Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"acquisition of property" has the same meaning as in paragraph 51(xxxi) of the Constitution.
"ADF member" means a Member within the meaning of the Defence Act 1903 .
"Agency" has the same meaning as in the Public Service Act 1999 .
"Agency Head" has the same meaning as in the Public Service Act 1999 .
"AMSA inspector" means an inspector appointed under the Navigation Act 2012 .
"approved ISSC equivalent" has the meaning given by subsection 91(3).
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian ship" has the same meaning as in the Shipping Registration Act 1981 .
"Australian ship regulated as an offshore facility" has the meaning given by subsection 16(3).
"Australian waters" means:
(a) the territorial sea of Australia; and
(b) the waters of the sea on the landward side of the territorial sea of Australia; and
(c) the territorial sea of each external Territory; and
(d) the waters of the sea on the landward side of the territorial sea of each external Territory; and
(e) inland waters prescribed in regulations.
"baggage" means:
(a) possessions of a passenger or crew member:
(i) that are carried, or intended to be carried, on board a ship; and
(ii) to which the passenger or crew member will have general access while on board the ship; and
(b) possessions of a visitor to a ship:
(i) that are taken, or intended to be taken, on board the ship; and
(ii) to which the visitor will have general access while on board the ship; and
(c) possessions of a crew member:
(i) that are carried, or intended to be carried, on an offshore facility; and
(ii) to which the crew member will have general access while on the offshore facility; and
(d) possessions of a visitor:
(i) that are taken, or intended to be taken, onto an offshore facility; and
(ii) to which the visitor will have general access while on the offshore facility.
"biosecurity officer" has the same meaning as in the Biosecurity Act 2015 .
"cargo" means goods, other than baggage or stores, that are transported, or intended to be transported, by ship.
"cargo ship" includes a tanker.
Note: A cargo ship may also be a passenger ship.
"cleared" :
(a) in relation to a person, has the meaning given by subsection 115(3); and
(b) in relation to goods, has the meaning given by subsection 116(3); and
(c) in relation to a vehicle, has the meaning given by subsection 117(3); and
(d) in relation to a vessel, has the meaning given by subsection 118(3).
"cleared area" means an area that, under regulations made under Part 6 or 7, may be entered only by persons, goods, vehicles and vessels that have received clearance.
"confidentiality requirements" has the meaning given by subsection 34(2).
"control direction" has the meaning given by subsection 99(2) or 100ZM(2).
"crew" :
(a) in relation to a ship--includes any person employed on the ship; and
(b) in relation to an offshore facility--includes any person employed on the facility.
"critical installation" has the meaning given by subsection 103(3).
"customs officer" means an officer of Customs within the meaning of the Customs Act 1901 .
"damage" , in relation to data, includes damage by erasure of data or addition of other data.
"declaration of security" means:
(a) an agreement reached between a ship and another party (a ship or person); or
(b) an agreement reached between an offshore facility operator and another party (a ship or person);
that identifies the security activities or measures that each party will undertake or implement in specified circumstances.
"duly authorised officer" means a person appointed under section 147.
"employee" , in relation to a maritime industry participant, means an individual:
(a) employed by the maritime industry participant; or
(b) engaged under a contract for services between the individual and the maritime industry participant.
"enforcement action" has a meaning affected by subsection 17D(4).
"enforcement order" means an order made under section 189.
"engage in conduct" has the same meaning as in the Criminal Code .
"Federal Court" means the Federal Court of Australia.
"foreign ship" means a ship that is not an Australian ship.
"foreign ship regulated as an offshore facility" has the meaning given by subsection 17(3).
"FPSO" (short for Floating Product, Storage and Offtake) means a ship that is:
(a) constructed or modified to accept petroleum, directly or indirectly, from a sub - sea well or pipeline; and
(b) capable of storing the petroleum and delivering it to another ship or pipeline; and
(c) capable of modifying the petroleum while in storage on the ship to suit it for transport or to fit it for the commercial requirements of consignees; and
(d) designed to be disconnected from its mooring during bad weather, operational emergencies, or for the purposes of maintenance or survey;
but does not include a facility that is designed to remain permanently moored for the production life of the related petroleum field.
"frisk search" has the same meaning as in the Crimes Act 1914 .
"FSU" (short for Floating Storage Unit) means a ship that is:
(a) constructed or modified to accept petroleum, directly or indirectly, from a sub - sea well or pipeline; and
(b) capable of storing the petroleum and delivering it to another ship or pipeline, but which is not capable of modifying the petroleum while in storage on the ship; and
(c) designed to be disconnected from its mooring during bad weather, operational emergencies, or for the purposes of maintenance or survey;
but does not include a facility that is designed to remain permanently moored for the production life of the related petroleum field.
"gross tonnage" has the same meaning as in the SOLAS Convention.
