Commonwealth Consolidated Acts

MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 195

  (1)   The Secretary may give a direction to:

  (a)   the ship operator for a regulated Australian ship; or

  (b)   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.

  (2)   A direction under subsection   (1) is a ship enforcement order .

  (3)   The Secretary may only give a ship enforcement order if he or she reasonably believes that:

  (a)   the regulated Australian ship named in the ship enforcement order has operated in contravention of this Act; and

  (b)   the ship enforcement order is necessary to safeguard against unlawful interference with maritime transport or offshore facilities.

  (4)   The ship enforcement order must:

  (a)   bear a clear and direct relationship to the contravention; and

  (b)   be proportionate to the contravention.

  (5)   The action that a ship operator or master may be directed to take under subsection   (1) includes, but is not limited to, the following:

  (a)   removing the ship from specified waters;

  (b)   removing the ship from a security regulated port;

  (c)   moving the ship within a security regulated port;

  (ca)   removing the ship from an offshore security zone;

  (cb)   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;

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

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

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

  (6)   A ship enforcement order has no effect unless the Secretary commits the direction to writing before giving it.