EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 42

 

Issued by Authority of the Minister for Transport and Regional Services

 

Subject - Maritime Transport and Offshore Facilities Security Act 2003

 

Maritime Transport and Offshore Facilities Security Amendment Regulations 2007 (No. 1)

 

The purpose of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act) is to safeguard against unlawful interference with maritime transport or offshore facilities by establishing a regulatory framework centred around the development of security plans for ships, offshore oil and gas facilities and other maritime transport operations. The Australian maritime security regime came into force on 1 July 2004.

 

Subsection 209(1) of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed for carrying out or giving effect to the Act. Paragraph 162(2)(b) of the Act also provides that the regulations may prescribe requirements in relation to the form, issue and use of identity cards for maritime security guards.

 

The Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards and Other Measures) Act 2006 has amended the Act to provide enhanced powers for maritime security guards, including:

·         new subsection 163D(6) of the Act, which provides that the regulations may make provision for the disposal of unclaimed vehicles, and the manner in which the proceeds of any sale are to be distributed; and

·         new subsection 163E(6) of the Act, which provides that the regulations may make provision for the disposal of unclaimed vessels, and the manner in which the proceeds of any sale are to be distributed.

 

The amendments to the Maritime Transport and Offshore Facilities Security Regulations 2003 (the Principal Regulations) facilitate the implementation of the new enhanced powers for maritime security guards.

 

In summary, the amendments to the Principal Regulations:

·                     allow for a security guard licence to be used as a form of photo identity card for a maritime security guard; and

·                     set out the requirements to be met by a maritime industry participant in order to sell or dispose of a vehicle or vessel that has been removed from a maritime security zone by a maritime security guard.

 

Details of the issues addressed by the Regulations are set out in the Attachment.

 

A Best Practice Regulation – Preliminary Assessment has been completed and the impact of the Regulations on industry has been assessed as low.

 

The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commenced on the commencement of item 2 of Schedule 1 to the Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards and Other Measures) Act 2006. That Act received the Royal Assent on 27 September 2006, and item 2 of Schedule 1 will commence 6 months after that day, i.e. on 27 March 2007.

ATTACHMENT

 

Details of the Maritime Transport and Offshore Facilities Security Amendment Regulations 2007 (No. 1)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Maritime Transport and Offshore Facilities Security Amendment Regulations 2007 (No. 1)

 

Regulation 2 – Commencement

 

This regulation provides for the Regulations to commence on the commencement of item 2 of Schedule 1 to the Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards and Other Measures) Act 2006.

 

Regulation 3 – Amendment of Maritime Transport and Offshore Facilities Security Regulations 2003

 

This regulation provides that the Maritime Transport and Offshore Facilities Security Regulations 2003 (the Principal Regulations) are amended as set out in Schedule 1.

 

Schedule 1 – Amendments

 

Item [1] – Before regulation 8.50

This item inserted a new subdivision heading separating the provisions dealing with the general requirements for maritime security guards from the provisions concerning the disposal of unclaimed vehicles and vessels.

 

Item [2] – Paragraph 8.55(1)(a)

This item amended paragraph 8.55(1)(a) to provide that a card issued by an authority of a State or Territory – and which is evidence that the maritime security guard holds a licence to work as a security guard in that State or Territory – to be used as an identity card for a maritime security guard. This regulation reduces the number of different cards a maritime security guard requires to hold or display in order to work for a maritime industry participant.

 

Item [3] – Paragraph 8.55(2)(d)

This item amended paragraph 8.55(2)(d) to provide that a card issued by an authority of a State or Territory, for the purposes of paragraph 8.55(1)(a) is required to bear the name of the Authority.

 

Item [4] – After regulation 8.55

This item inserted a new Subdivision heading 8.5.2 to provide for the disposal, through sale or otherwise, of “unclaimed” vehicles and vessels; and the manner in which the proceeds of any sale are to be distributed.

 

This item also inserted a new regulation 8.57. Subregulation 8.57(1) inserted a definition of the term “unclaimed vehicle”. This definition clarifies when a vehicle may be disposed of by a maritime industry participant. New subregulation 8.57(2) provides for a definition of the term unclaimed vehicle and that a maritime industry participant may sell or otherwise dispose of a vehicle that has been an unclaimed vehicle for longer than three months. To sell or otherwise dispose of an “unclaimed vehicle” under this regulation requires the maritime industry participant to publish a notice in relation to the vehicle in an appropriate newspaper. The proceeds of the sale of an unclaimed vehicle, less the reasonable costs incurred by the participant, is to be given to the Australian Government by 14 July in the following financial year in which the maritime industry participant sold the vehicle under this regulation. This regulation ensures that there was a reasonable opportunity for the owner to recover the unclaimed vehicle, while ensuring that the maritime industry participant is not unjustly burdened with costs associated with removal and storage of the unclaimed vehicle.

 

This item also inserted a new regulation 8.58C to provide for the disposal of removed vessels. Subregulation 8.58(1) sets out a definition of the term “unclaimed vessel”. New subregulation 8.58(2) provides that a maritime industry participant may sell or otherwise dispose of a vessel that has been an unclaimed vessel for longer than three months. To sell or otherwise dispose of an unclaimed vessel under this regulation requires the maritime industry participant to publish a notice in relation to the vessel in an appropriate newspaper. The proceeds of the sale of an unclaimed vessel, less the reasonable costs incurred by the participant, is to be given to the Australian Government by 14 July in the following financial year in which the maritime industry participant sold the vessel under this regulation. This regulation ensures that there is reasonable opportunity for the owner to recover the unclaimed vessel, while ensuring that a maritime industry participant is not unjustly burdened with costs associated with removal and storage of the unclaimed vessel.