Maritime security level 1 is in force for each security regulated port, each maritime industry participant, each regulated Australian ship and each security regulated offshore facility unless the Secretary declares that maritime security level 2 or 3 is in force for the port, participant, ship or facility.

If maritime security level 2 or 3 is in force for a port, that maritime security level is in force for every maritime industry participant, security regulated ship, ship regulated as an offshore facility and security regulated offshore facility within the port.

The Secretary may also declare that maritime security level 2 or 3 is in force for a regulated foreign ship. A regulated foreign ship may also be directed by its flag state to operate at a higher security level.

A foreign ship regulated as an offshore facility may also be directed by its flag state to operate at a higher security level.

If maritime security level 2 or 3 is in force for a security regulated offshore facility, that maritime security level is in force for:

  (a)   every maritime industry participant within the facility; and

  (b)   every security regulated ship in the vicinity of the facility that is engaged in activity in relation to the facility, and for which a lower security level was in force.

Division   3 sets out requirements for notifying maritime security level declarations.

In special circumstances the Secretary is able to give security directions to maritime industry participants, employees of such participants, passengers and persons within the boundaries of a security regulated port or security regulated offshore facility. Security directions may include confidentiality requirements.