65 Section 20 (after the paragraph relating to regulated foreign ships) Insert: A foreign ship regulated as an offshore facility may also be directed by its flag state to operate at a higher security level. If maritime security level 2 or 3 is in force for a security regulated offshore facility, that maritime security level is in force for: (a) every maritime industry participant within the facility; and (b) every security regulated ship in the vicinity of the facility that is engaged in activity in relation to the facility, and for which a lower security level was in force. 66 Section 20 After "a security regulated port", insert "or security regulated offshore facility". 67 After paragraph 21(b) Insert: (ba) security regulated offshore facility; and 68 After paragraph 22(1)(b) Insert: (ba) a security regulated offshore facility; 69 Paragraph 22(1)(e) After "port", insert "or a security regulated offshore facility". 70 Subsection 22(3) After "ship,", insert "facility,". 71 Subsection 22(3) After "transport", substitute "or offshore facilities". 72 After subsection 22(3) Insert: (4) If: (a) a foreign ship regulated as an offshore facility is registered in another country (the flag state); and (b) the ship is directed by the flag state to implement a higher level of security than would otherwise apply under this Division; then: (c) that higher security level is taken to have been declared by the Secretary under subsection (1) to be in force for the ship; and (d) the declaration is taken to have been made on the day on which the direction is given; and (e) that higher security level is in force for the ship until it ceases to be in force under the law of the flag state; and (f) if the ship is part of a security regulated offshore facility—the security level of the remainder of the facility is not affected. 73 Section 22 (note) Omit "and ship security plans (see Parts 3 and 4)", substitute ", ship security plans and offshore security plans (see Parts 3, 4 and 5A)". 74 Section 23 After "ship,", insert "facility,". 75 Paragraphs 24(a) and (b) Repeal the paragraphs, substitute: (a) every area; and (b) every security regulated ship; and (c) every ship regulated as an offshore facility; and (d) every security regulated offshore facility; and (e) any operations conducted by a maritime industry participant; 76 After section 24 Insert: 24A Maritime security level declaration for an offshore facility covers ships and operations in the vicinity If the Secretary declares that a maritime security level is in force for a security regulated offshore facility, that maritime security level is in force for: (a) every security regulated ship: (i) in the vicinity of the facility that is engaged in any activity in relation to the facility; and (ii) for which (but for this section) a lower maritime security level is in force; and (b) any operations conducted by a maritime industry participant within the boundaries of the facility. 77 At the end of section 25 Add: Offshore security plans (3) For the purposes of subsection 100D(1), if: (a) an offshore industry participant is required to comply with an offshore security plan; and (b) the Secretary makes a declaration under subsection 22(1) or is taken to have made such a declaration because of subsection 22(4); and (c) the effect of the declaration is that maritime security level 2 or 3 is in force for: (i) the participant; or (ii) particular operations of the participant; the participant does not comply with the plan unless the participant implements the measures set out in the plan for the participant or operations, as required, for that maritime security level. 78 After paragraph 26(b) Insert: (ba) a ship regulated as an offshore facility; or (bb) a security regulated offshore facility; or 79 Section 26 After "ship,", insert "facility,". 80 At the end of subsection 27(1) Add: ; and (c) each offshore industry participant who is required to have an offshore security plan and who operates within the boundaries of the security regulated port. 81 After section 28 Insert: 28A Notifying declarations covering security regulated offshore facilities (1) If the Secretary declares that a maritime security level is in force for a security regulated offshore facility (and the declaration is not one that, under subsection 22(4), is taken to have been made), the Secretary must, as soon as practicable, notify: (a) the offshore facility operator; and (b) each offshore industry participant who is required to have an offshore security plan and who operates within the boundaries of the security regulated offshore facility. (2) If the Secretary gives an offshore facility operator notice of a declaration under subsection (1), the operator must, as soon as practicable, give notice of the declaration to: (a) every offshore industry participant who is covered by the operator's offshore security plan and who operates within the boundaries of the facility; and (b) the ship operator or master of every security regulated ship located in the vicinity of the facility that is engaged in any activity in relation to the facility; and (c) where the security regulated offshore facility, or part of the facility, is a ship regulated as an offshore facility—the master of the ship. Penalty: 10 penalty units. (3) Subsection (2) does not apply if the offshore facility operator has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). (4) Subsection (2) is an offence of strict liability. 