Commonwealth of Australia Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY AMENDMENT (MARITIME SECURITY GUARDS AND OTHER MEASURES) BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Maritime Transport and Offshore
Facilities Security Amendment
(Maritime Security Guards and Other
Measures) Bill 2005
No. , 2005
(Transport and Regional Services)
A Bill for an Act to amend the law relating to the
security of maritime transport and offshore
facilities, and for related purposes
i Maritime Transport and Offshore Facilities Security Amendment (Maritime Security
Guards and Other Measures) Bill 2005 No. , 2005
Contents
1
Short title ......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................3
Schedule 1--Maritime security guards
4
Maritime Transport and Offshore Facilities Security Act 2003
4
Schedule 2--Miscellaneous amendments
10
Maritime Transport and Offshore Facilities Security Act 2003
10
Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards
and Other Measures) Bill 2005 No. , 2005 1
A Bill for an Act to amend the law relating to the
1
security of maritime transport and offshore
2
facilities, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Maritime Transport and Offshore
6
Facilities Security Amendment (Maritime Security Guards and
7
Other Measures) Act 2005.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Maritime Transport and Offshore Facilities Security Amendment (Maritime Security
Guards and Other Measures) Bill 2005 No. , 2005
1
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.
2. Schedule 1,
item 1
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
item 122 of Schedule 1 to the Maritime
Transport Security Amendment Act
2005.
3. Schedule 1,
items 2 to 4
A single day to be fixed by Proclamation.
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.
4. Schedule 2,
items 1 to 5
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
item 2 of Schedule 1 to the Maritime
Transport Security Amendment Act
2005.
5. Schedule 2,
items 6 to 8
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
item 72 of Schedule 1 to the Maritime
Transport Security Amendment Act
2005.
Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards
and Other Measures) Bill 2005 No. , 2005 3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
6. Schedule 2,
item 9
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
item 89 of Schedule 1 to the Maritime
Transport Security Amendment Act
2005.
7. Schedule 2,
items 10 and 11
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
item 2 of Schedule 1 to the Maritime
Transport Security Amendment Act
2005.
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Schedule 1 Maritime security guards
4 Maritime Transport and Offshore Facilities Security Amendment (Maritime Security
Guards and Other Measures) Bill 2005 No. , 2005
1
Schedule 1--Maritime security guards
2
3
Maritime Transport and Offshore Facilities Security Act
4
2003
5
1 At the end of section 113D
6
Add:
7
(6) Regulations made under subsection (1) must be consistent with
8
Australia's obligations under international law.
9
2 Section 161
10
Repeal the section, substitute:
11
161 Simplified overview of Division
12
This Division provides maritime security guards with limited
13
powers to:
14
(a)
request people to produce identification and state
15
reasons for being in maritime security zones; and
16
(b)
restrain and detain people; and
17
(c)
remove unauthorised people from maritime security
18
zones if they do not leave when requested to do so;
19
and
20
(d)
remove unauthorised vehicles and vessels from
21
maritime security zones if a guard is unable to have
22
the vehicles or vessels removed by persons in
23
control of them.
24
The Division establishes restrictions on these powers, such as
25
limiting the amount of force that may be used. The power to detain
26
a person is also restricted to the period before the person can be
27
dealt with by a law enforcement officer.
28
Maritime security guards Schedule 1
Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards
and Other Measures) Bill 2005 No. , 2005 5
Regulations must establish requirements to be met before a person
1
can become a maritime security guard.
2
3 At the end of Division 5 of Part 8
3
Add:
4
163A Maritime security guards' power to request information
5
Power to require production of ID
6
(1) A maritime security guard may request any person found in a
7
maritime security zone to produce identification.
8
(2) A person commits an offence if:
9
(a) a maritime security guard has made a request to the person
10
under subsection (1); and
11
(b) the guard has identified himself or herself as a maritime
12
security guard to the person; and
13
(c) the guard has informed the person of the guard's authority to
14
make the request; and
15
(d) the guard has informed the person that it may be an offence
16
not to comply with the request; and
17
(e) the person fails to comply with the request.
18
Penalty: 20 penalty units.
19
(3) Subsection (2) does not apply if the person has a reasonable excuse.
20
Note:
A defendant bears an evidential burden in relation to the matter in
21
subsection (3) (see subsection 13.3(3) of the Criminal Code).
22
Power to require persons to state reason for being in zone
23
(4) If:
24
(a) a person is in a maritime security zone; and
25
(b) a maritime security guard believes, on reasonable grounds,
26
that the person is not:
27
(i) a maritime security inspector; or
28
(ii) a duly authorised officer; or
29
(iii) a law enforcement officer; or
30
Schedule 1 Maritime security guards
6 Maritime Transport and Offshore Facilities Security Amendment (Maritime Security
Guards and Other Measures) Bill 2005 No. , 2005
(iv) a member of the Australian Defence Force; or
1
(v) a person who is authorised by a law of the
2
Commonwealth, State or Territory to enter a maritime
3
security zone; or
4
(vi) a person of a kind prescribed in the regulations for the
5
purposes of this subparagraph;
6
the maritime security guard may request the person to state his or
7
her reason for being in the zone.
