Maritime Transport Security (Screening Officer Requirements) Determination 2023 (Cth)

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.