82 At the end of section 30 Add: ; and (c) if the maritime industry participant conducts operations covered by the declaration within a security regulated offshore facility and is not the offshore facility operator—the offshore facility operator. 83 Paragraph 31(1)(a) After "28,", insert "28A,". Note 1: The following heading to subsection 31(1) is inserted "Secretary must notify of revocations". Note 2: The following heading to subsection 31(2) is inserted "When port operators must then notify others". 84 At the end of section 31 Add: When offshore facility operators must then notify others (5) If: (a) an offshore facility operator has notified a person under subsection 28A(2) that a maritime security level is in force; and (b) the Secretary revokes the declaration concerned; the offshore facility operator must, as soon as practicable, notify the person of the revocation. Penalty: 10 penalty units. (6) Subsection (5) does not apply if the offshore facility operator has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code). (7) Subsection (5) is an offence of strict liability. 85 Subsection 33(3) After "transport", insert "or offshore facilities". 86 At the end of subsection 35(1) Add: ; (d) persons, other than persons mentioned in paragraphs (a) and (b), who are within the boundaries of a security regulated offshore facility. Note: The following heading to subsection 35(1) is inserted "Persons to whom Secretary may give security directions". 87 Subsection 35(2) Omit "or (c)", substitute ", (c) or (d)". Note: The following heading to subsection 35(3) is inserted "Port operator may be required to communicate security directions". 88 At the end of section 35 Add: Offshore facility operator may be required to communicate security directions (8) The Secretary may, in a security direction given to the offshore facility operator for a security regulated offshore facility, require the operator to communicate all or a part of the direction to specified maritime industry participants: (a) who are on board a security regulated ship that is in the vicinity of the facility and that is engaged in any activity in relation to the facility; or (b) who operate within the facility. (9) If the Secretary gives an offshore facility operator a direction under subsection (8) that requires the operator to communicate all or a part of the direction to specified maritime industry participants, the operator must, as soon as practicable, communicate the direction, or the part of the direction, to the specified maritime industry participants. Penalty: 50 penalty units. (10) Subsection (9) does not apply if the offshore facility operator has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (10) (see subsection 13.3(3) of the Criminal Code). (11) Subsection (9) is an offence of strict liability. (12) If a direction is given to a maritime industry participant by an offshore facility operator as mentioned in subsection (8), the direction is taken to have been given to the participant by the Secretary. 89 After section 36 Insert: 36A Secretary may give security directions to ships regulated as offshore facilities (1) The Secretary may give a security direction to a ship regulated as an offshore facility by giving the direction to: (a) the offshore facility operator for the ship; or (b) the master of the ship. (2) If the Secretary gives an offshore facility operator a direction under subsection (1), the offshore facility operator must, as soon as practicable, communicate the direction to the master of the ship covered by the direction. Penalty: 50 penalty units. (3) Subsection (2) does not apply if the offshore facility operator has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). (4) Subsection (2) is an offence of strict liability. (5) If a direction is given to a master by an offshore facility operator as mentioned in subsection (2), the direction is taken to have been given to the master by the Secretary. 90 Subsection 38(1) After "transport", insert "or offshore facilities". 91 Paragraph 38(2)(a) Omit "(including a direction given to the ship operator for, or the master of, a security regulated ship under section 36)", substitute "(including a direction given under section 36 to the ship operator for, or the master of, a security regulated ship, or a direction given under section 36A to the offshore facility operator for, or the master of, a ship regulated as an offshore facility)". 92 Subsection 39(1) (penalty) Omit "or port facility operator" (wherever occurring), substitute ", port facility operator or offshore facility operator". 93 Subsection 40(1) Omit "(including the ship operator for, or the master of, a security regulated ship when a direction has been given to the ship under section 36)", substitute "(including a person to whom a security direction to a ship is given under section 36 or 36A)". 94 Subsection 51(3) After "transport", insert ", and offshore facility,". 95 Subparagraphs 55(1)(b)(i) and (ii) After "transport", insert ", or offshore facility,". 96 Part 4 (heading) Repeal the heading, substitute: Part 4—Ship security plans and ISSCs for regulated Australian ships 97 Section 60 Omit "for ships", substitute "for those ships". 98 Subsection 70(3) After "transport", insert ", and offshore facility,". 99 Subparagraphs 74(1)(b)(i) and (ii) After "transport", insert ", or offshore facility,". Note: The heading to section 79 is replaced by the heading "Regulated Australian ship to have ISSC". 