Document ID: chunk:federal_register_of_legislation:C2024C00454:section:94
Version: federal_register_of_legislation:C2024C00454
Segment Type: section
Provision Reference: s 94
Character Range: 142831–144417

94  Regulated foreign ships must comply with security levels
 (1) This section sets out security measures that must be implemented by a regulated foreign ship.
Note: A ship is only a regulated foreign ship when it is in Australian waters: see section 17.
 (2) Unless subsections (3) to (7) provide otherwise, the ship must, at all times, implement ISPS level 1 measures.
 (3) If maritime security level 2 is in force for the ship because the ship is in a security regulated port where maritime security level 2 is in force (see section 24), the ship must implement ISPS level 2 measures.
 (4) If maritime security level 3 is in force for the ship because the ship is in a security regulated port where maritime security level 3 is in force (see section 24), the ship must implement ISPS level 3 measures.
 (5) If the Secretary declares under subsection 22(2) that maritime security level 2 is in force for the ship, the ship must implement ISPS level 2 measures.
 (6) If the Secretary declares under subsection 22(2) that maritime security level 3 is in force for the ship, the ship must implement ISPS level 3 measures.
 (7) If:
 (a) the ship is registered in another country (the flag state); and
 (b) the ship is directed by the flag state to implement a higher level of security than would otherwise apply under this section;
the ship must comply with the direction.
 (8) If a regulated foreign ship does not implement security measures in accordance with subsections (2) to (7), the ship operator for, or the master of, the ship may be given a control direction under Division 3.