"Immigration and Border Protection Department" means the Department administered by the Minister administering Part XII of the Customs Act 1901 .
"immigration officer" means an officer within the meaning of the Migration Act 1958 .
"inland waters" means waters within Australia other than waters of the sea.
"interim ISSC" means:
(a) in relation to a security regulated ship--an interim ISSC given under section 86; and
(b) in relation to a ship regulated as an offshore facility--an interim ISSC given under section 100ZC.
"ISPS Code" means the International Ship and Port Facility Security (ISPS) Code (as amended from time to time) as mentioned in Chapter XI - 2 of the SOLAS Convention.
"ISPS level 1 measures" has the meaning given by subsection 95(1).
"ISPS level 2 measures" has the meaning given by subsection 95(2).
"ISPS level 3 measures" has the meaning given by subsection 95(3).
"ISSC" means an international ship security certificate within the meaning of the ISPS Code.
"ISSC verified" :
(a) in relation to a security regulated ship--has the meaning given by subsections 83(1) and (3); and
(b) in relation to a ship regulated as an offshore facility--has the meaning given by subsections 100Z(1) and (3).
"just terms" has the same meaning as in paragraph 51(xxxi) of the Constitution.
"law enforcement officer" has the meaning given by section 151.
"maritime industry participant" means:
(a) a port operator; or
(b) a port facility operator; or
(c) the ship operator for a regulated Australian ship; or
(d) the ship operator for a regulated foreign ship; or
(da) an offshore industry participant; or
(f) a contractor who provides services to a person mentioned in paragraphs (a) to (d); or
(g) a person who:
(i) conducts a maritime - related enterprise; and
(ii) is prescribed in the regulations.
Note: Neither the Australian Defence Force nor the Immigration and Border Protection Department can be a maritime industry participant. The regulations may also exclude other Commonwealth Agencies from being maritime industry participants: see subsection 9(2).
"maritime security guard" has the meaning given by subsection 162(1).
"maritime security inspector" means a person appointed under subsection 136(1).
"maritime security level" means:
(a) maritime security level 1; or
(b) maritime security level 2; or
(c) maritime security level 3.
"maritime security level 1" means the maritime security level in force under section 21.
"maritime security level 2" means maritime security level 2 as in force under section 23.
"maritime security level 3" means maritime security level 3 as in force under section 23.
"maritime security outcomes" has the meaning given by subsection 3(4).
"maritime security plan" means a plan prepared for the purposes of Part 3.
"maritime security zone" means:
(a) a port security zone; or
(b) a ship security zone; or
(c) an on - board security zone; or
(d) an offshore security zone.
"maritime transport or offshore facility security incident" has the meaning given by subsections 170(1) and (2).
"master" , in relation to a ship, means the person who has command or charge of the ship.
"mobile offshore drilling unit" means a vessel capable of engaging in drilling operations for the purposes of exploring or exploiting resources beneath the seabed.
"national security" has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004 .
"offshore area" has the meaning given by subsection 17A(7).
"offshore facility" has the meaning given by section 17A.
"offshore facility operator" has the meaning given by section 17C.
"offshore industry participant" means:
(a) an offshore facility operator; or
(b) a contractor who provides services to an offshore facility operator; or
(c) a person who:
(i) conducts an enterprise connected with a security regulated offshore facility; and
(ii) is prescribed in the regulations.
Note: Neither the Australian Defence Force nor the Immigration and Border Protection Department can be an offshore industry participant. The regulations may also exclude other Commonwealth Agencies from being offshore industry participants: see subsection 9(3).
"offshore security plan" means a plan prepared for the purposes of Part 5A.
"offshore security zone" means an offshore security zone established under subsection 113A(1).
"on-board security zone" means an on - board security zone established under subsection 110(1).
"operational area" :
(a) in relation to a security regulated ship--has the meaning given by subsection 140(5); and
(b) in relation to a security regulated offshore facility--has the meaning given by subsection 140B(5).
"ordinary search" has the same meaning as in the Crimes Act 1914 .
"overseas voyage" , in relation to a ship, means a voyage in the course of which the ship travels between:
(a) a port in Australia and a port outside Australia; or
(b) a port in Australia and a place in the waters of the sea above the continental shelf of a country other than Australia; or
(c) a port outside Australia and a place in the waters of the sea above the continental shelf of Australia; or
(d) a place in the waters of the sea above the continental shelf of Australia and a place in the waters of the sea above the continental shelf of a country other than Australia; or
(e) ports outside Australia; or
(f) places beyond the continental shelf of Australia;
whether or not the ship travels between 2 or more ports in Australia in the course of the voyage.
"passenger" :
(a) means a passenger travelling by maritime transport; and
(b) includes an intending passenger.
"passenger ship" means a ship that carries more than 12 passengers.