100 Subsection 83(1) (note) Omit "ship inspection powers of maritime security inspectors", substitute "inspection powers of maritime security inspectors in relation to regulated Australian ships". 101 After subsection 97(2) Insert: (2A) The operations of a regulated foreign ship must not hinder or obstruct compliance with the offshore security plan of an offshore industry participant in a way that compromises the security of the operations of the participant. Note: The heading to section 97 is altered by omitting "and ship security plans" and substituting ", ship and offshore security plans". 102 Subsection 97(3) Omit "or (2)", substitute ", (2) or (2A)". 103 After subsection 98(1) Insert: (1A) The master of a regulated foreign ship commits an offence if: (a) the master is notified by an offshore facility operator that maritime security level 2 or 3 is in force for the facility; and (b) section 24A applies to the ship so that the maritime security level in force for the facility is also in force for the ship; and (c) the master fails to acknowledge the notification to the Secretary. Penalty: 25 penalty units. 104 After paragraph 99(4)(c) Insert: (ca) removing the ship from an offshore security zone; (cb) if the ship is located in the vicinity of a security regulated offshore facility and is engaged in any activity in relation to the facility—removing the ship from the vicinity of the facility; 105 After Part 5 Insert: Part 5A—Offshore security plans Division 1—Simplified overview of Part 100A Simplified overview of Part Offshore security plans identify security measures to be implemented when different maritime security levels are in force. Various offshore industry participants are required to have, and comply with, offshore security plans. Various other persons and ships are required to comply with offshore security plans. This is dealt with in Division 3. The content and form of offshore security plans is dealt with in Division 4. The approval of offshore security plans by the Secretary is dealt with in Division 5. That Division also deals with the variation and revision of plans, and with the cancellation of the approval of plans. Division 2—Offshore industry participants required to have offshore security plans 100B Who must have offshore security plans The following offshore industry participants are required to have an offshore security plan: (a) an offshore facility operator; (b) a participant of a kind prescribed in the regulations; (c) a particular participant prescribed in the regulations. 100C Offence—operating without an offshore security plan (1) An offshore industry participant commits an offence if: (a) the participant is required under section 100B to have an offshore security plan; and (b) there is no offshore security plan in force for the participant. Penalty: For an offshore facility operator—200 penalty units. For any other offshore industry participant—100 penalty units. (2) Subsection (1) does not apply if the participant has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) Subsection (1) is an offence of strict liability. 100D Offence—failing to comply with offshore security plan (1) An offshore industry participant commits an offence if: (a) the participant is required under section 100B to have an offshore security plan; and (b) there is an offshore security plan for the participant in force; and (c) the participant fails to comply with the plan. Penalty: For an offshore facility operator—200 penalty units. For any other offshore industry participant—100 penalty units. (2) Subsection (1) does not apply if the participant has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) Subsection (1) is an offence of strict liability. Division 3—Complying with other plans 100E Complying with offshore security plans of offshore industry participants (1) A maritime industry participant must not engage in conduct that hinders or obstructs compliance with an offshore security plan of an offshore industry participant. (2) If: (a) an offshore security plan (the covering plan) for an offshore industry participant covers the activities of another offshore industry participant; and (b) the other participant: (i) is not required to have an offshore security plan; and (ii) has been given the relevant parts of the covering plan; the other offshore industry participant must take all reasonable steps to comply with the covering plan. (3) If: (a) an offshore security plan (the covering plan) for an offshore industry participant covers the activities of another offshore industry participant; and (b) the other participant: (i) is required to have an offshore security plan; and (ii) has been given the relevant parts of the covering plan; and (iii) has agreed in writing to those activities being covered by the covering plan; the other offshore industry participant must take all reasonable steps to comply with the covering plan. (4) If a maritime industry participant contravenes subsection (1), (2) or (3), the participant does not commit an offence but may be subject to an enforcement order (see section 189) or an injunction under section 197. 