Commonwealth Consolidated Acts

AVIATION TRANSPORT SECURITY ACT 2004 - SECT 13

  (1)   An aviation industry participant commits an offence if:

  (a)   the participant is required under section   12 to have a transport security program; and

  (b)   the participant operates as a participant of that kind; and

  (c)   there is not such a program in force for the participant.

Penalty:   For an airport operator or an aircraft operator--200 penalty units.

  For an aviation industry participant, other than an airport operator or an aircraft operator--100 penalty units.

  (2)   Subsection   (1) does not apply if the participant has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2) (see subsection   13.3(3) of the Criminal Code ).

  (3)   Subsection   (1) is an offence of strict liability.