8
(5) A person commits an offence if:
9
(a) a request has been made to the person under subsection (4);
10
and
11
(b) the guard has identified himself or herself as a maritime
12
security guard to the person; and
13
(c) the guard has informed the person of the guard's authority to
14
make the request; and
15
(d) the guard has informed the person that it may be an offence
16
not to comply with the request; and
17
(e) the person fails to comply with the request.
18
Penalty: 20 penalty units.
19
(6) Subsection (5) does not apply if the person has a reasonable excuse.
20
Note:
A defendant bears an evidential burden in relation to the matter in
21
subsection (6) (see subsection 13.3(3) of the Criminal Code).
22
163B Requests to leave maritime security zones
23
(1) If a maritime security guard reasonably suspects that a person is
24
within a maritime security zone without proper authorisation, the
25
guard may request the person to leave the zone.
26
(2) A person commits an offence if:
27
(a) a request has been made to the person under subsection (1);
28
and
29
(b) the guard has identified himself or herself as a maritime
30
security guard to the person; and
31
(c) the guard has informed the person of the guard's authority to
32
make the request; and
33
Maritime security guards Schedule 1
Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards
and Other Measures) Bill 2005 No. , 2005 7
(d) the guard has informed the person that it may be an offence
1
not to comply with the request; and
2
(e) the person fails to comply with the request.
3
Penalty: 20 penalty units.
4
(3) Subsection (2) does not apply if the person has a reasonable excuse.
5
Note:
A defendant bears an evidential burden in relation to the matter in
6
subsection (3) (see subsection 13.3(3) of the Criminal Code).
7
(4) Subsection (2) is an offence of strict liability.
8
163C Maritime security guards' power to remove people from zones
9
(1) If:
10
(a) a request to leave a maritime security zone has been made to a
11
person under subsection 163B(1); and
12
(b) the guard has done the things mentioned in paragraphs
13
163B(2)(b), (c) and (d); and
14
(c) the person fails to comply with the request;
15
the guard may remove the person from the zone.
16
(2) A maritime security guard must not use more force, or subject the
17
person to greater indignity, than is necessary and reasonable to
18
remove the person from the zone.
19
163D Maritime security guards' power to remove vehicles from
20
zones
21
(1) A maritime security guard may remove, or cause to be removed, a
22
vehicle from a maritime security zone if the guard reasonably
23
suspects that the vehicle is in the zone without proper authorisation.
24
(2) However, a vehicle must not be removed under this section without
25
the maritime security guard making reasonable efforts to have the
26
person in control of the vehicle remove the vehicle.
27
(3) The maritime security guard must ensure that:
28
(a) no more force than is necessary and reasonable to remove the
29
vehicle is used; and
30
Schedule 1 Maritime security guards
8 Maritime Transport and Offshore Facilities Security Amendment (Maritime Security
Guards and Other Measures) Bill 2005 No. , 2005
(b) a person is not subjected to greater indignity than is necessary
1
and reasonable to remove the vehicle; and
2
(c) reasonable efforts are taken to avoid damaging the vehicle.
3
(4) If a vehicle is removed under this section, the maritime security
4
guard must make reasonable efforts to notify:
5
(a) the vehicle's owner; and
6
(b) persons of a kind (if any) prescribed in the regulations;
7
about the vehicle's removal and the vehicle's new location.
8
(5) If a person reasonably incurs costs or expenses in relation to the
9
vehicle's removal, relocation or storage under this section, the
10
vehicle's owner is liable to pay to the person an amount equal to
11
those costs and expenses. This amount:
12
(a) may be recovered by the person as a debt due to the person in
13
a court of competent jurisdiction; and
14
(b) must not be such as to amount to taxation.
15
(6) The regulations may make provision for:
16
(a) the disposal, through sale or otherwise, of unclaimed vehicles;
17
and
18
(b) the manner in which the proceeds of any sale are to be
19
distributed.
20
163E Maritime security guards' power to remove vessels from zones
21
(1) A maritime security guard may remove, or cause to be removed, a
22
vessel, other than a security regulated ship or a ship regulated as an
23
offshore facility, from a maritime security zone if the guard
24
reasonably suspects that the vessel is in the zone without proper
25
authorisation.
26
(2) However, a vessel must not be removed under this section without
27
the maritime security guard making reasonable efforts to have the
28
person in control of the vessel remove the vessel.
