’s obligations under Chapter XI-2 of the SOLAS Convention and the ISPS Code, including those with regard to the rights, freedoms and welfare of seafarers, are met;

the risk of unlawful interference with maritime transport or offshore facilities is reduced without undue disruption to trade;

the risk that maritime transport or offshore facilities are used to facilitate terrorist or other unlawful activities is reduced;

security information is communicated effectively among maritime industry participants and government agencies with security responsibilities for maritime transport and offshore facilities.

an offence under subsection 39(1) or 40(1) by 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;

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;

an offence under subsection 121(1), 121(3), 128(1) or 128(3) where the screening point is in, or at the edge of, an offshore security zone;

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);

an offence under subsection 175(1), (3A) or (3B) or 184(5) by a person failing to report, or give information, in his or her capacity as an offshore industry participant;

an offence under subsection 176(1), (4) or (5) by an employee of an offshore industry participant;

an offence under regulations made under section 109, 113D, 119, 126 or 133 where the offence is committed in, or at the edge of:

an offshore security zone; or

a ship security zone declared under subsection 106(1AA) or (1A).

a warship or other ship operated for naval, military, customs or law enforcement purposes by Australia or by a foreign state; or

a ship (other than a ship covered by paragraph (a)) that is:

owned, leased or chartered by, or otherwise in the operational control of, the Commonwealth, a State or a Territory; and

being used wholly for non-commercial activities; or

a security regulated port, or a part of a port, at any time that the port, or the part of the port, is under the exclusive control of the Australian Defence Force.

the Australian Defence Force; or

the Immigration and Border Protection Department; or

an Agency of the Commonwealth prescribed in the regulations.

the Australian Defence Force; or

the Immigration and Border Protection Department; or

an Agency of the Commonwealth prescribed in the regulations.

access to:

computer data; or

a computer program; or

modification of:

computer data; or

a computer program; or

the impairment of electronic communication to or from a computer; or

the impairment of the availability, reliability, security or operation of:

a computer; or

computer data; or

a computer program;

by a person is unauthorised if the person is not entitled to cause that access, modification or impairment.

a person causes any access, modification or impairment of a kind mentioned in that subsection; and

the person does so:

under a warrant issued under a law of the Commonwealth, a State or a Territory; or

(ii) under an emergency authorisation given to the person under Part 3 of the Surveillance Devices Act 2004 or under a law of a State or Territory that makes provision to similar effect; or

(iii) under a tracking device authorisation given to the person under Surveillance Devices Act 2004; orsection 39 of the

in accordance with a technical assistance request; or

in compliance with a technical assistance notice; or

in compliance with a technical capability notice;

the person is entitled to cause that access, modification or impairment.

interference (whether direct or indirect) with the availability of the asset;

interference (whether direct or indirect) with the integrity of the asset;

interference (whether direct or indirect) with the reliability of the asset;

interference (whether direct or indirect) with the confidentiality of:

information about the asset; or

if information is stored in the asset—the information; or

if the asset is computer data—the computer data.

interference (whether direct or indirect) with the availability of the operation of the participant;

interference (whether direct or indirect) with the integrity of the operation of the participant;

interference (whether direct or indirect) with the reliability of the operation of the participant;

interference (whether direct or indirect) with the confidentiality of information relating to the operation of the participant.

committing an act, or causing any interference or damage, that puts the safe operation of a port, or the safety of any person or property at the port, at risk;

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;

taking control of a ship or offshore facility by force, or threat of force, or any other form of intimidation;

destroying a ship that is being used for maritime transport;

destroying an offshore facility;

causing damage to a ship that is being used for maritime transport that puts the safety of the ship, or any person or property on board or off the ship, at risk;

doing anything on board a ship that is being used for maritime transport that puts the safety of the ship, or any person or property on board or off the ship, at risk;

placing, or causing to be placed, on board a ship that is being used for maritime transport anything that puts the safety of the ship, or any person or property on board or off the ship, at risk;

putting the safety of ships at risk by interfering with, damaging or destroying navigational aids, communication systems or security systems;

putting the safety of ships at risk by communicating false or misleading information.

a relevant impact on a maritime asset; or

a significant impact on the availability of a maritime asset.

committing, or attempting to commit, an act that results in a relevant interference with the operation of a maritime industry participant; or

committing, or attempting to commit, an act that results in a relevant interference with a maritime asset; or

the occurrence of a hazard that results in a relevant interference with the operation of a maritime industry participant; or

the occurrence of a hazard that results in a relevant interference with a maritime asset.

