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MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 131

Failure to comply with conditions

  (1)   A person commits an offence if:

  (a)   the person is in a maritime security zone, on board a regulated Australian ship or on board a ship regulated as an offshore facility; and

  (b)   the person is authorised or permitted to have a prohibited item in his or her possession or under his or her control; and

  (c)   the person fails to comply with any conditions relating to the authorisation or permission.

Penalty:   50 penalty units.

  (2)   Subsection   (1) does not apply if the person 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.



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