Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p72
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 72/100)
Character Range: 231148–233947

refuse to exempt somebody from displaying a valid MSIC in a maritime security zone, or part of such an area; or
 (b) to impose a condition on such an exemption.

Decisions in relation to the substituted exercise of the powers of an issuing body
 (5) Application may be made to the Secretary for reconsideration of a decision of the Secretary:
 (a) to authorise, or refuse to authorise, a person to perform the functions, or exercise the powers, of an issuing body; or
 (b) to authorise a person to perform the functions or exercise the powers of an issuing body subject to a condition.

6.08Y  If Secretary makes no decision
  If a person applies to the Secretary under regulation 6.08X for reconsideration or review of a decision and, 30 days after making the application, the Secretary has not notified his or her decision about the application to the applicant, the Secretary is taken to have refused to vary the original decision.

6.08Z  ART review of Secretary's decisions

Review of reconsideration decisions
 (1) Applications may be made to the Tribunal for review of decisions of the Secretary under regulation 6.08X or 6.08Y.

Decisions relating to alternative identification requirements
 (2) Applications may be made to the Tribunal for review of decisions of the Secretary under paragraph 6.08BC(5)(a) to refuse to approve alternative identification requirements for a person.

Subdivision 6.1A.8—Miscellaneous

6.09A  Recovery of costs and expenses (Act ss 105, 109, 113 and 113D)
  For subsections 105(4), 109(4), 113(4) and 113D(4) of the Act:
 (a) an issuing body may recover costs and expenses reasonably incurred by the body in relation to the issue of an MSIC from the person who asks the body to issue the MSIC; and
 (b) a maritime industry participant may recover costs and expenses reasonably incurred by the participant in relation to the issue of a temporary MSIC from the person who asks the participant to issue the temporary MSIC.

Division 6.2—Port security zones

Subdivision 6.2.1—General

6.20  Types of port security zones
  For subsection 103(1) of the Act, the following are prescribed as the types of port security zones that the Secretary may establish within a security regulated port:
 (a) land‑side restricted zones;
 (b) cleared zones;
 (c) water‑side restricted zones.

6.25  Security barriers
 (1) A fence, free standing wall, building or other similar object, or a series of objects such as trees, booms, marker buoys and other similar objects, may constitute a security barrier if the object or series of objects:
 (a) clearly defines the boundary of a maritime security zone; and
 (b) deters unauthorised access into the zone.
 (2) A security barrier for a land‑side restricted zone or a cleared zone must:
 (a) deter and deny unauthorised access to the