unlawful interference with maritime transport or offshore facilities;

lawful advocacy, protest, dissent or industrial action.

the movement, loading, unloading, maintenance or provisioning of ships;

the movement of goods that have been, or are intended to be, transported by ship;

the storage of goods that have been, or are intended to be, transported by ship;

the loading of goods that have been transported by ship on to another mode of transport;

the unloading of goods that are intended to be transported by ship from another mode of transport;

any other activity or thing that is critical to ensuring the security and reliability of an activity mentioned in any of the above paragraphs.

areas of water, between the land of the port and the open waters outside the port, intended for use by ships to gain access to loading, unloading or other land-based facilities; and

areas of open water intended for anchoring or otherwise holding ships before they enter areas of water described in paragraph (a); and

areas of open water between the areas of water described in paragraphs (a) and (b).

the movement, loading, unloading, maintenance or provisioning of security regulated ships;

the movement of goods that have been, or are intended to be, transported by security regulated ship;

the storage of goods that have been, or are intended to be, transported by security regulated ship;

the loading of goods that have been transported by security regulated ship on to another mode of transport;

the unloading of goods that are intended to be transported by security regulated ship from another mode of transport;

any other activity or thing that is critical to ensuring the security and reliability of an activity mentioned in any of the above paragraphs.

the ability of the person to undertake the functions of a port operator; and

the physical and operational features of the port; and

the views of the person, or persons, responsible for managing the operations of the port.

a regulated Australian ship;

a regulated foreign ship.

a passenger ship that is used for overseas voyages; or

a cargo ship of 500 gross tonnage or more that is used for overseas voyages; or

a mobile offshore drilling unit that is on an overseas voyage (other than a unit that is attached to the seabed); or

a FPSO; or

a FSU; or

a ship of a kind prescribed in the regulations.

a ship that passes the infrequent overseas voyages test (see section 17AA);

a ship of a kind prescribed by the regulations.

is a foreign ship; and

is one of the following:

a passenger ship;

a cargo ship of 500 gross tonnage or more;

a mobile offshore drilling unit (other than a unit that is attached to the seabed);

a FPSO;

a FSU;

a ship of a kind prescribed in the regulations; and

is in Australian waters; and

either:

is in, or is intending to proceed to, a port in Australia; or

is, or is intended to be, connected to the seabed.

any structure, located in the offshore area, used in operations or activities associated with, or incidental to, activities of that kind; and

any vessel, located in the offshore area, used in operations or activities associated with, or incidental to, activities of that kind.

an offtake tanker; or

a tug or an anchor handler; or

a ship used to supply an offshore facility, or otherwise travel between an offshore facility and the shore; or

a FPSO; or

a FSU.

Australian waters; or

the exclusive economic zone of (including its external Territories); or

the sea over the continental shelf of (including its external Territories).

an offshore facility;

a part of an offshore facility;

a group of offshore facilities;

a part of a group of offshore facilities.

the ability of the person to undertake the functions of an offshore facility operator; and

the physical and operational features of the facility; and

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 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

the person is involved in some activity in relation to a security regulated offshore facility; or

the ship is involved in some activity in relation to a security regulated offshore facility, or is in Australian waters.

the person is involved in some activity in relation to a security regulated offshore facility; or

the ship is involved in some activity in relation to a security regulated offshore facility, or is in Australian waters.

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

issuing an infringement notice under regulations made under section 187; and

making an enforcement order under Division 3 of Part 11; and

granting an injunction under Division 5 of Part 11.

a physical element of the offence exists (whether directly or indirectly) because the master of a ship engaged in conduct in the operation or control of the ship; and

without the existence of that physical element the person would not commit the offence; and

the master engaged in the conduct to protect the safety or security of:

the ship; or

the ship’s cargo; or

a person (whether on board the ship or not); or

another ship; or

a port, or a port facility or other installation within a port; or

an offshore facility; and

the conduct was reasonable in the circumstances.

Security directions

a person is required to comply with a security direction; and

compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;

the person, in complying with the security direction, is taken not to have committed the offence or contravened the requirement.

Control directions

a person is required to comply with a control direction; and

compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;

the person, in complying with the control direction, is taken not to have committed the offence or contravened the requirement.

a security regulated port;

a regulated Australian ship;

a security regulated offshore facility;

an area within a security regulated port;

a maritime industry participant;

operations conducted by a maritime industry participant within, or in connection with, a security regulated port or a security regulated offshore facility.