29
(3) The maritime security guard must ensure that:
30
(a) no more force than is necessary and reasonable to remove the
31
vessel is used; and
32
Maritime security guards Schedule 1
Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards
and Other Measures) Bill 2005 No. , 2005 9
(b) a person is not subjected to greater indignity than is necessary
1
and reasonable to remove the vessel; and
2
(c) reasonable efforts are taken to avoid damaging the vessel.
3
(4) If a vessel is removed under this section, the maritime security
4
guard must make reasonable efforts to notify:
5
(a) the vessel's owner; and
6
(b) persons of a kind (if any) prescribed in the regulations;
7
about the vessel's removal and the vessel's new location.
8
(5) If a person reasonably incurs costs or expenses in relation to the
9
vessel's removal, relocation or storage under this section, the
10
vessel's owner is liable to pay to the person an amount equal to
11
those costs and expenses. This amount:
12
(a) may be recovered by the person as a debt due to the person in
13
a court of competent jurisdiction; and
14
(b) must not be such as to amount to taxation.
15
(6) The regulations may make provision for:
16
(a) the disposal, through sale or otherwise, of unclaimed vessels;
17
and
18
(b) the manner in which the proceeds of any sale are to be
19
distributed.
20
4 Subsection 187(1)
21
Omit "or 155(4)", substitute ", 155(4), 163A(2) or 163A(5)".
22
Schedule 2 Miscellaneous amendments
10 Maritime Transport and Offshore Facilities Security Amendment (Maritime Security
Guards and Other Measures) Bill 2005 No. , 2005
1
Schedule 2--Miscellaneous amendments
2
3
Maritime Transport and Offshore Facilities Security Act
4
2003
5
1 Section 10 (definition of cleared area)
6
Omit "persons who", substitute "persons, goods, vehicles and vessels
7
that".
8
2 Section 10
9
Insert:
10
gross tonnage has the same meaning as in the SOLAS Convention.
11
3 Section 10 (paragraph (e) of the definition of maritime
12
industry participant)
13
Repeal the paragraph.
14
4 Paragraph 16(1)(b)
15
Omit "500 or more gross tonnes", substitute "500 gross tonnage or
16
more".
17
5 Subparagraph 17(1)(b)(ii)
18
Omit "500 or more gross tonnes", substitute "500 gross tonnage or
19
more".
20
6 After subsection 22(4)
21
Insert:
22
(5) A declaration under subsection (1) that a maritime security level is
23
in force for a regulated Australian ship may specify that the level is
24
only in force for the ship while it is in specified waters.
25
7 Section 23
26
Repeal the section, substitute:
27
Miscellaneous amendments Schedule 2
Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards
and Other Measures) Bill 2005 No. , 2005 11
23 When a maritime security level is in force
1
(1) If a declaration is made under subsection 22(1) or (2), the maritime
2
security level declared in the declaration is in force for the port,
3
facility, area, participant, operation or regulated foreign ship
4
covered by the declaration until either of the following occurs:
5
(a) the period (if any) specified in the declaration expires;
6
(b) the declaration is revoked, in writing, by the Secretary.
7
(2) If a declaration is made under subsection 22(1) for a regulated
8
Australian ship, and the declaration does not limit the waters in
9
which the security level is in force in reliance on subsection 22(5),
10
the maritime security level declared in the declaration is in force for
11
the ship until either of the following occurs:
12
(a) the period (if any) specified in the declaration expires;
13
(b) the declaration is revoked, in writing, by the Secretary.
14
(3) If a declaration is made under subsection 22(1) for a regulated
15
Australian ship, and the declaration limits the waters in which the
16
security level is in force in reliance on subsection 22(5), then unless:
17
(a) the period (if any) specified in the declaration expires; or
18
(b) the declaration is revoked, in writing, by the Secretary;
19
the maritime security level declared in the declaration is in force for
20
the ship while it is in those waters.
21
8 Section 28
22
Repeal the section, substitute:
23
28 Notifying declarations covering security regulated ships
24
If the Secretary declares that:
25
(a) a maritime security level is in force for a regulated Australian
26
ship; or
27
(b) a maritime security level is in force for a regulated Australian
28
ship while it is in specified waters; or
29
(c) a maritime security level is in force for a regulated foreign
30
ship;
31
the Secretary must, as soon as practicable, notify the ship operator
32
for the ship, or the master of the ship.
33
Schedule 2 Miscellaneous amendments
12 Maritime Transport and Offshore Facilities Security Amendment (Maritime Security
Guards and Other Measures) Bill 2005 No. , 2005
9 Subsection 39(1)
1
After "A person", insert "(including a person to whom a security
2
direction to a ship is given under section 36 or 36A)".
3
10 Subsection 46(2)
4
Omit "an enforcement order (see section 189)", substitute "a ship
5
enforcement order (see section 195)".
6
11 Subsection 64(2)
7
Omit "an enforcement order (see section 189)", substitute "a ship
8
enforcement order (see section 195)".
9