Commonwealth Consolidated Acts

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MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 133

Other prohibited items requirements

  (1)   The regulations may, for the purposes of safeguarding against unlawful interference with maritime transport or offshore facilities, prescribe requirements in relation to the carriage and use of prohibited items in a maritime security zone, on board a regulated Australian ship or on board a ship regulated as an offshore facility.

  (2)   The following matters may be dealt with by regulations made under subsection   (1):

  (a)   authorising the carriage of prohibited items in a maritime security zone, on board a regulated Australian ship or on board a ship regulated as an offshore facility;

  (b)   dealing with a person in a maritime security zone, on board a regulated Australian ship or on board a ship regulated as an offshore facility who carries or uses a prohibited item, or is suspected of carrying or using a prohibited item, unlawfully;

  (c)   dealing with a prohibited item surrendered by a person in a maritime security zone, on board a regulated Australian ship or on board a ship regulated as an offshore facility.

  (3)   Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:

  (a)   for an offence committed by a port operator, ship operator, port facility operator or offshore facility operator--200 penalty units; or

  (b)   for an offence committed by a maritime industry participant, other than a participant covered by paragraph   (a)--100 penalty units; or

  (c)   for an offence committed by any other person--50 penalty units.

Note:   If a body corporate is convicted of an offence against regulations made under this section, subsection   4B(3) of the Crimes Act 1914 allows a court to impose fines of up to 5 times the penalties stated above.



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