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

the declaration is revoked, in writing, by the Secretary.

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

the declaration is revoked, in writing, by the Secretary.

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

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.

a maritime industry participant is required to comply with a maritime security plan; and

the Secretary makes a declaration under subsection 22(1); and

the effect of the declaration is that maritime security level 2 or 3 is in force for:

the participant; or

an area controlled by the participant; or

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, area or operations, as required, for that maritime security level.

Ship security plans

a ship security plan is in force for a regulated Australian ship; and

the Secretary makes a declaration under subsection 22(1); and

the effect of the declaration is that maritime security level 2 or 3 is in force for the ship;

the ship security plan for the ship is not complied with unless the measures set out in the plan for that maritime security level are implemented.

Offshore security plans

an offshore industry participant is required to comply with an offshore security plan; and

the Secretary makes a declaration under subsection 22(1); and

the effect of the declaration is that maritime security level 2 or 3 is in force for:

the participant; or

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.

the port operator; and

each maritime industry participant who is required to have a maritime security plan and who:

controls an area within the boundaries of the security regulated port; or

operates within the boundaries of the security regulated port; and

each offshore industry participant who is required to have an offshore security plan and who operates within the boundaries of the security regulated port.

every maritime industry participant who is covered by the port operator’s maritime security plan and who:

controls an area within the boundaries of the security regulated port; or

operates within the boundaries of the security regulated port; and

the master of every security regulated ship that is within the port or about to enter the port.

the offshore facility operator; and

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.

every offshore industry participant who is covered by the operator’s offshore security plan and who operates within the boundaries of the facility; and

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.

the Secretary has notified a person under section 27, 28, 28A, 29 or 30 that a maritime security level is in force; and

the Secretary revokes the declaration concerned;

the Secretary must, as soon as practicable, notify the person of the revocation.

When port operators must then notify others

a port operator has notified a person under subsection 27(2) that a maritime security level is in force; and

the Secretary revokes the declaration concerned;

the port operator must, as soon as practicable, notify the person of the revocation.

an offshore facility operator has notified a person under subsection 28A(2) that a maritime security level is in force; and

the Secretary revokes the declaration concerned;

the offshore facility operator must, as soon as practicable, notify the person of the revocation.

a specific threat of unlawful interference with maritime transport or offshore facilities is made or exists; or

a general threat of unlawful interference with maritime transport or offshore facilities is made or exists; or

there is a change in the nature, or risk, of an existing general threat of unlawful interference with maritime transport or offshore facilities; or

both of the following apply:

(i) a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force;

the Secretary is satisfied that additional security measures are appropriate to support the national emergency declaration;

the Secretary may, in writing, direct that additional security measures be implemented or complied with.

a maritime industry participant or an employee of a maritime industry participant;

passengers;

persons, other than persons mentioned in paragraphs (a) and (b), who are within the boundaries of a security regulated port;

persons, other than persons mentioned in paragraphs (a) and (b), who are within the boundaries of a security regulated offshore facility.

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

who operate within the facility.

the ship operator for the ship; or

the master of the ship.

the giving of the direction; and

the terms of the direction.

if:

there is no time specified; or

the specified time is before the time when the direction is given;

the direction comes into force 24 hours after it is given; or

if the specified time is later than the beginning of the seventh day after the direction is given, the direction comes into force at the start of that day.

the direction is revoked in writing by the Secretary;

the direction has been in force for a continuous period of 3 months;

(c) if the direction was made for the purposes of paragraph 33(1)(d)—the national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) ceases to be in force.

the Secretary gives a security direction to a person (including a direction given under section 36 to the ship operator for, or the master of, a security regulated ship); and

the Secretary revokes the direction; and

the direction has not been displayed under subsection 35(2);

the Secretary must notify the person of the revocation.

a security direction is given to, or communicated to, the person; and

the direction is in force; and

the person fails to comply with the direction; and

the failure is not a failure to comply with confidentiality requirements.

a security direction is given to the person; and

the person fails to comply with confidentiality requirements in the direction; and

the failure is not due to a disclosure made to a court or a tribunal, or to an authority or person that has the power to require the production of documents or the answering of questions.

a port operator;

a port facility operator;

a participant of a kind prescribed in the regulations;

a particular participant prescribed in the regulations.

the participant is required under section 42 to have a maritime security plan; and

the participant operates as a participant of that kind; and

there is not such a plan in force for the participant.

the participant is required under section 42 to have a maritime security plan; and

there is such a plan for the participant in force; and

the participant fails to comply with the plan.

