Document ID: chunk:federal_register_of_legislation:C2024C00454:section:22
Version: federal_register_of_legislation:C2024C00454
Segment Type: section
Provision Reference: s 22
Character Range: 70858–73107

22  Secretary may declare maritime security level 2 or 3
 (1) The Secretary may, by writing, declare that maritime security level 2 or maritime security level 3 is in force for one or more of the following as specified in the declaration:
 (a) a security regulated port;
 (b) a regulated Australian ship;
 (ba) a security regulated offshore facility;
 (c) an area within a security regulated port;
 (d) a maritime industry participant;
 (e) operations conducted by a maritime industry participant within, or in connection with, a security regulated port or a security regulated offshore facility.
 (2) The Secretary may also, by writing, declare that maritime security level 2 or maritime security level 3 is in force for a regulated foreign ship.
 (3) However, the Secretary must not make a declaration under subsection (1) or (2) unless it is appropriate for a higher level of security to be put into place for the port, ship, facility, area or participant concerned because a heightened risk to maritime transport or offshore facilities has been identified.
 (4) If:
 (a) a foreign ship regulated as an offshore facility 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 Division;
then:
 (c) that higher security level is taken to have been declared by the Secretary under subsection (1) to be in force for the ship; and
 (d) the declaration is taken to have been made on the day on which the direction is given; and
 (e) that higher security level is in force for the ship until it ceases to be in force under the law of the flag state; and
 (f) if the ship is part of a security regulated offshore facility—the security level of the remainder of the facility is not affected.
Note: Maritime security plans, ship security plans and offshore security plans (see Parts 3, 4 and 5A) will set out security activities and measures to be undertaken or implemented when different maritime security levels are in force.
 (5) A declaration under subsection (1) that a maritime security level is in force for a regulated Australian ship may specify that the level is only in force for the ship while it is in specified waters.