Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] Subregulation 1.03 (1), definition of contact details
substitute
contact details , for a person, includes:
(a) the person's business address, mailing address, fixed‑line telephone number, mobile telephone number, fax number and e‑mail address; and
(b) if the person is a CSO, SSO, PSO, PFSO or PSPSO -- a single 24‑hour fixed‑line or mobile telephone number for the person; and
(c) if the person is an OFSO or OSPSO -- a single 24-hour fixed-line, mobile telephone number and a fax number for the person.
[2] Subregulation 1.03 (1), definition of exclusion zone
substitute
exclusion zone means a ship security zone, declared by the Secretary to operate under subsection 106 (1) or (1A) of the Act, that comprises an area of water, at and below the water level:
(a) within a security regulated port, being an area to which access is controlled and that surrounds a security regulated ship; or
(b) in the vicinity of a security regulated offshore facility, being an area to which access is controlled and that surrounds a security regulated ship which is engaged in any activity in relation to the facility.
[3] Paragraph 1.15 (4) (a)
substitute
(a) holds a certificate of proficiency as a ship security officer:
(i) issued under the Marine Orders, Part 3 (Seagoing Qualifications); and
(ii) that is valid within the meaning of that Part; and
[4] Subregulation 1.45 (2), note
substitute
Note A sample form of a declaration of security is available on the Department's web site -- see http://www.infrastructure.gov.au .
[5] Paragraph 5A.60 (1) (b)
substitute
(b) measures to prevent unauthorised access to:
(i) an offshore security zone established within and around a security regulated offshore facility; or
(ii) a ship security zone declared to operate around a security regulated ship while the ship is in the vicinity of a security regulated offshore facility and is engaged in any activity in relation to the facility;
[6] After regulation 5A.90
insert
5A.92 Ship security zones
An offshore security plan for an offshore facility operator must set out security measures and procedures to monitor and control access to ship security zones, including measures to detect and deter unauthorised access to those zones.
[7] Subregulation 6.40 (1), penalty
substitute
Penalty: 100 penalty units.
[8] Subregulation 6.85 (1)
omit
A port operator
insert
The port operator
[9] After subregulation 6.85 (1)
insert
(1A) The offshore facility operator for a security regulated offshore facility may request the Secretary to declare that a ship security zone is to operate around a security regulated ship while the ship is in the vicinity of the offshore facility and is engaged in any activity in relation to the facility.
[10] After subregulation 6.85 (2)
insert
(3) The Secretary must make a decision on a request made under this regulation.
(4) If the Secretary makes a decision under subregulation (3) to refuse a request, the Secretary must give the person who made the request written notice of the refusal including the reasons for the refusal.
[11] Subregulation 6.90 (2)
omit
The port operator for the security regulated port in which the ship security zone is established
insert
The relevant operator
[12] Paragraph 6.90 (2) (d)
after
security regulated port
insert
or security regulated offshore facility
[13] After subregulation 6.90 (2)
insert
(3) For the purposes of this regulation, relevant operator means:
(a) the port operator for the security regulated port in which the ship security zone is established; or
(b) the offshore facility operator for the security regulated offshore facility in the vicinity of which the ship security zone is established.
[14] Subregulation 6.95 (1)
omit
zone, the port operator for the security regulated port in which the ship security zone is established must ensure that persons who are in, or in the vicinity of, the security regulated port are informed, in accordance with the
insert
zone in a security regulated port, the port operator for the port must ensure that persons who are in, or in the vicinity of, the port are informed, in accordance with the operator's
[15] Subregulation 6.95 (3)
omit
A port operator
insert
The port operator
[16] Subregulation 6.95 (5)
omit
A port operator
insert
The port operator for a security regulated port
[17] After regulation 6.95
insert
6.96 Duties of offshore facility operator
(1) If the Secretary gives notice of the establishment of a ship security zone in the vicinity of a security regulated offshore facility, the offshore facility operator for the facility must ensure that persons who are in, or in the vicinity of, the facility are informed, in accordance with the operator's offshore security plan, that:
(a) access to the zone is controlled; and
(b) any unauthorised entry into the zone is an offence under these Regulations.
(2) The obligation in subregulation (1) has effect even if the zone has not yet come into force.
(3) The offshore facility operator for a security regulated offshore facility must monitor access to a ship security zone established in the vicinity of the facility.
Penalty: 200 penalty units.
(4) An offence against subregulation (3) is an offence of strict liability.
(5) The offshore facility operator for a security regulated offshore facility must ensure that the security measures and procedures to control access to a ship security zone in the vicinity of the facility detect and deter unauthorised access to the zone.
[18] Regulation 6.100
substitute
6.100 Offences -- unauthorised entry into ship security zone
(1) A person must not enter, or remain in, a ship security zone in a security regulated port unless authorised to do so by the port operator for the port.
Penalty: 50 penalty units.
(2) A person must not enter, or remain in, a ship security zone in the vicinity of a security regulated offshore facility unless authorised to do so by the offshore facility operator for the facility.
Penalty: 50 penalty units.
(3) A person must not take a vessel or thing into, or leave a vessel or thing in, a ship security zone in a security regulated port unless authorised to do so by the port operator for the port.
Penalty: 50 penalty units.
(4) A person must not take a vessel or thing into, or leave a vessel or thing in, a ship security zone in the vicinity of a security regulated offshore facility unless authorised to do so by the offshore facility operator for the facility.
Penalty: 50 penalty units.
(5) An offence against subregulation (1), (2), (3) or (4) is an offence of strict liability.
[19] Subregulation 6.150 (3)
omit
subregulation (1)
insert
subregulation (2)
[20] Part 12
substitute
Part 12 Review of decisions
12.01 Review of decisions by Administrative Appeals Tribunal
Application may be made to the Administrative Appeals Tribunal for a review of a decision made by the Secretary under subregulation 6.85 (3) not to declare that a ship security zone is to operate around a security regulated ship.