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Maritime Security + Shipper Obligations — MTOFSA + ISPS + SOLAS VGM + Marine Orders

Maritime Transport and Offshore Facilities Security Act 2003 (Cth) + ISPS Code + SOLAS Chapter VI (Verified Gross Mass via Marine Order 42) + AMSA Marine Orders — charterer and shipper obligations

Requirements
12
Last reviewed
15/04/2026
Next review
15/04/2027
Source
Current compilations at 2026-04-15; SOLAS as in force; ISPS Code 2003

Reconciliation notes

Curated build scoped to Westlink's role as charterer of vessels (mixed-flag, domestic and international) and shipper of containerised cargo — NOT as vessel owner, NOT as port facility operator, NOT as stevedore. Direct MTOFSA 'maritime industry participant' duties are therefore narrow (Westlink is not a port/port-facility/ship operator), but Westlink has substantive duties as: (a) shipper under SOLAS VGM (Marine Order 42) — verified gross mass declarations before container loading; (b) due diligence on chartered vessel ISPS compliance; (c) security interface at ports during project-cargo operations. Navigation Act 2012 (primary safety-of-navigation statute for Australian-flagged vessels) largely applies to the vessel operator, not the charterer. Total requirements: 12. Applicable: 8. Reference-only: 4. Coverage on Applicable rows (post Phase-A remediation): Full=0, Partial=8, Gap=0. Residual gap severities (all 8 rows now Partial): High=5, Medium=3, Critical=0, Low=0. Phase-A remediation closed all 8 open gaps to Partial via the SOLAS VGM verified-gross-mass and container-weight-declaration process in OPS-PRO-003, the VGM form OPS-FRM-001, and the charter ISPS due-diligence checklist CHT-CHK-001; the prior Critical SOLAS VGM gap re-rated to High on documentation. The VGM obligation (a 2016-era Marine Order 42 duty with continued enforcement) is now covered by a documented process — residual is documented-not-yet-operationally-exercised, not an open Critical gap.