Note: A passenger ship may also be a cargo ship.
"person with incident reporting responsibilities" has the meaning given by subsection 175(4).
"petroleum" has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 .
"port" has the meaning given by section 12.
"port facility" means an area of land or water, or land and water, within a security regulated port (including any buildings, installations or equipment in or on the area) used either wholly or partly in connection with the loading or unloading of security regulated ships.
"port facility operator" means a person who operates a port facility.
"port operator" has the meaning given by subsection 14(1).
"port security zone" means a port security zone established under subsection 102(1).
"pre-arrival information" has the meaning given by subsection 92(3).
"private living area" :
(a) in relation to a security regulated ship--has the meaning given by subsection 140(4); and
(b) in relation to a security regulated offshore facility--has the meaning given by subsection 140B(4).
"prohibited item" means an item that:
(a) could be used for unlawful interference with maritime transport or offshore facilities; and
(b) is prescribed in the regulations for the purposes of this definition.
"receive clearance" :
(a) in relation to a person, has the meaning given by subsection 115(2); and
(b) in relation to goods, has the meaning given by subsection 116(2); and
(c) in relation to a vehicle, has the meaning given by subsection 117(2); and
(d) in relation to a vessel, has the meaning given by subsection 118(2).
"recognised security organisation" has the meaning given by subsection 88(2).
"regulated Australian ship" has the meaning given by section 16.
"regulated foreign ship" has the meaning given by section 17.
"screened" :
(a) in relation to a person, has the meaning given by subsection 115(1); and
(b) in relation to goods, has the meaning given by subsection 116(1); and
(c) in relation to a vehicle, has the meaning given by subsection 117(1); and
(d) in relation to a vessel, has the meaning given by subsection 118(1).
"screening function" means a function that a screening officer is authorised or required to perform under this Act or an instrument made under this Act.
"screening officer" has the meaning given by section 165.
"screening point" means a place where screening occurs.
"Secretary" means the Secretary of the Department.
"security assessment inspector" means a person appointed under subsection 145D(1).
"security compliance information" has the meaning given by subsection 184(1).
"security direction" has the meaning given by subsection 33(2).
"security officer" means a person designated by a maritime industry participant to implement and maintain:
(a) the participant's maritime security plan; or
(b) the ship security plan for a ship operated by the participant; or
(c) the participant's offshore security plan.
"security regulated offshore facility" has the meaning given by section 17B.
"security regulated port" has the meaning given by subsection 13(1).
"security regulated ship" has the meaning given by section 15.
"ship" means a vessel that is capable of navigating the high seas but does not include a vessel that is not self - propelled.
"ship enforcement order" has the meaning given by subsection 195(2).
"ship operator" means:
(a) unless paragraph (b) applies--the owner of a security regulated ship; or
(b) if, under an agreement between the owner of the security regulated ship and another person, the other person is to be the ship operator for the security regulated ship for the purposes of this Act--that other person.
Note: Paragraph (b) means that a ship manager or bareboat charterer (or any other person) who has assumed responsibility for the operation of a ship, can, on assuming such responsibility, also agree to take over responsibility for meeting the obligations that are imposed on the ship operator for the ship under this Act.
"ship regulated as an offshore facility" means each of the following:
(a) an Australian ship regulated as an offshore facility;
(b) a foreign ship regulated as an offshore facility.
"ship security plan" means a plan prepared for the purposes of Part 4.
"ship security record" , in relation to a particular kind of security regulated ship or ship regulated as an offshore facility, means a document or information relating to maritime security prescribed in regulations as a document or information to be kept on, by or for a ship of that kind.
"ship security zone" means a ship security zone declared under subsection 106(1) or (1A).
"SOLAS Convention" means the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as amended from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1983 No. 22. In 2003 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department's website.
"stores" means:
(a) items that are to be carried on board a ship for use, sale or consumption on the ship; and
(b) items that are to be carried on an offshore facility for use, sale or consumption on the facility.
"terrorist act" has the same meaning as in Part 5.3 of the Criminal Code .
"this Act" includes the regulations.
"threaten" : a person is taken to threaten to do an act if the person makes a statement, or does anything else, showing, or from which it could reasonably be inferred, that it is his or her intention to do the act.
"unlawful interference with maritime transport or offshore facilities" has the meaning given by section 11.
"valid ISSC" , for a ship at a particular time, means an ISSC for the ship that is in force at that time.
"vessel" means any craft or structure capable of navigation.
"weapon" means:
(a) a firearm of any kind; or
(b) a thing prescribed by the regulations to be a weapon; or
(c) a device that, except for the absence of, or a defect in, a part of the device, would be a weapon of a kind mentioned in paragraph (a) or (b); or
(d) a device that is reasonably capable of being converted into a weapon of a kind mentioned in paragraph (a) or (b).