(1) An aviation industry participant commits an offence if:
(a) there is a transport security program for the participant in force; and
(b) the participant fails to comply with the program.
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.