(a) a maritime security plan (the covering plan) for a maritime industry participant covers the activities of another maritime industry participant; and

the other participant:

is not required to have a maritime security plan; and

has been given the relevant parts of the covering plan;

the other maritime industry participant must take all reasonable steps to comply with the covering plan.

(a) a maritime security plan (the covering plan) for a maritime industry participant covers the activities of another maritime industry participant; and

the other participant:

is required to have a maritime security plan; and

has been given the relevant parts of the covering plan; and

has agreed in writing to those activities being covered by the covering plan;

the other maritime industry participant must take all reasonable steps to comply with the covering plan.

the ship operator for the ship;

the master of the ship.

include a security assessment for:

the participant’s operation; or

if the participant has more than one maritime security plan—the operations or locations covered by the plan; and

set out the participant’s measures and procedures for addressing the outcomes of the security assessment included in the plan; and

set out the participant’s measures and procedures for complying with the minimum requirements (if any) for the participant prescribed by the regulations for the purposes of subsection (4); and

set out how the participant will respond to maritime transport or offshore facility security incidents; and

set out the security activities or measures to be undertaken or implemented by the participant under the plan for maritime security level, 2 and 3; and

designate, by name or by reference to a position, all security officers responsible for implementing and maintaining the plan; and

make provision for the use of declarations of security; and

demonstrate that the implementation of the plan will make an appropriate contribution towards the achievement of the maritime security outcomes.

take into account any documents required in writing by the Secretary to be taken into account; and

address any matters prescribed in the regulations.

each security assessment;

each security assessment for a particular kind of maritime industry participant;

each security assessment for a particular class of a particular kind of maritime industry participant.

all maritime industry participants;

a particular kind of maritime industry participant;

a particular class of a particular kind of maritime industry participant;

for the purpose of safeguarding against:

unlawful interference with maritime transport or offshore facilities; or

operational interference with maritime transport of offshore facilities.

Incorporation by reference

each maritime security plan;

each maritime security plan for a particular kind of maritime industry participant;

each maritime security plan for a particular class of a particular kind of maritime industry participant.

relate to safeguarding against:

unlawful interference with maritime transport or offshore facilities; or

operational interference with maritime transport or offshore facilities; and

must be dealt with in one or more of the following:

each maritime security plan;

each maritime security plan for a particular kind of maritime industry participant;

each maritime security plan for a particular class of a particular kind of maritime industry participant.

in writing; and

prepared in accordance with any requirements set out in the regulations.

if the Secretary has not established any port security zones under subsection 102(1) within the area covered by the plan, and the participant proposes that the Secretary should establish such a zone or zones within that area—a map that shows each proposed zone; and

if the Secretary has established a port security zone or zones under subsection 102(1) within the area covered by the plan:

a map that shows each such zone; and

if the participant proposes that such a zone be changed—a map that shows the proposed change; and

if the participant proposes that the Secretary should establish an additional port security zone within that area or revoke the establishment of an existing port security zone within that area—a map that shows the zones that would be established within that area if the proposal were accepted.

approve the plan; and

give the participant written notice of the approval.

refuse to approve the plan; and

give the participant written notice of the refusal including reasons for the refusal.

a maritime industry participant gives the Secretary a maritime security plan; and

the Secretary does not approve, or refuse to approve, the plan within the consideration period;

the Secretary is taken to have refused to approve the plan.

Secretary may request further information

commencing on the day on which the notice under subsection (5) was given; and

ending on:

the day on which the information requested in that notice was received by the Secretary; or

if the information is not given within the period specified in that notice—the last day of that period.

the time specified in the notice is earlier than the time at which the notice was given; or

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.

the plan is replaced under subsection 54(4) or 55(4); or

the approval of the plan is cancelled under this Division.

if the Secretary has established a port security zone or zones under subsection 102(1) within the area covered by the plan, and the participant proposes that such a zone be changed—a map that shows the proposed change; and

if:

the Secretary has established a port security zone or zones under subsection 102(1) within the area covered by the plan; and

the participant proposes that the Secretary should establish an additional port security zone within that area or revoke the establishment of an existing port security zone within that area;

a map that shows the zones that would be established within that area if the proposal were accepted.

approve the variation; and

give the participant written notice of the approval.

refuse to approve the variation; and

give the participant written notice of the refusal including reasons for the refusal.

a maritime industry participant gives the Secretary a notice requesting the Secretary to vary a maritime security plan; and

the Secretary does not approve, or refuse to approve, the variation within the consideration period;

the Secretary is taken to have refused to approve the variation.

