Commonwealth Consolidated Acts

MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 128

Strict liability

  (1)   A person commits an offence if:

  (a)   the person passes through a screening point; and

  (b)   the person has a prohibited item in his or her possession when he or she passes through the screening point; and

  (c)   the person is not:

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

  (ii)   authorised by the regulations, or permitted in writing by the Secretary, to pass through the screening point with the prohibited item in his or her possession.

Penalty:   20 penalty units.

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

General

  (3)   A person commits an offence if:

  (a)   the person passes through a screening point; and

  (b)   the person has a prohibited item in his or her possession when he or she passes through the screening point; and

  (c)   the person is not:

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

  (ii)   authorised by the regulations, or permitted in writing by the Secretary, to pass through the screening point with the prohibited item in his or her possession.

Penalty:   Imprisonment for 2 years.