ATTACHMENT A

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Maritime Transport and Offshore Facilities Security Amendment (Port Service Providers) Regulation 2015

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The Legislative Instrument amends the Principal Regulations to:

*               remove the security plan requirement for port service providers; and

*               consequentially repeal references or provisions relating to port service providers.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

WARREN TRUSS

Minister for Infrastructure and Regional Development

 

 

ATTACHMENT B

 

Details of the Maritime Transport and Offshore Facilities Security Amendment (Port Service Providers) Regulation 2015

 

Section 1 - Name

 

This section provides that the name of the Regulation is the Maritime Transport and Offshore Facilities Security Amendment (Port Service Providers) Regulation 2015 (the Regulation).

 

Section 2 - Commencement

 

This section 2 sets out the commencement date for the Regulation.

 

The Regulation commences on 30 June 2016.

 

Section 3 - Authority

 

This section provides that the Regulation is made under the Maritime Transport and Offshore Facilities Security Act 2003

 

Section 4 - Schedules

 

This section provides for the Maritime Transport and Offshore Facilities Security Regulations 2003 to be amended as set out in the Schedule.

Schedule 1 - Amendments

Item [1] - subregulation 1.03(1) (paragraph (b) of the definition of contact details)

This item omits the reference to a port service provider security officer (PSPSO) in the definition of contact details.  Port service providers are no longer required to have a maritime security plan and to designate a PSPSO.  The amendment is consequential to item 23.

Item [2] - subregulation 1.03(1) (definition of land-side restricted zone)

Item 2 omits the reference to a port service provider in the definition of land-side restricted zone.  The change to the definition of a land-side restricted zone is consequential to item 25.

Item [3] - subregulation 1.03(1) (definition of port services provider)

This item repeals the definition of port service provider.  This definition is unnecessary as all references to port service providers in the Principal Regulations have been repealed.

Item [4] - subregulation 1.03(1) (definition of a PSPSO or port service provider security officer)

This item repeals the definition of a PSPSO.  Port service providers are no longer required to have a maritime security plan and to designate a PSPSO.  The amendment is consequential to item 23.

Item [5] - subregulation 1.03(1) (subparagraph (b)(ii) of the definition of RFSSO or regulated foreign ship security officer)

Item 5 omits the reference to port service provider security officers from the definition of a regulated foreign ship security officer (RFSSO).  Port service providers are no longer required to have a maritime security plan and to designate a PSPSO.  This amendment is consequential to item 23.

Item [6] - regulation 1.05 (heading)

Item 6 substitutes the heading of regulation 1.05 of the Principal Regulations.  Since all references to port service providers were removed from the Principal Regulations, it is no longer necessary to define a port service provider.

However, this amendment clarifies that those persons specified in existing regulation 1.05 of the Principal Regulations are still prescribed as maritime industry participants.

Item [7] - paragraph 1.10(3)(c)

Item 7 removes the requirement for a company security officer (CSO) to liaise with PSPSOs as part of the CSO's responsibilities.  Port service providers are no longer required to have a maritime security plan and to designate a PSPSO.  This amendment is consequential to item 23.

Item [8] - paragraph 1.15(3)(b)

Item 8 removes the requirement for a ship security officer (SSO) to liaise with PSPSOs as part of the SSO's responsibilities.  Port service providers are no longer required to have a maritime security plan and to designate a PSPSO.  This amendment is consequential to item 23.

Item [9] - paragraph 1.20(3)(j)

Item 9 removes the requirement for a port security officer (PSO) to liaise with PSPSOs as part of the PSO's responsibilities.  Port service providers are no longer required to have a maritime security plan and to designate a PSPSO.  This amendment is consequential to item 23.

Item [10] - paragraph 1.25(3)(b)

Item 10 removes the requirement for a port facility security officer (PFSO) to liaise with PSPSOs as part of the PFSO's responsibilities.  Port service providers are no longer required to have a maritime security plan and to designate a PSPSO.  This amendment is consequential to item 23.

