Document ID: chunk:federal_register_of_legislation:C2024C00454:section:102
Version: federal_register_of_legislation:C2024C00454
Segment Type: section
Provision Reference: s 102
Character Range: 188233–190343

102  Establishing port security zones
 (1) The Secretary may, by written notice given to the port operator for a security regulated port, establish one or more port security zones within the port. Each port security zone must be of a type prescribed under section 103.
 (2) The notice must include a map of the port that shows the boundaries of the port security zones.
 (2A) If:
 (a) a maritime security plan for a port operator for a security regulated port includes a map in accordance with paragraph 49(2)(a) or subparagraph 49(2)(b)(ii) or (iii); and
 (b) the Secretary gives the port operator notice under paragraph 51(1)(b) approving the plan;
the Secretary is taken to have given the port operator a notice under subsection (1) of this section (including a map as mentioned in subsection (2)) establishing, or revoking the establishment of, port security zones, as proposed by the operator in the map included in the plan.
 (2B) If:
 (a) a notice under subsection 52A(1) requesting the Secretary to vary a maritime security plan for a port operator for a security regulated port includes a map in accordance with subsection 52A(3); and
 (b) the Secretary gives the port operator notice under paragraph 52A(4)(b) approving the variation;
the Secretary is taken to have given the port operator a notice under subsection (1) of this section (including a map as mentioned in subsection (2)) establishing, or revoking the establishment of, port security zones, as proposed by the port operator in the map included in the notice requesting the variation.
Note: For variation and revocation of instruments under subsection (1), see subsection 33(3) of the Acts Interpretation Act 1901.
 (3) If the Secretary establishes a port security zone under subsection (1), the Secretary must, by writing, notify the establishment to each maritime industry participant (other than the port operator) who controls an area included within the zone. The notice must include a map that shows the boundaries of the zone.
 (4) The purpose of port security zones is to subject those zones to additional security requirements.