Secretary may request further information

commencing on the day on which the notice under subsection (8) was given; and

ending on:

the day on which the information requested in that notice was received by the Secretary; or

if the information is not given within the period specified in that notice—the last day of that period.

a maritime security plan for a maritime industry participant is in force; and

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.

set out the variation; and

specify the period within which the participant must give the Secretary the plan as varied.

varied in accordance with the direction; and

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.

(a) a maritime security plan for a maritime industry participant (the existing plan) is in force; and

the Secretary is no longer satisfied that the existing plan adequately addresses the relevant requirements under Division 4:

because there is a change in the circumstances that relate to maritime transport, or offshore facility, security; or

because there is a change in circumstances that could impact on maritime transport, or offshore facility, security; or

for some other reason;

the Secretary may, by written notice given to the participant, direct the participant to give the Secretary another maritime security plan (the revised plan).

a maritime security plan for a maritime industry participant is in force; and

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.

include whichever of the following statements is applicable:

if the security assessment included in the plan is up to date at the end of the anniversary day—a statement to that effect;

if the security assessment included in the plan is not up to date at the end of the anniversary day—a statement to that effect; and

include whichever of the following statements is applicable:

if the measures and procedures set out in the plan, as required by paragraphs 47(1)(aa) and (ab), are up to date at the end of the anniversary day—a statement to that effect;

if the measures and procedures set out in the plan, as required by paragraphs 47(1)(aa) and (ab), are not up to date at the end of the anniversary day—a statement to that effect; and

include any other statement or information prescribed by the regulations for the purposes of this paragraph.

the security assessment included in the plan is not up to date; or

the measures and procedures set out in the plan, as required by paragraphs 47(1)(aa) and (ab), are not up to date.

a maritime security plan for the participant is in force; and

the participant fails to give the Secretary a statement of compliance for the plan in accordance with section 59A.

for a port operator or port facility operator—200 penalty units; and

for any other maritime industry participant—100 penalty units.

exempt the ship from the operation of this Division in the circumstances specified in the exemption; or

refuse to grant an exemption.

Grant of exemption

the ship is being used for maritime transport; and

there is no ship security plan in force for the ship.

the ship is being used for maritime transport; and

there is a ship security plan for the ship in force; and

the ship is not operated in accordance with the plan.

the ship operator for the first regulated ship;

the master of the first regulated ship.

include a security assessment for the ship; and

set out the ship operator’s measures and procedures for addressing the results of the security assessment included in the plan; and

set out the ship operator’s measures and procedures for complying with the minimum requirements (if any) for the ship prescribed by the regulations for the purposes of subsection (4); and

set out how the ship operator will respond to maritime transport or offshore facility security incidents that affect the ship; and

set out the security activities or measures to be undertaken or implemented on, or in connection with, the ship for maritime security level, 2 and 3; and

designate, by name or by reference to a position, all security officers responsible for implementing and maintaining the plan; and

make provision for the use of declarations of security; and

demonstrate that the implementation of the plan will make an appropriate contribution towards the achievement of the maritime security outcomes.

take into account any documents required in writing by the Secretary to be taken into account; and

address any matters prescribed in the regulations.

each security assessment;

each security assessment for a particular kind of ship;

each security assessment for a particular class of a particular kind of ship.

all regulated Australian ships;

a particular kind of regulated Australian ship;

a particular class of a particular kind of regulated Australian ship;

for the purpose of safeguarding against:

unlawful interference with maritime transport or offshore facilities; or

operational interference with maritime transport of offshore facilities.

Incorporation by reference

each ship security plan;

each ship security plan for a particular kind of ship;

each ship security plan for a particular class of a particular kind of ship.

relate to safeguarding against:

unlawful interference with maritime transport or offshore facilities; or

operational interference with maritime transport or offshore facilities; and

must be dealt with in one or more of the following:

each ship security plan;

each ship security plan for a particular kind of ship;

each ship security plan for a particular class of a particular kind of ship.

approve the plan; and

give the ship operator written notice of the approval.

refuse to approve the plan; and

give the ship operator written notice of the refusal including reasons for the refusal.

the ship operator for a regulated Australian ship gives the Secretary a ship security plan for the ship; and

the Secretary does not approve, or refuse to approve, the plan within the consideration period;

the Secretary is taken to have refused to approve the plan.

