Contents

Contents 2

Introduction 3

Disclaimer 3

Purpose 3

Variations 4

When should I submit a variation? 4

What should I include with my variation proposal? 4

Current and accurate contact details may be provided at any time 4

Will a variation affect the life span of my plan? 5

Revisions 6

When should I submit a revision? 6

What should I include with my revision proposal? 6

Will a revision affect the life span of my plan? 6

Discretionary considerations 6

Contact details 8

Introduction

Disclaimer

This paper is intended as guidance material only and should not be considered a substitute for reading the relevant provisions within the Act relating to variations and revisions.

For variations please refer to sections:

·  52A Participants may submit variations to maritime security plans

·  71A Ship operator may submit variations to ship security plans

·  100LA Offshore industry participants may submit variations to offshore security plans

And for revisions, sections:

·  54 Participants may revise maritime security plans

·  73 Ship operator may revise ship security plans

·  100N Participants may revise offshore security plans

Purpose

Under the Maritime Transport and Offshore Facilities Security Act 2003 (the Act) an industry participant can submit changes to an existing maritime, ship or offshore security plan as a variation or a revision. This paper provides guidance for industry participants on what types of changes should be submitted as variations and what types should be submitted as revisions.

This paper is not intended to be a summary of the specific legislative requirements for submitting variations and revisions under the Act. Industry participants should in all circumstances refer to the Act before making any submissions (relevant sections are listed at the end of the paper).

Variations

When should I submit a variation?

A minor change to a security plan should be submitted as a variation. To determine whether a change is minor, industry participants should refer to the effect the proposed change will have on the security risk assessment for their operation. In most cases, if the proposed change does not affect the security risk assessment then it can be submitted as a variation.

Each time a variation to a security plan is submitted the relevant security risk assessment must be reviewed to ensure that it is still an accurate risk assessment on which to base the security plan. Industry participants must set out the following statement in their Variation submissions:

I have reviewed the security risk assessment for <operation name> with regard to this/these> proposed change/changes and am satisfied that the maritime/ship/offshore security plan as varied:

·  still accurately reflects the security assessment for my operation; and

·  will continue to adequately address the relevant legislative requirements.

Beyond the changes identified, I have not altered any other part of this security plan.

What should I include with my variation proposal?

The following documents should be included with a variation proposal:

·  a written request to the Secretary including the above declaration (suggested templates are available at www.infrastructure.gov.au); and

·  all information and attachments detailing the variation proposed.

Current and accurate contact details may be provided at any time

There is no need to submit a request to vary a maritime security plan to advise changes to contact details. It is incumbent on the industry participant to provide current and accurate contact details in an accompanying document as they become known.

Will a variation affect the life span of my plan?

No. An approved variation to an existing security plan that is in force will not affect its 5 year life span.

In some instances proposed changes to a security plan may not affect a security assessment but the number of changes proposed may necessitate the revision of a security plan.

Revisions

When should I submit a revision?

A change which will have a major impact on a security plan should be submitted as a revision. To determine whether a change is major, industry participants should refer to the effect the proposed change will have on the security risk assessment for the operation. If the proposed change affects the security risk assessment (and it is therefore no longer an accurate risk assessment on which to base the security plan) then the change must be submitted as a revision.

·  A revised security risk assessment must be included with all revision submissions. The submission should include the following declaration:

·  I am satisfied the <maritime/ship/offshore> security plan, as revised, will continue to adequately address the relevant legislative requirements.

What should I include with my revision proposal?

The following documents should be included with a revision proposal:

·  a written request to the Secretary including above declaration (suggested templates are available at www.infrastructure.gov.au);

·  the complete security plan, including all attachments and maps of security zones; and

·  a revised security risk assessment.

For revisions of ship security plans, the revision submission should also include:

·  ship details supplied as an accompanying sheet; and

·  a request for the issue of an ISSC.

Will a revision affect the life span of my plan?

Yes. A revised plan is in effect a new plan and will have a period of validity of 5 years from the date of approval.

Discretionary considerations

The above guidelines are not exhaustive; they are intended to provide guidance in the majority of situations where an industry participant proposes to amend a maritime security plan. As with any guidelines, there will always be exceptions which will be considered by the Office of Transport Security (OTS) on a case by case basis. The ultimate decision for accepting a change as a variation or a revision rests with the Department.

/ Part 3, Division 4 for maritime security plans
Part 4 Division 4 for ship security plans
Part 5A Division 4 for offshore security plans

Contact details

Any queries should initially be directed to your local state office:

NSW / 02 - 8344 3105
SA / 08 - 8110 2264
VIC / 03 - 8608 3300
NT / 08 - 8923 1209
WA / 08 - 9225 1458
QLD / 07 - 3838 9987
OTS Central Office / 02 - 6274 7111

Guidance on Security Plan Variations and Revisions, Version 2, August 2015 3