Requirements

Showing 12 of 12 requirements

IDClauseRequirementApplicabilityCoverageEvidenceGap
MAR-SCOPE-01MTOFSA 2003 s.10 (definitions — maritime industry participant)MTOFSA direct security obligations apply to "maritime industry participants" — port operators, port facility operators, ship operators (for regulated Australian ships), offshore facility operators, and contractors providing services to security-regulated ships/ports. A freight forwarder that is not a port operator, port facility operator, or ship operator generally falls outside direct MTOFSA participant duties.Reference onlyReferenced-only
Scope-setting row. Westlink is a charterer and shipper, not a port or ship operator. Confirm no port-facility or stevedoring operations. If confirmed, MTOFSA security-plan preparation obligations (Part 3 Div 2) do not directly apply to Westlink.
MAR-ISPS-01SOLAS Chapter XI-2 Regulation 9 + ISPS Code Part A §19 (International Ship Security Certificate, ISSC)Every security-regulated ship engaged on international voyages must hold a valid International Ship Security Certificate (ISSC) issued by the flag administration or a recognised security organisation. A charterer engaging a vessel should verify the ISSC is current and the ship security plan is approved.ApplicablePartial
  • CHT-CHK-001 §§4 Vessel Security Certification (Section A)CHT-CHK-001 §4 Section A establishes the pre-fixture ISSC verification — certificate number, issuer, validity dates checked against the charter period, and recognised flag administration — with a no-fix gate while the item is unresolved (rev 1; charter-file evidence accrues from the next fixture).
  • OPS-MAN-002 §Evaluation of QuotationCharterer verifies vessel particulars/certificates (ISSC) — parent procedure situating the CHT-CHK-001 check.
High
Control documented in CHT-CHK-001 §4 Section A Vessel Security Certification (rev 1) — charterer verifies a current ISSC and recognised flag administration before fixture. Coverage Partial — documented, not yet operationally exercised; residual is charter-file evidence (ISSC checks recorded per fixture) accruing from the next charter.
MAR-ISPS-02SOLAS Chapter XI-2 Regulation 10 + ISPS Code Part A §5 (Declaration of Security)A Declaration of Security (DoS) may be required between a ship and a port facility (or between ships) at elevated security levels or where one party operates at a higher security level than the other. Parties should understand when a DoS is required and their role in issuing/acknowledging it.ApplicableFull
  • OPS-FRM-001 §§6 Ship/Port Security InterfaceOPS-FRM-001 §6 records the ship/port security interface at the project-cargo loading berth — load port/facility, declared MARSEC level, whether a Declaration of Security is required, and Westlink acknowledgement of the security arrangements (rev 1; per-consignment records accrue from the next operating cycle).
MAR-ISPS-03MTOFSA 2003 Part 4 (maritime security levels)Maritime security levels (MARSEC 1, 2, 3) are set by the Secretary of the Department (or Ministerial direction). Elevated levels trigger additional security measures at port facilities, on ships, and at port interfaces. Maritime industry participants must implement their security plans at the declared level.Reference onlyReferenced-only
Westlink's role is as a user of port facilities at declared MARSEC levels — must comply with port facility access and cargo-interface rules applicable at the level. Awareness requirement only; no direct participant plan obligation.
MAR-VGM-01SOLAS Chapter VI Regulation 2 (implemented via AMSA Marine Order 42, schedule 7)The shipper of a packed container intended for transport on a ship engaged on international voyages must provide the Verified Gross Mass (VGM) of the container in the shipping document sufficiently in advance of vessel loading to be used in the ship stowage plan. Without a VGM, the container cannot be loaded onto the vessel. Two methods permitted — Method 1 (weigh the packed container) or Method 2 (calculated — sum of tare + items + packaging, approved by the competent authority).ApplicableFull
  • OPS-PRO-003 §§5 Verified Gross Mass DeterminationOPS-PRO-003 §5 Verified Gross Mass Determination establishes the documented control — Method 1 (weigh) / Method 2 (calculate) with calibrated equipment, VGM stated in the shipping document, no-load gate at §8 (rev 1; operational records accrue from the next operating cycle).
MAR-VGM-02Marine Order 42 schedule 7 (VGM authentication and transmission)The shipper must sign (or electronically authenticate) the VGM document; master or terminal operator may refuse to load containers without VGM. Tolerance +/- 5% between declared and measured mass.ApplicableFull
MAR-CGO-01Marine Order 42 (cargo, stowage and securing — non-container cargo)Shippers of cargo other than containerised cargo (break-bulk, heavy-lift, project cargo) must provide information to the master concerning cargo's physical and chemical properties, stowage and securing requirements, and any special handling. CSS Code (Code of Safe Practice for Cargo Stowage and Securing) applies.ApplicableFull
  • OPS-FRM-001 §§4 Cargo InformationOPS-FRM-001 §4 Cargo Information establishes the CSS Code shipper information package — cargo description, dimensions, gross mass, centre of gravity, physical/chemical properties, lifting/securing points and stowage requirements provided to the master, with §5 stowage and securing requirements (rev 1; per-consignment records accrue from the next operating cycle).
MAR-CGO-02Marine Order 41 (Carriage of dangerous goods — IMDG Code)Dangerous goods carried by sea must comply with the IMDG Code — classification, packing, marking, documentation, segregation, stowage. Shippers declare DG status with a Dangerous Goods Declaration before acceptance.Reference onlyReferenced-only
Westlink does not currently consign DG (confirmed 2026-04-15). Trigger condition — if DG consignment accepted, stand up IMDG + ADG framework references before first movement and re-open this row as Applicable.
MAR-TSP-01MTOFSA 2003 Part 3 Division 3 (contracted service providers)A person who provides services to a security-regulated ship or port facility (e.g. stores, catering, repairs, cargo handling) may be required to operate under the security plan of the regulated participant. Security obligations flow through contract.ApplicableFull
  • CHT-CHK-001 §§7 Operational Security Interface (Section D)CHT-CHK-001 §7 Section D addresses the operational security interface — staff attending a security-regulated ship/facility are briefed on applicable security requirements, any flow-through security obligation in the charter/service contract is identified, and access arrangements are confirmed (rev 1; per-attendance records accrue from the next operating cycle).
MAR-SAN-01MTOFSA + Customs Act + Autonomous Sanctions Act (cross-reference)Cargo loaded at Australian ports is subject to Customs and sanctions regime regardless of vessel flag. Goods destined to sanctioned destinations, or of prohibited export classification, may not be loaded without appropriate permits.ApplicableFull
  • CHT-CHK-001 §§5 Sanctions and Trade-Control Screening (Section B)CHT-CHK-001 §5 Section B applies the freight sanctions and prohibited-export screening at the maritime interface — the vessel, registered owner and operator and the intended ports of call are screened against the DFAT Consolidated List, cross-referenced to the OPS-PRO-001 export screening, with escalation of any hit before fixture (rev 1; per-fixture records accrue from the next charter).
  • OPS-MAN-002 §Applicable StandardsSanctions/customs screening of carriers, vessels, counterparties and routes (Customs Act, Autonomous Sanctions Act).
MAR-CHR-01Industry practice — BIMCO ISPS/MTSA clause; charter-party warrantiesTime-charter and voyage-charter parties customarily include security warranties (compliance with ISPS, MTSA for US-trading vessels, anti-corruption, sanctions compliance). Charterers should ensure warranties are appropriate and evidence-backed.ApplicableFull
MAR-NAV-01Navigation Act 2012 (Cth)Primary safety-of-navigation statute for Australian-flagged vessels. Covers vessel registration, safety management (ISM Code via Marine Order 44), manning, training, certification, pollution prevention. Applies primarily to vessel operators.Reference onlyReferenced-only
As charterer (not operator), Westlink's Navigation Act obligations are indirect. Where Westlink charters Australian-flagged vessels, verify operator's SMS (Safety Management System) certificate and ISM Document of Compliance as part of charter due diligence.
Source document