Item [11] - regulation 1.30

This item repeals the regulation 1.30.  As port service providers are no longer required to have a maritime security plan, they do not need to have a PSPSO.  The requirement to have a PSPSO was a prerequisite for the Secretary to approve the port service provider's maritime security plan.  This amendment is consequential to item 23.

Item [12] - subregulation 1.35(1)

Item 12 removes the reference to a PSPSO.  Port service providers are no longer required to have a PSPSO (see item 11).  Therefore, it is not necessary to prescribe a power for PSPSOs to delegate their functions and duties.

Item [13] - paragraph 1.45(1)(c)

This amendment is consequential to item 14.

Item [14] - paragraph 1.45(1)(d)

Item 14 repeals paragraph 1.45(1)(d).  This amendment is consequential to items 11 and 23.

Item [15] - regulation 3.10

Item 15 removes the reference to port service providers.  As port service providers are no longer required to have a maritime security plan, they are not subject to the common requirements for the content of maritime security plans.  This amendment is consequential to item 23.

Item [16] - regulation 3.12

This item removes the reference to a port service provider in regulation 3.12.  As port service providers are no longer required to have a maritime security plan, it is no longer necessary for them to protect the plan against unauthorised access, amendment or disclosure.  This amendment is consequential to item 23.

Item [17] - regulation 3.12

Item 17 removes the reference to a (port service) provider from regulation 3.12.  As for item 16, it is not necessary for port service providers to have to protect their plans.  This amendment is consequential to item 23.

Item [18] - regulation 3.15

Item 18 removes the reference to port service providers.  It is intended that the obligation on a port operator to provide information to a port service provider should be no different to its obligation to provide information to any other landside service provider that is a maritime industry participant.

Item [19] - subregulation 3.20(1)

This item removes the reference to port service providers.  It is intended that the obligation on a port facility operator to provide information to a port service provider should be no different to its obligation to provide information to any other landside service provider that is a maritime industry participant.

 

Item [20] - regulation 3.25

This amendment repeals regulation 3.25, as port service providers are no longer required to have a maritime security plan.  This amendment is consequential to item 23.

Item [21] - regulation 3.105

Item 21 removes the requirement for a port facility operator to set out details of each port service provider operating within its facility.  This ensures that port facility operators' plans are not more onerous in relation to their treatment of port service providers than for any other landside service provider that is a maritime industry participant.

Item [22] - paragraph 3.130(b)

This item removes the reference to a port service provider from paragraph 3.130(b).  This ensures that the consultation obligations of port facility operators in their plans are no greater for port service providers that might be affected by the plan than for any other person that might be affected by the plan.

Item [23] - Division 3.4 of Part 3

Item 23 repeals the Division 3.4 of Part 3.  Regulation 3.175 of the Principal Regulations specifies certain port service providers as classes of maritime industry participant that are required to have a maritime security plan.  Port service providers are no longer required to have a maritime security plan.

The remainder of the Division sets out what the maritime security plan of a port service provider must contain and certain other related obligations.  Since port service providers are no longer required to have a maritime security plan, these provisions are unnecessary.

Item [24] - paragraph 4.45(h)

Item 24 removes the reference to port services security activities as it is no longer necessary.  This amendment is consequential to items 11 and 23.

Item [25] - regulation 6.40

This item repeals regulation 6.40.  This is consequential to item 23.

Item [26] - paragraph 6.45(1)(b)

Item 26 is consequential to item 27.

Item [27] - paragraph 6.45(1)(c)

This amendment is consequential to items 23 and 25.

Item [28] - paragraph 6.45(2)(b)

Item 28 is consequential to item 29.

Item [29] - paragraph 6.45(2)(c)

This amendment is consequential to item 25.  The matter is better dealt with by arrangements between a port operator or port facility operator.