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
- Amendments to the Legislation
- More Information
'Strengthening Maritime Security' guide to legislation
The 'Strengthening Maritime Security' guide [
PDF: 2537 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The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) was originally enacted as the Maritime Transport Security Act 2003 on 12 December 2003.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.
Amendments to the Legislation
Amendments to the Act
- Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act 2006 Proclamation. This proclamation provides for the commencement of Schedule 1 to the Maritime Transport Security and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act 2006 on the 6 November 2006. This proclamation was made on 1 November 2006.
- Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act 2006. The main purpose of this Act is to make procedural changes to the process of the approval, and revision of, various types of maritime security plans. The Act received Royal Assent on 27 September 2006.
- Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards and Other Measures) Act 2006. This Act provides maritime security guards with move-on powers and makes minor amendments to the Maritime Transport and Offshore Facilities Security Act 2003. The Act received Royal Assent on 27 September 2006.
- Maritime Transport Security Amendment Act 2005 - Proclamation. This proclamation provides for the commencement of items 3 to 14 of Schedule 1 to the Maritime Transport Security Amendment Act 2005. This proclamation was made on 15 September 2005.
- Maritime Transport Security Amendment Act 2005. The Act extends the application of the maritime security legislation to safeguard against unlawful interference with offshore facilities, in addition to maritime transport. It also provides for the Maritime Security Identification Card Scheme. The Act received the Royal Assent on 26 June 2005.
Amendments to the Regulations
- Maritime Transport and Offshore Facilities Security Regulations 2007 (No.2) These Regulations allow for the transition of background checking responsibilities from the Background Checking Unit to AusCheck.
- Maritime Transport and Offshore Facilities Security Regulations 2007 (No. 1). These Regulations amend the Maritime Transport and Offshore Facilities Security Regulations 2003 to complement the enhanced powers for maritime security guards set out in the recent amendment to the Maritime Transport and Offshore Facilities Security Act 2003.
- Maritime Transport and Offshore Facilities Security Amendment Regulations 2006 (No.3). The Regulations were amended to provide for a series of minor technical changes that would ensure a smooth commencement of the MSIC scheme on 1 January 2007. Amendments were also made to require maritime industry participants to provide contact details of their security officers in an accompanying document to their security plans. These regulations were made on 13 December 2006.
- Maritime Transport and Offshore Facilities Security Amendment Regulations 2006 (No.2). The Regulations were amended to ensure that persons who require Maritime Security Identification Cards (MSICs) apply for their MSICs as soon as possible, by providing for an MSIC implementation period until the end of 2006. These regulations were made on 27 July 2006.
- Maritime Transport and Offshore Facilities Security Amendment Regulations 2006 (No.1). These regulations allow for variations to an MSIC card. These regulations were made on 13 July 2006.
- Maritime Transport and Offshore Facilities Security Amendment Regulations 2005 (No.3). These regulations establish infringement notices and demerit points systems for enforcement of offences under the maritime security legislation. These regulations were made on 6 October 2005.
- Maritime Transport and Offshore Facilities Security Amendment Regulations 2005 (No.2). These regulations proclaim that commencement of provisions dealing with offshore service providers is deferred to 1 March 2006. These regulations were made on 15 September 2005.
- Maritime Transport and Offshore Facilities Security Amendment Regulations 2005 (No.1). These regulations support the introduction of the Maritime Security Identification Card and clarify provisions dealing with the establishment and enforcement of offshore security zones. These regulations were made on 1 September 2005.
- Maritime Transport Security Amendment Regulations 2005 (No.2). These regulations support the extension of the maritime security legislation which safeguards against unlawful interference with offshore facilities in addition to maritime transport. These regulations were made on 7 July 2005.
- Maritime Transport Security Amendment Regulations 2005 (No.1). These regulations were amended on 7 June 2005 to address outstanding issues and clarify industry concerns.
- Maritime Transport Security Amendment Regulations 2004 (No.3). These regulations insert provisions to enable the Secretary of the Department of Infrastructure, Transport, Regional Development and Local Government to obtain information from security regulated ships concerning their next four ports of call. These Regulations were made on 24 June 2004.
- Maritime Transport Security Amendment Regulations 2004 (No.2). These regulations clarify provisions in the Maritime Transport Security Regulations 2003 (the Principal Regulations) and correct inconsistencies identified since notification of the Principal Regulations. These Regulations were made on 10 June 2004.
- Maritime Transport Security Amendment Regulations 2004 (No.1). These regulations establish additional requirements for Australian maritime industry participants and operators of foreign regulated ships, as well as to correct some minor errors and clarify some provisions in the Maritime Transport Security Regulations 2003. These Regulations were made on 10 March 2004.
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. Please visit this site for other Commonwealth Legislation as well.
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