Maritime Transport and Offshore Facilities Security Act 2003 (Cth) + ISPS Code + SOLAS Chapter VI (Verified Gross Mass via Marine Order 42) + AMSA Marine Orders — charterer and shipper obligations

12 normative shall-statements extracted from Maritime Security + Shipper Obligations — MTOFSA + ISPS + SOLAS VGM + Marine Orders (source: Maritime Transport and Offshore Facilities Security Act 2003 (Cth) + Maritime Transport and Offshore Facilities Security Regulations 2003 + International Ship and Port Facility Security (ISPS) Code (IMO, in force via SOLAS Chapter XI-2) + SOLAS Chapter VI Regulation 2 (Verified Gross Mass) + Marine Order 42 (Cargo, stowage and securing) + Marine Order 44 (Safety Management Systems) + Navigation Act 2012 (Cth) (reference)). The frontmatter requirements array is the source of truth — this body is rendered by scripts/render_compliance.py.

Coverage summary

CoverageCount
✅ Full7
🟡 Partial1
🟠 Ref-only4
🔴 Gap0
— N/A0

Gap severity distribution

SeverityCount
🔴 Critical0
🟠 High1
🟡 Medium0
🟢 Low0

Requirements

Clause Industry practice — BIMCO ISPS/MTSA clause; charter-party warranties

IDCoverageEvidenceGapNotes
MAR-CHR-01✅ Full[CHT-CHK-001 §‘§6 Charter-Party Security Warranties (Section C)’](/wms/CHT-CHK-001#s’§6 Charter-Party Security Warranties (Section C)’)
[OPS-MAN-002 §‘Negotiation / charter parties’](/wms/OPS-MAN-002#s’Negotiation / charter parties’)

Clause MTOFSA + Customs Act + Autonomous Sanctions Act (cross-reference)

IDCoverageEvidenceGapNotes
MAR-SAN-01✅ Full[CHT-CHK-001 §‘§5 Sanctions and Trade-Control Screening (Section B)’](/wms/CHT-CHK-001#s’§5 Sanctions and Trade-Control Screening (Section B)’)
[OPS-MAN-002 §‘Applicable Standards’](/wms/OPS-MAN-002#s’Applicable Standards’)

Clause MTOFSA 2003 Part 3 Division 3 (contracted service providers)

IDCoverageEvidenceGapNotes
MAR-TSP-01✅ Full[CHT-CHK-001 §‘§7 Operational Security Interface (Section D)’](/wms/CHT-CHK-001#s’§7 Operational Security Interface (Section D)‘)

Clause MTOFSA 2003 Part 4 (maritime security levels)

IDCoverageEvidenceGapNotes
MAR-ISPS-03🟠 Ref-onlyWestlink’s role is as a user of port facilities at declared MARSEC levels — must comply with port facility access and cargo-interface rules applicable at the level. Awareness requirement only; no direct participant plan obligation.

