Legislation & Regulation

The maritime transport and offshore facilities security legislation establishes a regulatory framework that safeguards maritime transport and offshore facilities against unlawful interference. In particular, the framework is aimed at protecting ships, ports and port facilities within Australia and offshore facilities, and Australian ships operating outside of Australia.

• 'Strengthening Maritime Security' guide to legislation
• Maritime Transport and Offshore Facilities Security Act
• Maritime Transport and Offshore Facilities Security Regulations
• More Information

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'Strengthening Maritime Security' Guide to Legislation

The 'Strengthening Maritime Security' guide [PDF: 2538 KB] has been revised. The guide provides maritime industry participants and other stakeholders with a plain English reference to the Maritime Transport and Offshore Facilities Security Act 2003 (the Act) and the Maritime Transport and Offshore Facilities Security Regulations 2003 (the Regulations).

The revised guide contains new links to guidance material, addresses legislative amendments since 2006 and provides additional information on maritime security. Topics in this guide are cross-referenced with the relevant provisions of the Act and Regulations to help readers navigate their way through the detail of the Act and the Regulations.

Please note that this guide is not a substitute for the Act and the regulations. For complete details readers should refer to the relevant provisions in the Act and the regulations.

Maritime Transport and Offshore Facilities Security Act 2003

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) was originally enacted as the Maritime Transport Security Act 2003 on 12 December 2003. The title was amended in 2005 to reflect subsequent changes incorporating offshore facilities.

Purpose

The Act establishes an outcomes-based preventive security framework that enables maritime industry participants to develop individual security plans that are relevant to their particular circumstances and specific risks.

Scope

The Act applies to Australian trading and passenger ships, and foreign ships travelling to a port in Australia. It also applies to Australian ports, port facilities, and port service providers that serve security regulated ships, and Australia's offshore facilities. The Act does not apply to Defence vessels, Commonwealth or foreign government vessels on non-commercial voyages, or fishing and recreational vessels.

Overview

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 Ship security plans and International Ship Security Certificates (ISSCs) 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 sets out requirements to be met by 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, duly authorised officers, law enforcement officers, maritime security guards and screening officers.

Part 9 sets out reporting obligations in regards to reporting of 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 Appeals Tribunal.

Part 13 deals with miscellaneous matters.

SOLAS Special Measures to Enhance Maritime Security

The Act also seeks to fulfill Australia's international maritime security obligations under:

• Chapter X1-2 of the Safety of Life at Sea (SOLAS) Convention, entitled Special Measures to Enhance Maritime Security, and
• the International Ship and Port Facility Security (ISPS) Code, which focuses on the protection of ships, and the ship to shore interface.

This chapter of SOLAS, together with the ISPS Code, provides the basis for the international campaign to combat maritime terrorism and enhance maritime security.

Maritime Transport and Offshore Facilities Security Regulations 2003

The Maritime Transport and Offshore Facilities Security Regulations 2003 (the Regulations) provide the operational details of the Act and adopt the same outcomes-based approach.

The Regulations specify the requirements for maritime and ship security plans, so that the plans meet the criteria set out in the Act.

Other Legislative Instruments

• Maritime Transport and Offshore Facilities Security Act Notice About How Incident Reports Are To Be Made (No.3).This Notice requires persons reporting 'maritime transport or offshore facility security incidents' to the Secretary of the Department of Infrastructure, Transport, Regional Development and Local Government to provide certain minimum information and also requires the report to be made in writing to the the Department of Infrastructure, Transport, Regional Development and Local Government Coordination Centre.

More Information

Consolidated versions of the Maritime Transport and Offshore Facilities Security Act 2003 and the Maritime Transport and Offshore Facilities Security Regulations 2003 are available on the ComLaw website - www.comlaw.gov.au. All previous amendments to the Act and Regulations can also be found through this site. Please visit this site for other Commonwealth Legislation as well.