Secretary may request further information

commencing on the day on which the notice under subsection (5) was given; and

ending on:

the day on which the information requested in that notice was received by the Secretary; or

if the information is not given within the period specified in that notice—the last day of that period.

the time specified in the notice is earlier than the time at which the notice was given; or

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.

the plan is replaced under subsection 73(4) or 74(4); or

the approval of the plan is cancelled under this Division.

approve the variation; and

give the ship operator written notice of the approval.

refuse to approve the variation; and

give the ship operator written notice of the refusal including reasons for the refusal.

a ship operator for a regulated Australian ship gives the Secretary a notice requesting the Secretary to vary a ship security plan for the ship; and

the Secretary does not approve, or refuse to approve, the variation within the consideration period;

the Secretary is taken to have refused to approve the variation.

Secretary may request further information

commencing on the day on which the notice under subsection (7) was given; and

ending on:

the day on which the information requested in that notice was received by the Secretary; or

if the information is not given within the period specified in that notice—the last day of that period.

a ship security plan for a regulated Australian ship is in force; and

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 ship operator for the ship, direct the ship operator to vary the plan.

set out the variation; and

specify the period within which the ship operator must give the Secretary the plan as varied.

varied in accordance with the direction; and

within the specified period, or within any further period allowed by the Secretary;

the Secretary must, by written notice given to the ship operator, cancel the approval of the plan.

(a) a ship security plan for a regulated Australian ship (the existing plan) is in force; and

the Secretary is no longer satisfied that the existing plan adequately addresses the relevant requirements under Division 4:

because there is a change in the circumstances that relate to maritime transport, or offshore facility, security; or

because there is a change in circumstances that could impact on maritime transport, or offshore facility, security; or

for some other reason;

the Secretary may, by written notice given to the ship operator for the ship, direct the ship operator to give the Secretary another plan for the ship (the revised plan).

a ship security plan for a regulated Australian ship is in force; and

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 has been accumulated in respect of the ship;

the Secretary may, by written notice given to the ship operator for the ship, cancel the approval of the plan.

include whichever of the following statements is applicable:

if the security assessment included in the plan is up to date at the end of the anniversary day—a statement to that effect;

if the security assessment included in the plan is not up to date at the end of the anniversary day—a statement to that effect; and

include whichever of the following statements is applicable:

if the measures and procedures set out in the plan, as required by paragraphs 66(1)(aa) and (ab), are up to date at the end of the anniversary day—a statement to that effect;

if the measures and procedures set out in the plan, as required by paragraphs 66(1)(aa) and (ab), are not up to date at the end of the anniversary day—a statement to that effect; and

include any other statement or information prescribed by the regulations for the purposes of this paragraph.

the security assessment included in the plan is not up to date; or

the measures and procedures set out in the plan, as required by paragraphs 66(1)(aa) and (ab), are not up to date.

a ship security plan for the ship is in force; and

the operator fails to give the Secretary a statement of compliance for the plan in accordance with section 78A.

exempt the ship from the operation of this Division in the circumstances specified in the exemption; or

refuse to grant an exemption.

Grant of exemption

the ship is being used for maritime transport; and

there is no ISSC or interim ISSC in force for the ship.

a maritime security inspector has inspected the ship; and

the maritime security inspector has verified that the ship meets the requirements determined in writing by the Secretary; and

the period, determined in writing by the Secretary, within which the ship must be next inspected has not ended.

there is an ISSC in force for a regulated Australian ship; and

a maritime security inspector inspects the ship; and

the inspector finds that the ship does not meet the requirements determined under paragraph (1)(b); and

the ship does not meet those requirements within any period allowed in writing by the inspector;

the ship is no longer ISSC verified.

the ship operator for a regulated Australian ship has applied to the Secretary for an ISSC for the ship; and

there is a ship security plan in force for the ship; and

the ship is not ISSC verified; and

the Secretary reasonably believes that, were the ship to be inspected as mentioned in subsection 83(1), the ship would be ISSC verified;

the Secretary may give the ship operator an interim ISSC for the ship.

