Second Reading Speech
Mr Truss (Minister for Transport and Regional Services)I move:
That this bill be now read a second time.
The Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Bill 2006 amends the Maritime Transport and Offshore Facilities Security Act 2003.
The act implements a preventative security regime to enhance security at ports, terminals, offshore facilities and on board ships, giving effect to Australia's international obligations under the International Maritime Organisation's (IMO) International Ship and Port Facility Security (ISPS) Code under chapter XI-2 of the Safety of Life at Sea (SOLAS) Convention 1974.
The act establishes a scheme which safeguards against unlawful interference with maritime transport or offshore facilities by setting up a regulatory framework centred on the development of security plans for ships, ports, port facilities and offshore facilities which are vital strategic assets providing maritime transport for imports and exports and our domestic energy supply.
Objective of the bill
Maritime, ship and offshore security plans play an integral role in the maritime transport and offshore facility security regime. The bill introduces measures in relation to the submission and approval of maritime, ship and offshore security plans aimed at alleviating administrative burdens faced by the maritime industry. The measures of this bill are an example of the continued and successful cooperation between the Department of Transport and Regional Services and Australia's key maritime industry representatives. It is a relationship based on consultation and cooperation.
The measures of the bill
The bill will streamline the plan approval process and make it easier for participants to submit changes to security plans.
Schedule 1 of the bill amends the act to simplify the plan approval process and procedures for the establishment of security zones, shorten the time for plan approvals, facilitate changes of contact details for security officers and clarify when the plan approval period commences.
Security plans are submitted to the secretary for approval.
A maritime industry participant may also request the secretary to establish port or offshore security zones within or around a port or an offshore facility.
At present a participant cannot change a plan without submitting a revised plan. The bill will enable participants to submit a variation to a plan. The test for approving the variation will be the same as for a revised plan.
Presently, the act anticipates that security zones will already be established independently of the submission of a maritime security plan or an offshore security plan. However, the secretary generally establishes security zones following proposals made to the secretary in a maritime security plan or an offshore security plan. Those provisions in the act are being amended to reflect circumstances where port and offshore security zones have not yet been established by the secretary.
Currently, security zones are established when the secretary has given the operator written notice establishing the zones. This written notice is separate to the written notice which the secretary gives an operator for approval of security plans. An amendment to simplify this administrative process is being introduced. When the secretary gives a notice to the participant approving the maritime or offshore security plan, the secretary is then taken to have given the port or offshore facility operator a notice establishing the maritime or offshore security zones as proposed in the plans.
It is difficult for the department to know when a plan approval period commences under the act, because it is not always possible to know when a participant has given a plan to the secretary. The bill provides that the approval period will commence when the plan is received by the secretary.
The bill will reduce the time allowed for the approval of plans from 90 days to 60 days to align with the Aviation Transport Security Act 2004, which is also administered by my portfolio. The 60-day plan approval time can be extended for a maximum of 45 days to allow the secretary to seek further information from the participant.
At present, maritime, ship and offshore security plans must include contact details for the participant's security officer so that any change to contact details requires amendment to the security plan. The bill removes the requirement for contact details in the act, requiring instead the participant to designate by name, or reference to a position, all security officers responsible for implementing or maintaining the security plan, thus removing the need to amend a security plan when security officers' contact details change.
Schedule 2 of the bill contains technical amendments to acts administered by my portfolio relating to legislative instruments as a consequence of the enactment of the Legislative Instruments Act 2003. These amendments are included in this bill to reduce the size of the Legislative Instruments (Technical Amendments) Bill 2005.
Schedule 3 of the bill contains an amendment to the Customs Act 1901 to reflect a change of name from the Maritime Transport Security Act 2003 to the Maritime Transport and Offshore Facilities Security Act 2003. The Customs Act 1901 was not updated when the short title of the act changed in 2005.
Conclusion
The Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Bill 2006 will streamline the process of maritime, ship and offshore security plans and the establishment of port and offshore security zones. I am confident that the measures introduced in this bill will enable maritime industry participants to focus on implementing and maintaining the security measures outlined in their security plans, contributing to the strengthening of Australia's maritime security arrangements. I present the explanatory memorandum.
Debate (on motion by Mr Crean) adjourned.