100F Regulated Australian ships must not hinder or obstruct compliance with offshore security plans (1) The operations of a regulated Australian ship must not hinder or obstruct compliance with an offshore security plan. (2) If the operations of a regulated Australian ship hinder or obstruct compliance with an offshore security plan, either or both of the following may be subject to a ship enforcement order (see section 195) or an injunction under section 197: (a) the ship operator for the ship; (b) the master of the ship. Note: Obligations on regulated foreign ships are set out in Division 2 of Part 5. Division 4—Content and form of offshore security plans 100G Content of offshore security plans (1) An offshore security plan for an offshore industry participant must: (a) include a security assessment for the participant's operation; and (b) set out the security activities or measures to be undertaken or implemented by the participant for maritime security levels 1, 2 and 3; and (c) include contact details for the participant's security officer; and (d) make provision for the use of declarations of security; and (e) demonstrate that the implementation of the plan will make an appropriate contribution towards the achievement of maritime security outcomes; and (f) complement, to the fullest extent possible, the occupational health and safety requirements under the laws of the Commonwealth, a State or Territory applying at the facility. Note: The maritime security outcomes are set out in subsection 3(4). (2) The security assessment under paragraph (1)(a) must: (a) take into account any documents required in writing by the Secretary to be taken into account; and (b) address any matters prescribed in the regulations. 100H Prescribed content for offshore security plans The regulations may prescribe specific matters that are to be dealt with in one or more of the following: (a) each offshore security plan; (b) each offshore security plan for a particular kind of offshore industry participant; (c) each offshore security plan for a particular class of a particular kind of offshore industry participant. 100I Form of offshore security plans (1) An offshore security plan must be: (a) in writing; and (b) prepared in accordance with any requirements set out in the regulations. (2) An offshore security plan must be accompanied by: (a) information on the location of the facility; and (b) information on each offshore security zone covered by the plan; and (c) if the participant proposes changes to an offshore security zone—information on the proposed change; of the kind and in the form prescribed by the regulations. Division 5—Approving, revising and cancelling offshore security plans 100J Providing offshore security plans for approval An offshore industry participant may give the Secretary an offshore security plan for the participant and request the Secretary to approve the plan. 100K Approval of offshore security plans (1) If the Secretary is satisfied that the plan adequately addresses the relevant requirements under Division 4, the Secretary must: (a) approve the plan; and (b) give the participant written notice of the approval. (2) If the Secretary is not satisfied that the plan adequately addresses the relevant requirements under Division 4, the Secretary must: (a) refuse to approve the plan; and (b) give the participant written notice of the refusal including reasons for the refusal. (3) In determining whether the plan adequately addresses the relevant requirements under Division 4, the Secretary may take account of existing circumstances as they relate to the security of maritime transport and offshore facilities. (4) If: (a) an offshore industry participant gives the Secretary an offshore security plan; and (b) the Secretary does not approve, or refuse to approve, the plan within the period of 90 days after the plan was given; the Secretary is taken to have refused to approve the plan. Note: An offshore industry participant may apply to the Administrative Appeals Tribunal for review of a decision to refuse to approve an offshore security plan under subsection (2) or (4): see section 201. 100L When an offshore security plan is in force (1) If the Secretary approves the offshore security plan, the plan comes into force at the time specified in the notice of approval. (2) However, if: (a) the time specified in the notice is earlier than the time at which the notice was given; or (b) no time is specified in the notice as the time when the plan comes into force; the plan comes into force when the notice is given. (3) The plan remains in force until: (a) the plan is replaced under subsection 100N(2); or (b) the approval of the plan is cancelled under this Division. 100M Secretary may direct variations of offshore security plans (1) If: (a) an offshore security plan for an offshore industry participant is in force; and (b) the Secretary is no longer satisfied that the plan adequately addresses the relevant requirements under Division 4; the Secretary may, by written notice given to the participant, direct the participant to vary the plan. (2) However, the Secretary must not give a direction under subsection (1) unless the Secretary is satisfied that the plan, as varied, would adequately address the relevant requirements under Division 4. (3) In the notice, the Secretary must: (a) set out the variation; and (b) specify the period within which the participant must give the Secretary the plan as varied. (4) If the participant does not give the Secretary the plan: (a) varied in accordance with the direction; and (b) within the specified period, or within any further period allowed by the Secretary; the Secretary must, by written notice given to the participant, cancel the approval of the plan. 100N Participants may revise offshore security plans (1) If: (a) an offshore industry participant has given the Secretary