the Secretary has given a ship operator an ISSC for a regulated Australian ship; and

while the ISSC is in force, another ship operator becomes the ship operator for the ship;

the Secretary may give the other ship operator an interim ISSC for the ship.

the master makes a statement (whether orally, in a document or in any other way); and

the master does so knowing that the statement:

is false or misleading; or

omits any matter or thing without which the statement is misleading; and

the statement is made in connection with whether an ISSC or interim ISSC is in force for the ship; and

any of the following subparagraphs applies:

the statement is made to a maritime industry participant;

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;

the statement is made to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;

the statement is made in compliance or purported compliance with a law of the Commonwealth.

satisfies the criteria prescribed in the regulations; and

is engaged by a recognised security organisation.

the ship were a regulated Australian ship; and

the ship operator had applied under section 61A for the ship to be exempt from the operation of Division 2 of Part 4;

the Secretary would have exempted the ship from the operation of that Division in specified circumstances.

issue a ship security plan exemption certificate in response to the application; or

refuse to issue such a certificate.

Issue of certificate

stating that if:

the ship were a regulated Australian ship; and

the ship operator had applied under section 79A for the ship to be exempt from the operation of Division 6 of Part 4;

the Secretary would have exempted the ship from the operation of that Division in specified circumstances; and

stating that the certificate is only valid for a specified voyage.

issue an ISSC exemption certificate in response to the application; or

refuse to issue such a certificate.

(a) a ship undertakes a voyage in the course of which the ship travels from a port in Australia (the departure port) to a port outside Australia (the destination port); and

the ship undertakes a return voyage in the course of which the ship travels from the destination port to:

the departure port; or

another port in Australia;

those voyages are taken to be a single voyage.

Specification of voyage

have a valid ISSC, or an approved ISSC equivalent, for the ship; and

ensure that the ship carries the required ship security records.

the person or persons to whom pre-arrival information must be given; and

the circumstances in which pre-arrival information must be given; and

the form and manner in which pre-arrival information must be given.

Australian waters;

a security regulated port;

a maritime security zone within a security regulated port;

a port that is not a security regulated port.

(a) the ship is registered in another country (the flag state); and

the ship is directed by the flag state to implement a higher level of security than would otherwise apply under this section;

the ship must comply with the direction.

the operations of a maritime industry participant; or

a ship;

as mentioned in subsection (1), (2) or (2A), the ship operator for, or the master of, the regulated foreign ship may be given a control direction under Division 3.

the master is notified by the Secretary or a port operator that maritime security level 2 or 3 is in force for the ship; and

the master fails to acknowledge the notification to the Secretary.

the master is notified by an offshore facility operator that maritime security level 2 or 3 is in force for the facility; and

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

the master fails to acknowledge the notification to the Secretary.

the master is given:

a security direction by the Secretary that relates to the operations of the ship; or

a control direction that relates to the ship; and

the master fails to acknowledge the direction to the Secretary.

Ship operators

the ship operator is notified by the Secretary that maritime security level 2 or 3 is in force for the ship; and

the ship operator fails to acknowledge the notification to the Secretary.

the ship operator is given:

a security direction by the Secretary that relates to the operations of the ship; or

a control direction that relates to the ship; and

the ship operator fails to acknowledge the direction to the Secretary.

the ship operator for a regulated foreign ship; or

the master of the ship;

requiring the ship operator or master to take specified action, or refrain from taking specified action, in relation to the ship.

necessary for ensuring compliance with Division 2 of this Part; or

a direction of a kind that can be given, under Chapter XI-2 of the SOLAS Convention or the ISPS Code, by a port state to a foreign flagged ship.

removing the ship from Australian waters;

removing the ship from a security regulated port;

moving the ship within a security regulated port;

removing the ship from an offshore security zone;

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;

holding the ship in a particular position for a specified period or until a specified event occurs;

taking particular actions, or ensuring that particular actions are taken, on board the ship;

allowing a maritime security inspector on board the ship to inspect the ship or ship security records carried by the ship.

an offshore facility operator;

a participant of a kind prescribed in the regulations;

a particular participant prescribed in the regulations.

the participant is required under section 100B to have an offshore security plan; and

there is not such a plan in force for the participant.

the participant is required under section 100B to have an offshore security plan; and

there is such a plan for the participant in force; and

the participant fails to comply with the plan.

(a) an offshore security plan (the covering plan) for an offshore industry participant covers the activities of another offshore industry participant; and

the other participant:

is not required to have an offshore security plan; and

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.

