Commonwealth Numbered Acts

MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY AMENDMENT (MARITIME SECURITY GUARDS AND OTHER MEASURES) ACT 2006 (NO. 103, 2006) - SCHEDULE 2

Maritime Transport and Offshore Facilities Security Act 2003

1  Section 10 (definition of cleared area )

Omit "persons who", substitute "persons, goods, vehicles and vessels that".

2  Section 10

Insert:

"gross tonnage" has the same meaning as in the SOLAS Convention.

3  Section 10 (paragraph (e) of the definition of maritime industry participant )

Repeal the paragraph.

4  Paragraph 16(1)(b)

Omit "500 or more gross tonnes", substitute "500 gross tonnage or more".

5  Subparagraph 17(1)(b)(ii)

Omit "500 or more gross tonnes", substitute "500 gross tonnage or more".

6  After subsection 22(4)

Insert:

             (5)  A declaration under subsection (1) that a maritime security level is in force for a regulated Australian ship may specify that the level is only in force for the ship while it is in specified waters.

7  Section 23

Repeal the section, substitute:

23   When a maritime security level is in force

             (1)  If a declaration is made under subsection 22(1) or (2), the maritime security level declared in the declaration is in force for the port, facility, area, participant, operation or regulated foreign ship covered by the declaration until either of the following occurs:

                     (a)  the period (if any) specified in the declaration expires;

                     (b)  the declaration is revoked, in writing, by the Secretary.

             (2)  If a declaration is made under subsection 22(1) for a regulated Australian ship, and the declaration does not limit the waters in which the security level is in force in reliance on subsection 22(5), the maritime security level declared in the declaration is in force for the ship until either of the following occurs:

                     (a)  the period (if any) specified in the declaration expires;

                     (b)  the declaration is revoked, in writing, by the Secretary.

             (3)  If a declaration is made under subsection 22(1) for a regulated Australian ship, and the declaration limits the waters in which the security level is in force in reliance on subsection 22(5), then unless:

                     (a)  the period (if any) specified in the declaration expires; or

                     (b)  the declaration is revoked, in writing, by the Secretary;

the maritime security level declared in the declaration is in force for the ship while it is in those waters.

8  Section 28

Repeal the section, substitute:

28   Notifying declarations covering security regulated ships

                   If the Secretary declares that:

                     (a)  a maritime security level is in force for a regulated Australian ship; or

                     (b)  a maritime security level is in force for a regulated Australian ship while it is in specified waters; or

                     (c)  a maritime security level is in force for a regulated foreign ship;

the Secretary must, as soon as practicable, notify the ship operator for the ship, or the master of the ship.

9  Subsection 39(1)

After "A person", insert "(including a person to whom a security direction to a ship is given under section 36 or 36A)".

10  Subsection 46(2)

Omit "an enforcement order (see section 189)", substitute "a ship enforcement order (see section 195)".

11  Subsection 64(2)

Omit "an enforcement order (see section 189)", substitute "a ship enforcement order (see section 195)".

[ Minister's second reading speech made in--

Senate on 23 June 2005

House of Representatives on 7 September 2006 ]