Commonwealth Consolidated Acts

MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 163A

Power to require production of ID

  (1)   A maritime security guard may request any person found in a maritime security zone to produce identification.

  (2)   A person commits an offence if:

  (a)   a maritime security guard has made a request to the person under subsection   (1); and

  (b)   the guard has identified himself or herself as a maritime security guard to the person; and

  (c)   the guard has informed the person of the guard's authority to make the request; and

  (d)   the guard has informed the person that it may be an offence not to comply with the request; and

  (e)   the person fails to comply with the request.

Penalty:   20 penalty units.

  (3)   Subsection   (2) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3) (see subsection   13.3(3) of the Criminal Code ).

Power to require persons to state reason for being in zone

  (4)   If:

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

  (b)   a maritime security guard believes, on reasonable grounds, that the person is not:

  (i)   a maritime security inspector; or

  (ii)   a duly authorised officer; or

  (iii)   a law enforcement officer; or

  (iv)   a member of the Australian Defence Force; or

  (v)   a person who is authorised by a law of the Commonwealth, State or Territory to enter a maritime security zone; or

  (vi)   a person of a kind prescribed in the regulations for the purposes of this subparagraph;

the maritime security guard may request the person to state his or her reason for being in the zone.

  (5)   A person commits an offence if:

  (a)   a request has been made to the person under subsection   (4); and

  (b)   the guard has identified himself or herself as a maritime security guard to the person; and

  (c)   the guard has informed the person of the guard's authority to make the request; and

  (d)   the guard has informed the person that it may be an offence not to comply with the request; and

  (e)   the person fails to comply with the request.

Penalty:   20 penalty units.

  (6)   Subsection   (5) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (6) (see subsection   13.3(3) of the Criminal Code ).