an offshore security plan; and (b) the participant gives the Secretary another offshore security plan (the revised plan); sections 100K and 100L apply in relation to the revised plan. (2) If a revised plan for an offshore industry participant comes into force, it replaces any other plan for the participant in force at that time. 100O Secretary may direct participants to revise offshore security plans (1) If: (a) an offshore security plan for an offshore industry participant (the existing plan) is in force; and (b) the Secretary is no longer satisfied that the existing plan adequately addresses the relevant requirements under Division 4: (i) because there is a change in circumstances that relate to the security of maritime transport or offshore facilities; or (ii) because there is a change in circumstances that could impact on the security of maritime transport or offshore facilities; or (iii) for some other reason; the Secretary may, by written notice given to the participant, direct the participant to give the Secretary a revised plan under section 100N. (2) The notice must specify the period within which the revised plan must be given. (3) If the participant does not give the Secretary the revised plan within the specified period, or within any further period allowed by the Secretary, the Secretary must, by written notice given to the participant, cancel the approval of the existing plan. 100P Offshore security plans must be revised every 5 years If: (a) an offshore security plan for an offshore industry participant (the existing plan) has been in force for a period of 5 years; and (b) the Secretary has not approved a revised plan for the participant under section 100N within that period; the approval of the existing plan is cancelled by force of this section. 100Q Cancelling inadequate offshore security plans If: (a) an offshore security plan for an offshore industry participant is in force; and (b) the Secretary is no longer satisfied that the plan adequately addresses the relevant requirements under Division 4; and (c) the Secretary is satisfied that it is not appropriate to direct the participant to: (i) vary the plan under section 100M; or (ii) revise the plan under section 100O; the Secretary must, by written notice given to the participant, cancel the approval of the plan. 100R Cancelling for failure to comply with offshore security plans (1) If: (a) an offshore security plan for an offshore industry participant is in force; and (b) the participant has accumulated the number of demerit points prescribed by the regulations as the number necessary for the Secretary to be able to cancel the approval of the plan; the Secretary may, by written notice given to the participant, cancel the approval of the plan. Note: For the demerit points system, see Division 6 of Part 11. (2) Before cancelling the approval of a plan under subsection (1), the Secretary may, by written notice given to the participant, request the participant to show cause why the approval of the plan should not be cancelled. 100S Cancelling offshore security plans where facility moved If: (a) an offshore security plan for an offshore industry participant is in force; and (b) the plan relates, in whole or in part, to a particular offshore facility; and (c) that facility is moved to a new location for the purpose of extracting petroleum from the seabed or its subsoil at that location; the Secretary may, by written notice given to the participant, cancel the approval of the plan. 100T Cancelling offshore security plans on request If: (a) an offshore security plan for an offshore industry participant is in force; and (b) the participant makes a written request to the Secretary for the approval of the plan to be cancelled; the Secretary must, by written notice given to the participant, cancel the approval of the plan. Part 5B—ISSC for an Australian ship regulated as an offshore facility Division 1—Simplified overview of Part 100U Simplified overview of Part An Australian ship regulated as an offshore facility is required to have an ISSC (International Ship Security Certificate). Division 2 provides for the Secretary to issue ISSCs and interim ISSCs for those ships. Division 3 allows the Secretary to delegate his or her powers under this Part to registered security organisations. Division 2—ISSC obligations 100V Australian ship regulated as an offshore facility to have ISSC An Australian ship regulated as an offshore facility must have an ISSC. 100W Offence—operating without an ISSC (1) The offshore facility operator for an Australian ship regulated as an offshore facility commits an offence if: (a) the ship is being used for maritime transport or the extraction of petroleum from the seabed or its subsoil; and (b) there is no ISSC or interim ISSC in force for the ship. Penalty: 200 penalty units. (2) Subsection (1) does not apply if the offshore facility operator has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) Subsection (1) is an offence of strict liability. 100X Applying for an ISSC (1) The offshore facility operator for an Australian ship regulated as an offshore facility may apply to the Secretary for an ISSC for the ship. (2) The application must be in accordance with any requirements prescribed in the regulations. The regulations may prescribe requirements in relation to the form and content of the application, and the way in which the application is made. 100Y Conditions for giving an ISSC The Secretary must give an offshore facility operator an ISSC for an Australian ship regulated as an offshore facility if: (a) the operator has applied for an ISSC for the ship; and (b) there is an offshore security plan in force for the ship, or the security regulated offshore facility of which the ship forms a part; and (c) the ship is ISSC verified. 