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Training-ISPS
- International Ship & Port Facility Security Training
-Frequently Asked Questions - MTSA 2003
The questions below have been asked by trainees on the OAM ISPS
Courses regarding the MTSA 2003. Answers have been provided where
available and the remaining questions will be answered pending a
response from DoTaRS.
Questions pertaining to the MTSA 2003
1.
MTSA 2003
- Is there a legal
or social requirement for signage indicating that personnel entering
a cleared zone might be subject to a search, or will it be an
assumed requirement similar to airports? If signage is required
what format will it take?
- Is there a consolidated
list of Australian ports and port facilities which fall under
the MTSA 2003 and ISPS?
2. ISPS
- Is DoTaRS aware
if the IMO is planning to transfer sections of the ISPS, such
as Section 8 (Ship Security Assessment),
from Part B to Part A?
3. SSAS
- Which
organisation will receive Ship Security Alert System (SSAS) alerts
once triggered and what will be the response process? Additionally
if the Alert comes from outside of Australia’s Economic Zone will
the Navy or Coast Watch be able to respond as I believe the Navy
has no jurisdiction to intervene in Piracy outside of Australian
territorial waters.
4. AIS
- Please confirm if
DoTaRS are making the provision of AIS receiving stations in any
ports mandatory.
5. Fines/
Demerit Points/ Penalty Units
Can you clarify some aspects
of demerit points and penalty units, specifically:
- Our understanding
is that penalty units are the same system which is used under
criminal legislation and that a fine will be attached to each
penalty unit. We understand that this fine could equate
to $1000 per penalty unit. Is this correct and where is/
would this monetary value be published?
- The MTSA 2003 defines
demerit points: (sect 198) And goes on to state “198 Demerit points systemThe regulations may, in accordance with
this Division, establish a system (the demerit points system)
under which the approval of a maritime security plan or a ship
security plan may be cancelled.”
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“The enforcement options (and
the relevant Divisions) are as follows:
(a)
infringement notices (Division 2);
(b)
enforcement orders (Division 3);
(c)
ship enforcement orders for regulated
Australian ships (Division 4);
(d)
injunctions (Division 5);
(e)
demerit points system (Division 6).” |
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- However, there is
no mention of demerit points in the current version of the MTSR
2003. Does DoTaRS intend to implement a Demerit Points system
and if so how do they envisage it working? Will it have
a monetary fine associated with it?
6.
Keeping of Records
- The ISPS states
that assessments and plans can be kept in electronic or hardcopy
whereas the Australian legislation requires that assessments and
plans be kept in hard copy. Does this requirement for records
to be kept in hard copy apply to all documentation related to
the ISPS i.e. Declarations of Security are required to be kept
for 7 years, could these be scanned in and kept in electronic
format only?
7. Declarations
of Security
- How/if DoTaRS plans
to record details of the agreement in the Declaration of Security?
In its current format signatures on the DoS indicate agreement
but not details of who is responsible for what.
ANSWER
Answer from
DoTaRS (Office of Transport Security) Maritime Security Information
Paper of 24 June 04, page 21
·
“An annex to the Declaration
of Security may be used to clarify responsibilities, timing
and other details regarding a specific activity.”
And from
page 22
·
“A Declaration of Security
may go beyond the activities listed if the relevant maritime
industry participant or other party wishes to have a written
document outlining voluntarily undertaken additional security
measures for compliance purposes.”
- Will Declarations
of Security be able to be issued for more than one visit over
a period of time? For example, could regulated ships with
an ISSC, making repeated trips between a FPSO and a regulated
port have a standing Declaration of Security with the FPSO (as
the FPSO does not fall under the ISPS)?
ANSWER ·
DoTaRS
is yet to provide a formal answer on this question however, it
is understood that standing Declarations of Security have been
detailed in some Maritime Security Plans for PFSP and these plans
have been approved by DoTaRS.
8. FPSO
/ Oil Rigs
- Are FPSO operating
outside of the Australian Economic Zones subject to any specific
rulings?
- Are there existing,
or proposed, security requirements for oil production platforms
and FPSO to align them with the ISPS?
9. Powers
of Officials
- Who is DoTaRS intending
to empower with their MTSA 2003 powers in remote ports?
For example when a ship enters the port of Onslow is anyone empowered
under the MTSA 2003 to: refuse the ship entry, expel the ship,
or inspect parts of the Ship Security Plan (in the case of suspected
non-compliance), etc?
ANSWER
Answer from
DoTaRS (Office of Transport Security) Maritime
Security Information Paper of 24 June 04, page 10:“OTS will
appoint MSIs, [Maritime Security Inspectors] whose function
is defined under MTSA (sections 135-145). They may be OTS officials
or police officers. They have the authority to inspect
all operational areas of a security-regulated ship and with
the consent of Master or by warrant, the private living areas.
More limited
authority for access is given to DAOs, [Duly Authorised Officers]
(sections 146-149) for the purpose of conducting security checks.
DAOs may include officials from Customs, DIMIA, AQIS, ADF and
AMSA surveyors. They will be appointed in writing by the Secretary.”
- If it is to be Customs
will this make customs attendance at ship arrivals mandatory?
ANSWER
Information
required from ships visiting Australian Ports is to be submitted
on the new Customs Forms 3A and 3B. These form are contained
in the DoTaRS (Office of Transport Security) Maritime Security
Information Paper of 24 June 04 as Appendix
Information
to be provided on Form 3A includes:
·
Port of arrival
·
Time and date of arrival
·
Name of Ship
·
IMO number of Ship
·
Country of registration
·
Vessel operator
·
Number of crew on board
·
Number of passengers
on board
·
Security level which
the ship is operating at
·
ISSC number, issuing
authority and expiry date
·
Last 10 ports of call
·
Details of interaction
with other ships and any additional security measures undertaken
with ports or ships
·
Next four ports of call
(if known)
10.
Audits, inspections and verifications
- Is DoTaRS going
to conduct interim verifications of Maritime Security Plans and
if so will they be mandatory annual or random?
11. Drills
and Exercises
- Is DoTaRS going
to have a mandatory requirement for Drills and exercises such
as that recommended in the ISPS Part B Sect 13.6, 13.7, 18.5 and
18.6 (drills every 3 months and exercises every calendar year)
12.
Amendments to Plans
- How is DoTaRS going
to approach the issue of amendments to Ship Security Plans and
Maritime Security Plans? What size of amendment will mean
the plan has to be resubmitted to DoTaRS? i.e. in the case of
a minor change to the plan, will it have to be submitted in part
or full, or will a similar system to the ISM be adopted; whereby
changes are able to be made to the plan without resubmission to
DoTaRS provided they can be justified and supported by written
documentation?
13.
Maritime Security Incidents
- The MTSA 2003 Sect
182 states that in relation to reporting Maritime Security Incidents
“The Secretary may publish a notice
in the Gazette setting out either or both of the following:
(a)
Information that must be included in a report required
by this Part
(b)
The way in which the report must be made”
Is this information going
to be published and what form will reporting take?
ANSWER While the
DoTaRS (Office of Transport Security) Maritime Security Information
Paper of 24 June 04 does not give the format of this report it
does state on page 9 that:
“Security
Incidents must also be reported (sections 177 – 181) to the police
and the port operator, port facility operator and the ship operator/Master.”
14.
Security Levels While
it is recognized that contracting governments are responsible for
setting security levels, can a SSO or PFSO raise their own security
level due to a perceived local threat or, do they simply put higher
security level procedures in place while not officially moving to
a higher security level?
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