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MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 25

Security levels and complying with plans

Maritime security plans

  (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.

Ship security plans

  (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.

Offshore security plans

  (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.



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