Document ID: chunk:federal_register_of_legislation:F2023L00782:body:0:p1
Version: federal_register_of_legislation:F2023L00782
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LIN 23/025
Maritime Transport Security (Screening Officer Requirements) Determination 2023
I, Carrie-Anne Henderson, delegate of the Secretary of the Department of Home Affairs, make this instrument under section 165A of the Maritime Transport and Offshore Facilities Security Act 2003 (the Act).

Dated  9 June 2023

Carrie-Anne Henderson
Acting Assistant Secretary
Infrastructure Capability Branch
Cyber and Infrastructure Security Centre
Department of Home Affairs

1 Name
        This instrument is the Maritime Transport Security (Screening Officer Requirements) Determination 2023.

2 Commencement
        This instrument commences on 1 July 2023.

     3 Revocation
        The Maritime Transport Security (Screening Officer Requirements) Determination 2022 (LIN 22/079) is revoked.

4 Definitions
  In this instrument:

Act means the Maritime Transport and Offshore Facilities Security Act 2003.

independent screening decision means a decision:

        (a) made by a screening officer when exercising a specified power or performing a screening function; and
        (b) related to whether or not to allow a person, personal effects, baggage, goods, vehicles, or a vessel to pass through a screening point without prompting or guidance from a supervising screening officer.

Regulations means the Maritime Transport and Offshore Facilities Security Regulations 2003.

screening authority means a screening authority as defined in section 9 of the Aviation Transport Security Act 2004.

Note 1 Some terms used in this notice are defined in the Act, including baggage, port facility operator, regulated Australian Ship,  screening function, screening officer and ship operator.
Note 2 Some terms used in this notice are defined in the Regulations, including MSIC and properly displaying.

5 Application
        This instrument determines requirements under section 165A of the Act for screening officers.
Note  The Secretary may exempt a class of screening officers from one or more of the requirements in this determination if the Secretary is satisfied an exceptional circumstance exists—see Act, section 165B.

6 Qualifications
       (1) A screening officer who is engaged or employed by a port facility operator or ship operator for a regulated Australian ship, that has been served a notice under regulation 7.30 of the Regulations, must hold either of the following qualifications:
        (a) a Certificate II in Transport Security Protection; or
        (b) a qualification that the Secretary is satisfied will enable the holder to carry out the duties of a screening officer under the Act.
       (2) Subsection (3) applies to a person who:
        (a) before 16 January 2022—was engaged or employed as a screening officer by:
 (i) a port facility operator or ship operator for a regulated Australian ship under the Act, or
 (ii) a screening authority; and
        (b) does not hold a Certificate II in Transport Security Protection; and
        (c) after 15 June 2020—did not cease to be engaged or employed as a screening officer by a port facility operator, ship operator for a