(1) For the purposes of subsection 44(1), if:
(a) a maritime industry participant is required to comply with a maritime security plan; and
(b) the Secretary makes a declaration under subsection 22(1); and
(c) the effect of the declaration is that maritime security level 2 or 3 is in force for:
(i) the participant; or
(ii) an area controlled by the participant; or
(iii) particular operations of the participant;
the participant does not comply with the plan unless the participant implements the measures set out in the plan for the participant, area or operations, as required, for that maritime security level.
(2) For the purposes of subsection 63(1), if:
(a) a ship security plan is in force for a regulated Australian ship; and
(b) the Secretary makes a declaration under subsection 22(1); and
(c) the effect of the declaration is that maritime security level 2 or 3 is in force for the ship;
the ship security plan for the ship is not complied with unless the measures set out in the plan for that maritime security level are implemented.
Note: Obligations on regulated foreign ships to comply with security levels are set out in section 94.
(3) For the purposes of subsection 100D(1), if:
(a) an offshore industry participant is required to comply with an offshore security plan; and
(b) the Secretary makes a declaration under subsection 22(1) or is taken to have made such a declaration because of subsection 22(4); and
(c) the effect of the declaration is that maritime security level 2 or 3 is in force for:
(i) the participant; or
(ii) particular operations of the participant;
the participant does not comply with the plan unless the participant implements the measures set out in the plan for the participant or operations, as required, for that maritime security level.