Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a maritime security guard reasonably suspects that a person is within a maritime security zone without proper authorisation, the guard may request the person to leave the zone.
(2) A person commits an offence if:
(a) a request has been made 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.
(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 ).
(4) Subsection (2) is an offence of strict liability.