De-Anne Kelly (Dawson, National Party, Parliamentary Secretary Trade) Share this | Hansard source

I present the explanatory memorandum to this bill and move:

That this bill be now read a second time.

The Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards and Other Measures) Bill 2005 amends the Maritime Transport Security Act 2003 (the act).

The bill will strengthen Australia’s maritime security by enhancing the capacity of ports and other maritime industry participants to deter and deal with unauthorised incursions into maritime security zones. Under the act maritime security zones are established in security regulated ports or on board security regulated ships to prevent unauthorised access to areas requiring additional security measures. Maritime industry participants are required to monitor and control access to these zones, and strict liability offences apply under the Maritime Transport Security Regulations 2003 (the regulations) to persons entering without authorisation.

Maritime security guards are deployed by maritime industry participants as part of their preventive security arrangements. In the course of his or her duties, a maritime security guard might detect a person who has entered a maritime security zone unlawfully. Under the act, guards have the power to restrain an unauthorised person and detain the person until a law enforcement officer—usually a state or territory police officer—arrives. However, maritime security guards do not have the power to request identification from the person, ask the person why he or she is in the zone, or request that the person move on if it has been established that the person has breached the provisions concerning access to zones. Nor do maritime security guards have the power to remove occupied or unoccupied vehicles or vessels found without authorisation in zones. In these circumstances, they would have to call the police to arrange removal. This is not always a quick and convenient solution to effect the removal of a potential threat from a maritime security zone.

Following a comprehensive review of Australia’s maritime security policy settings conducted by the Secretaries Committee on National Security in 2005, the Australian government decided to enhance the powers of maritime security guards under the act through provision of limited move-on powers. These new powers are contained in schedule 1 of the bill, as well as some powers incidental to the implementation of the move-on powers.

Under the new powers a maritime security guard may request that a person found within a maritime security zone provide identification and reason for being in the zone. When confronting the person the guard will be required to identify himself or herself, advise the person of his or her authority to request information, and tell the person that noncompliance is an offence under the act. These safeguards are intended to provide a balance between the coercive nature of the move-on powers and the rights of the individual.

If a maritime security guard has established that a person is in the zone without authority, then the guard can request that the person leave the zone. The previously mentioned safeguards apply in these circumstances as well. If a person fails to comply, the maritime security guard may remove the person from the zone, but may not in the process use greater force, or subject the person to greater indignity, than is necessary.

Schedule 1 provides that a maritime security guard may remove, or cause to be removed, a vehicle or vessel found in a zone without authorisation. These provisions apply to occupied or unoccupied vehicles or vessels. There is a statutory obligation not to cause unreasonable damage to the vehicle or vessel being removed, and a requirement to notify the owner of the removal. Expenses incurred for the removal, relocation and storage may be claimed from the owner of the vehicle or vessel.

These powers acknowledge a key difference between airports and ports. Where persons can be prevented from unauthorised access to airports through traditional access control arrangements, such as fences and monitored gates, ports are, by their very nature, open on at least one side—the waterside. Providing maritime security guards with the means to request that waterside intruders move on or else face removal and potential fines for noncompliance will address this natural weakness in port security.

It is expected that these new powers will complement the extensive waterside protection arrangements already in place, and enhance their deterrent effect. Of course, they will not eliminate the need for state or territory police forces to respond to an incident or threat when called. But they will provide ports with an immediate response capability, and an ability to promptly deal with nuisance incursions into zones without having to call on police resources.

Schedule 2 of the bill provides for a number of miscellaneous amendments to the act which clarify meaning, including an amendment which provides that a higher security level relevant to specified waters can be given to a regulated Australian ship.

The Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards and Other Measures) Bill 2005 will strengthen Australia’s maritime security arrangements, providing for better security for our ports, port facilities and ships against the scourge of international terrorism, and enhancing the protection of both Australia’s maritime transport sector, and the Australian community.

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