Document ID: chunk:federal_register_of_legislation:C2007C00185:clause:1_100zm
Version: federal_register_of_legislation:C2007C00185
Segment Type: clause
Provision Reference: sch 1 cl 100ZM
Character Range: 70561–72515

100ZM  Secretary may give control directions

 (1) The Secretary may give a direction to:
 (a) the offshore facility operator for a foreign ship regulated as an offshore facility; or
 (b) the master of the ship;
requiring the offshore facility operator or master to take specified action, or refrain from taking specified action, in relation to the ship.

 (2) A direction under subsection (1) is a control direction.

 (3) However, the Secretary must not give a control direction unless the direction is:
 (a) necessary for ensuring compliance with Division 2 of this Part; or
 (b) a direction of a kind that can be given, under Chapter XI‑2 of the SOLAS Convention or the ISPS Code, by a port state to a foreign flagged ship.

 (4) The action that an offshore facility operator or master may be directed to take under subsection (1) includes, but is not limited to, the following:
 (a) removing the ship from Australian waters;
 (b) removing the ship from a security regulated port;
 (c) moving the ship within a security regulated port;
 (d) removing the ship from an offshore security zone;
 (e) moving the ship within or around an offshore security zone;
 (f) holding the ship in a particular position for a specified period or until a specified event occurs;
 (g) taking particular actions, or ensuring that particular actions are taken, on board the ship;
 (h) allowing a maritime security inspector on board the ship to inspect the ship or ship security records carried by the ship.

 (5) A control direction has no effect until the Secretary commits the direction to writing.

Note: This requires the Secretary to have a written record of a direction that is given orally.

 (6) The direction must not require the payment of money to the Secretary (or any other person) other than an amount of money that is already recoverable at law.

 (7) The regulations may prescribe requirements for, or in relation to, the giving of control directions.