EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 291

 

 

Subject: Maritime Transport and Offshore Facilities Security Act 2003

 

 

Maritime Transport and Offshore Facilities Security Amendment

Regulations 2009 (No. 2)

 

 

Subsection 209(1) of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act) provides that the Governor‑General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

 

The purpose of the Act is to safeguard against unlawful interference with maritime transport and offshore facilities. To achieve this, the Act establishes a regulatory framework centred on the development of security assessments and plans for ports, port facilities, ships and other maritime transport operations. The Act and the Maritime Transport and Offshore Facilities Security Regulations 2003 (the Principal Regulations) were extended to cover offshore oil and gas facilities in 2005.

 

Various amendments and the procession of time have rendered certain regulations redundant, whilst others were put in place to facilitate implementation and transition phases which have been successfully completed.

 

The Regulations amend the Principal Regulations to remove provisions that have ceased to be in operation and amend some definitions.

 

Details of the Regulations are set out in the Attachment.

 

The Act specifies no conditions that need to be met before the power to make the proposed Regulations may be exercised.

 

The Regulations would commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

The Regulations are legislative instruments for the purposes of the Legislative Instruments Act 2003.

 

The amendments were developed in consultation with the Office of Transport and Security within the Department of Infrastructure, Transport, Regional Development and Local Government.

 

 

 

 

 

 

ATTACHMENT

 

Details of the Maritime Transport and Offshore Facilities Security Amendment Regulations 2009 (No. 2)

Regulation 1 – Name of Regulations

 

The title of the Regulations is the Maritime Transport and Offshore Facilities Security Amendment Regulations 2009 (No. 2).

 

Regulation 2 – Commencement

 

This regulation would provide for the Regulations to commence on the day after they are registered.

 

Regulation 3 – Amendment of Maritime Transports and Offshore Facilities Security Regulations 2003

 

The Maritime Transport and Offshore Facilities Security Regulations 2003 (the Principal Regulations) are amended as set out in Schedule 1.

 

Schedule 1 – Amendments

 

Item [1] –Regulation 3.12 Operator to tell Secretary about issuing body for Maritime Security Identification Cards (MSICS)

 

Item 1 would omit regulation 3.12 as the procession of time has now rendered this regulation redundant.

 

Item [2] –Regulation 5A.12 Operator to tell Secretary about issuing body for MSICS

 

Item 2 would omit regulation 5A.12 as the procession of time has now rendered this regulation redundant.

 

Item [3] –Paragraphs 6.07A (1) (b) and (c)

Item 3 would substitute paragraphs 6.07A (1) (b) and (c) to remove a reference to a point in time, which has since passed and is no longer applicable.

Item [4] –Regulation 6.07B, definition of exempt person

Item 4 is consequential to the amendment at item 11, which provides for the omission of subregulation 6.08S (1). Item 4 substitutes the current definition of exempt person with a definition incorporating the definition of exempt person at current 6.08S (1), which is removed as per item 11. Thus, they are related.

This item would provide that an exempt person, in relation to a maritime security zone, or a part of a maritime security zone, means a person who under the Act or these Regulations, is not required to properly display a valid MSIC in the zone or that part of the zone.

Item [5] –Regulation 6.07B, definition of MSIC Implementation period

Item 5 would omit the definition of MSIC implementation period at regulation 6.07B. The reference to the implementation period is now redundant as the period has now ceased.

Item [6] –Table 6.07C, note 3

 

Item 6 would omit the note at Table 6.07C, to remove a reference to a point in time, which has since passed and is no longer applicable.

 

Item [7] –Subdivision 6.1A.1A

Item 8 would omit subdivision 6.1A.1A, which refers to an implementation period prior to the commencement of the Maritime Security Identification Card (MSIC) scheme which, given the passage of time, is no longer applicable.

Item [8] –Regulation 6.08CA Transitional arrangement –criminal history

Item 7 would omit regulation 6.08CA as it refers to a transitional arrangement prior to the commencement of the Maritime Security Identification Card which, given the passage of time, is no longer applicable.

Item [9] –Subparagraph 6.08K (1)(a)(ii) Temporary MSICs

Item 9 would omit subparagraph 6.08K(1)(a)(ii), which provides a temporary MSIC can be given to a person who has applied for an MSIC who has satisfied a security assessment but no decision has been made that the person has an adverse criminal record. This was intended to apply during the implementation of the MSIC scheme and is no longer applicable.

Item [10] –Subregulations 6.08K(2), (4) and (5) Temporary MSICs

The omission at item 10, with regard to subregulations 6.08K(2) is consequential to the amendment at item 9. Item 9 removes 6.08K(1)(a)(ii) which makes specific reference to “subregulation 2”. Item 10 removes subregulation 2 being a direct consequence of removing 6.08K(1)(a)(ii). The other parts removed at item 10, being 6.08K (4) and (5) also currently exist as a result of subregulation 2 which item 9 removes, therefore their removal is also consequential to the amendment at item 9.

 

The omission of subregulations 6.08K(4) and (5), also at this item, are also consequential to the amendments at item 9.

 

Item [11] –Subregulation 6.08S(1), definition of exempt person

Item 11 would omit the definition of exempt person from subregulation 6.08S(1) in order to provide for a single definintion of exempt person at regulation 6.07B (item 4 relates).