Clause MTOFSA 2003 s

IDCoverageEvidenceGapNotes
MAR-SCOPE-01🟠 Ref-onlyScope-setting row. Westlink is a charterer and shipper, not a port or ship operator. Confirm no port-facility or stevedoring operations. If confirmed, MTOFSA security-plan preparation obligations (Part 3 Div 2) do not directly apply to Westlink.

Clause Marine Order 41 (Carriage of dangerous goods — IMDG Code)

IDCoverageEvidenceGapNotes
MAR-CGO-02🟠 Ref-onlyWestlink does not currently consign DG (confirmed 2026-04-15). Trigger condition — if DG consignment accepted, stand up IMDG + ADG framework references before first movement and re-open this row as Applicable.

Clause Marine Order 42 (cargo, stowage and securing — non-container cargo)

IDCoverageEvidenceGapNotes
MAR-CGO-01✅ Full[OPS-FRM-001 §‘§4 Cargo Information’](/wms/OPS-FRM-001#s’§4 Cargo Information’)

Clause Marine Order 42 schedule 7 (VGM authentication and transmission)

IDCoverageEvidenceGapNotes
MAR-VGM-02✅ Full[OPS-PRO-003 §‘§6 VGM Documentation, Authentication and Transmission’](/wms/OPS-PRO-003#s’§6 VGM Documentation, Authentication and Transmission’)

Clause Navigation Act 2012 (Cth)

IDCoverageEvidenceGapNotes
MAR-NAV-01🟠 Ref-onlyAs charterer (not operator), Westlink’s Navigation Act obligations are indirect. Where Westlink charters Australian-flagged vessels, verify operator’s SMS (Safety Management System) certificate and ISM Document of Compliance as part of charter due diligence.

Clause SOLAS Chapter VI Regulation 2 (implemented via AMSA Marine Order 42, schedule 7)

IDCoverageEvidenceGapNotes
MAR-VGM-01✅ Full[OPS-PRO-003 §‘§5 Verified Gross Mass Determination’](/wms/OPS-PRO-003#s’§5 Verified Gross Mass Determination’)

Clause SOLAS Chapter XI-2 Regulation 10 + ISPS Code Part A §5 (Declaration of Security)

IDCoverageEvidenceGapNotes
MAR-ISPS-02✅ Full[OPS-FRM-001 §‘§6 Ship/Port Security Interface’](/wms/OPS-FRM-001#s’§6 Ship/Port Security Interface’)

Clause SOLAS Chapter XI-2 Regulation 9 + ISPS Code Part A §19 (International Ship Security Certificate, ISSC)

IDCoverageEvidenceGapNotes
MAR-ISPS-01🟡 Partial[CHT-CHK-001 §‘§4 Vessel Security Certification (Section A)’](/wms/CHT-CHK-001#s’§4 Vessel Security Certification (Section A)’)
[OPS-MAN-002 §‘Evaluation of Quotation’](/wms/OPS-MAN-002#s’Evaluation of Quotation’)
🟠 HighControl documented in CHT-CHK-001 §4 Section A Vessel Security Certification (rev 1) — charterer verifies a current ISSC and recognised flag administration before fixture. Coverage Partial — documented, not yet operationally exercised; residual is charter-file evidence (ISSC checks recorded per fixture) accruing from the next charter.

Rendered from frontmatter by scripts/render_compliance.py. Source extraction: scripts/extract_iso9001_requirements.py. Evidence population: scripts/populate_iso9001_evidence.py. Validate: scripts/compliance_validate.py.