Commonwealth Consolidated Acts

MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 127

Strict liability

  (1)   A person commits an offence if:

  (a)   the person is in a maritime security zone; and

  (b)   the maritime security zone is of a kind prescribed in the regulations for the purposes of this paragraph; and

  (c)   the person has a prohibited item in his or her possession; and

  (d)   the person is not:

  (i)   a law enforcement officer, a maritime security guard or a maritime security inspector; or

  (ii)   a member of the Australian Defence Force who is on duty; or

  (iii)   authorised by the regulations, or permitted in writing by the Secretary, to have the prohibited item in his or her possession in the maritime security zone.

Penalty:   20 penalty units.

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

General

  (3)   A person commits an offence if:

  (a)   the person is in a maritime security zone; and

  (b)   the maritime security zone is of a kind prescribed in the regulations for the purposes of this paragraph; and

  (c)   the person has a prohibited item in his or her possession; and

  (d)   the person is not:

  (i)   a law enforcement officer, a maritime security guard or a maritime security inspector; or

  (ii)   a member of the Australian Defence Force who is on duty; or

  (iii)   authorised by the regulations, or permitted in writing by the Secretary, to have the prohibited item in his or her possession in the maritime security zone.

Penalty:   Imprisonment for 2 years.