Supervision and control of cleared
persons and baggage outside a
cleared zone
Guidance
September 2015
Purpose
The purpose of this guidance paper is to assist maritime industry participants (MIPs) in applying
supervision and control measures. Persons and baggage are taken to be cleared when boarding a
ship if following clearance they are under constant supervision and control measures as prescribed
in the Maritime Transport and Offshore Facilities Security Regulations 2003 (the Regulations).
Background
On 1 February 2013, amendments to the Regulations enabled supervision and control measures
that will maintain the clearance of persons or baggage outside of a cleared zone. The amendments
are additional to the powers in Maritime Transport and Offshore Facilities Security Act 20031 that
provides for persons and baggage to be taken to retain their cleared status if they are subject to
supervision and control measures. This includes escorted persons. The new provision is not
applied to the screening and clearing of vehicles. Vehicles however, may be used to transport
cleared persons or baggage if they are supervised, escorted or continuously monitored.
These amendments provide that supervised persons and baggage need not be in a cleared zone
in order to maintain their cleared status. A cleared zone can be used if it is abutting the screening
point. The size of the cleared zone should be sufficient to adequately screen cleared persons and
carry-on baggage. The Screening Officer will need to take into account operational requirements,
such as screening point equipment requirements, group escort arrangements or baggage loading
facilities.
Regulatory requirements
The purpose of the regulatory amendments is to promote flexible operational arrangements that
maintain the integrity of cleared persons and baggage embarking passenger ships. The
arrangement achieves the same security outcome as a cleared zone. Using supervision and
control security measures can maintain the clearance of persons and baggage by ensuring that
they are kept separate from uncleared persons and things. When using supervision and control
measures, the security measures in place should be similar to those already associated with
establishing and using cleared zones.
These objectives must be reflected when designing and using supervision and control measures in
port operations. Further details on the required supervision and control measures are outlined
below.
The amendments to the Regulations inserts a new provision (7.34) and provides that persons and
baggage that have been screened and cleared remain cleared on a vessel that is not a cleared
vessel or in an area that is not a cleared area if either or both of the following supervision and
control measures are in place:
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Refer to sections 115(4), 116(4) and 119(2)(m) of the Maritime Transport and Offshore Facilities Act 2003.
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Supervision and control of cleared persons and baggage outside a cleared zone
a. the person or baggage is continuously supervised by security personnel while on the vessel
or in the area;
b. the person or baggage is continuously monitored by security personnel through CCTV
while on the vessel or in the area.
In the context of supervision and control measures, security personnel have the same meaning as
that given in regulation 3.120 of the Regulations—‘Other personnel with a security role’. Staff with
a security role must have sufficient security specific knowledge, skills and training to undertake
their required duties. This information must be included in the industry participant’s maritime
security plan.
Industry participants also need to be aware of any potential ‘blind spots’ to ensure cleared persons
and baggage are continuously monitored by security personnel or CCTV. Proposed measures
must be clearly described in their maritime security plan. This is particularly important when
utilising CCTV systems. In addition, CCTV must be continuously monitored by appropriately
trained security personnel and their training records should be available for audit and inspection.
The following are examples of supervision and control measures being used to maintain the
clearance of persons and baggage.
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Persons may be screened and cleared at a screening point and escorted by Maritime
Security Guards or supervised or continuously monitored by CCTV.
Screened and cleared baggage may be stored in a secure facility and supervised by
continuously monitored CCTV equipment to ensure it is not interfered with.
Some port facility operators may need to transit cleared persons and baggage by bus from one
part of the port to another part of the port using continuous supervision and control measures. In
some cases the bus may need to travel outside of the port boundary.
In this previous scenario the following conditions will need to be met:
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Where persons are screened and cleared onto a bus and transported from the screening
point to another location, the bus would need to be swept for weapons and prohibited
items.
Cleared persons would need to be escorted and monitored by Maritime Security Guards or
other security personnel onto and whilst on the bus.
The persons must not, during this period, have contact with uncleared persons and
vehicles.
At all times when persons and their baggage are outside a cleared zone they need to be
under supervision or control.
At all times when the persons are in a maritime security zone subsequent to being
screened and receiving clearance, a person with an MSIC will need to either accompany or
continuously monitor the persons.
Supervision and control of cleared persons and baggage outside a cleared zone
3
Compliance
If a maritime industry participant wants to undertake supervision and control measures these must
be clearly described in their maritime security plan. As part of the plan approval process, the
measures will be assessed against their capability to maintain the clearance of screened persons
and their baggage.
In addition the measures should stipulate the procedures for managing a compromise of the
cleared area, persons or baggage and for re-screening where needed. Rescreening would be
required where cleared passengers have interacted with an uncleared person (i.e. a well-wisher)
prior to boarding.
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Supervision and control of cleared persons and baggage outside a cleared zone