(a) an offshore security plan (the covering plan) for an offshore industry participant covers the activities of another offshore industry participant; and

the other participant:

is required to have an offshore security plan; and

has been given the relevant parts of the covering plan; and

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.

the ship operator for the ship;

the master of the ship.

include a security assessment for:

the participant’s operation; or

if the participant has more than one offshore security plan—the operations or locations covered by the plan; and

set out the participant’s measures and procedures for addressing the outcomes of the security assessment included in the plan; and

set out the participant’s measures and procedures for complying with the minimum requirements (if any) for the participant prescribed by the regulations for the purposes of subsection (4); and

set out how the participant will respond to maritime transport or offshore facility security incidents; and

set out the security activities or measures to be undertaken or implemented by the participant under the plan for maritime security level, 2 and 3; and

designate, by name or by reference to a position, all security officers responsible for implementing and maintaining the plan; and

make provision for the use of declarations of security; and

demonstrate that the implementation of the plan will make an appropriate contribution towards the achievement of maritime security outcomes; and

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.

take into account any documents required in writing by the Secretary to be taken into account; and

address any matters prescribed in the regulations.

each security assessment;

each security assessment for a particular kind of offshore industry participant;

each security assessment for a particular class of a particular kind of offshore industry participant.

all offshore industry participants;

a particular kind of offshore industry participant;

a particular class of a particular kind of offshore industry participant;

for the purpose of safeguarding against:

unlawful interference with maritime transport or offshore facilities; or

operational interference with maritime transport of offshore facilities.

Incorporation by reference

each offshore security plan;

each offshore security plan for a particular kind of offshore industry participant;

each offshore security plan for a particular class of a particular kind of offshore industry participant.

relate to safeguarding against:

unlawful interference with maritime transport or offshore facilities; or

operational interference with maritime transport or offshore facilities; and

must be dealt with in one or more of the following:

each offshore security plan;

each offshore security plan for a particular kind of offshore industry participant;

each offshore security plan for a particular class of a particular kind of offshore industry participant.

in writing; and

prepared in accordance with any requirements set out in the regulations.

information on the location of each offshore facility to which the plan relates; and

if the Secretary has not established any offshore security zones under subsection 113A(1) within or around an offshore facility to which the plan relates, and the participant proposes that the Secretary should establish such a zone or zones within or around such a facility—information on each proposed zone; and

if the Secretary has established an offshore security zone or zones under subsection 113A(1) within or around an offshore facility to which the plan relates:

information on each such zone; and

if the participant proposes that such a zone be changed—information on the proposed change; and

if the participant proposes that the Secretary should establish an additional offshore security zone, or revoke the establishment of an existing offshore security zone, within or around the facility—information on the zones within or around the facility if the proposal were accepted.

approve the plan; and

give the participant written notice of the approval.

refuse to approve the plan; and

give the participant written notice of the refusal including reasons for the refusal.

an offshore industry participant gives the Secretary an offshore security plan; and

the Secretary does not approve, or refuse to approve, the plan within the consideration period;

the Secretary is taken to have refused to approve the plan.

Secretary may request further information

commencing on the day on which the notice under subsection (5) was given; and

ending on:

the day on which the information requested in that notice was received by the Secretary; or

if the information is not given within the period specified in that notice—the last day of that period.

the time specified in the notice is earlier than the time at which the notice was given; or

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.

the plan is replaced under subsection 100N(4) or 100O(4); or

the approval of the plan is cancelled under this Division.

if the Secretary has established an offshore security zone or zones under subsection 113A(1) within or around an offshore facility to which the plan relates, and the participant proposes that such a zone be changed—information on the proposed change; and

if:

the Secretary has established an offshore security zone or zones under subsection 113A(1) within or around an offshore facility to which the plan relates; and

the participant proposes that the Secretary should establish an additional offshore security zone, or revoke the establishment of an existing offshore security zone, within or around the facility;

information on the zones within or around the facility if the proposal were accepted.

approve the variation; and

give the participant written notice of the approval.

refuse to approve the variation; and

give the participant written notice of the refusal including reasons for the refusal.

an offshore industry participant gives the Secretary a notice requesting the Secretary to vary an offshore security plan; and

the Secretary does not approve, or refuse to approve, the variation within the consideration period;

the Secretary is taken to have refused to approve the variation.

Secretary may request further information