100Z ISSC verification (1) An Australian ship regulated as an offshore facility is ISSC verified if: (a) a maritime security inspector has inspected the ship; and (b) the maritime security inspector has verified that the ship meets the requirements determined in writing by the Secretary; and (c) the period, determined in writing by the Secretary, within which the ship must be next inspected has not ended. Note: Sections 138 and 140A set out the inspection powers of maritime security inspectors in relation to Australian ships regulated as offshore facilities. (2) In making a determination under subsection (1), the Secretary must have regard to the obligations set out in the ISPS Code. (3) If: (a) there is an ISSC in force for an Australian ship regulated as an offshore facility; and (b) a maritime security inspector inspects the ship; and (c) the inspector finds that the ship does not meet the requirements determined under paragraph (1)(b); and (d) the ship does not meet those requirements within any period allowed in writing by the inspector; the ship is no longer ISSC verified. 100ZA When an ISSC is in force If the Secretary gives an ISSC to the offshore facility operator for an Australian ship regulated as an offshore facility, the ISSC comes into force when it is given and remains in force until any of the following occurs: (a) the Secretary cancels the ISSC; (b) the offshore facility operator is no longer the offshore facility operator for the ship; (c) the period of 5 years after the ISSC is given expires. 100ZB Cancelling ISSCs The Secretary must, by written notice given to the offshore facility operator for an Australian ship regulated as an offshore facility, cancel the ISSC for the ship if either of the following occurs: (a) there is no longer an offshore security plan in force for the ship, or the security regulated offshore facility of which the ship forms a part; (b) the ship is no longer ISSC verified. 100ZC Interim ISSCs (1) If: (a) the offshore facility operator for an Australian ship regulated as an offshore facility has applied to the Secretary for an ISSC for the ship; and (b) there is an offshore security plan in force for the ship, or the security regulated offshore facility of which the ship forms a part; and (c) the ship is not ISSC verified; and (d) the Secretary reasonably believes that, were the ship to be inspected as mentioned in subsection 100Z(1), the ship would be ISSC verified; the Secretary may give the operator an interim ISSC for the ship. (2) If: (a) the Secretary has given an offshore facility operator an ISSC for an Australian ship regulated as an offshore facility; and (b) while the ISSC is in force, another offshore facility operator becomes the offshore facility operator for the ship; the Secretary may give the other offshore facility operator an interim ISSC for the ship. (3) An interim ISSC is in force for the period, not exceeding 6 months, specified in the interim ISSC. 100ZD Offence—false or misleading statements in relation to having an ISSC (1) The master of an Australian ship regulated as an offshore facility commits an offence if: (a) the master makes a statement (whether orally, in a document or in any other way); and (b) the master does so knowing that the statement: (i) is false or misleading; or (ii) omits any matter or thing without which the statement is misleading; and (c) the statement is made in connection with whether an ISSC or interim ISSC is in force for the ship; and (d) any of the following subparagraphs applies: (i) the statement is made to a maritime industry participant; (ii) the statement is made to a person who is authorised by a Contracting state to the SOLAS Convention to request information about, or in connection with, whether a valid ISSC or interim ISSC is in force for the ship; (iii) the statement is made to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth; (iv) the statement is made in compliance or purported compliance with a law of the Commonwealth. Penalty: 50 penalty units. (2) Absolute liability applies to each of the subparagraph (1)(d)(i), (ii), (iii) and (iv) elements of the offence. (3) Subsection (1) does not apply as a result of subparagraph (1)(b)(i) if the statement is not false or misleading in a material particular. Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). (4) Subsection (1) does not apply as a result of subparagraph (1)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular. Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code). Division 3—Recognised security organisations 100ZE Secretary may delegate powers and functions under this Part (1) The Secretary may, by writing, delegate all or any of his or her powers and functions under Part 5B to a person who: (a) satisfies the criteria prescribed in the regulations; and (b) is engaged by a recognised security organisation. Note: The Secretary may determine that an organisation is a recognised security organisation under subsection 88(2). (2) In exercising powers or functions delegated under subsection (1), the delegate must comply with any directions of the Secretary. 100ZF Recognised security organisations may conduct