(1) The master of a security regulated ship or a ship regulated as an offshore facility commits an offence if:
(a) the master becomes aware of a maritime transport or offshore facility security incident; and
(b) the master fails to report the incident as required by section 178 as soon as possible.
(2) Subsection (1) does not apply in relation to a report that must be made to a particular person if:
(a) the master believes, on reasonable grounds, that the person is already aware of the incident; or
(b) the master has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
(3) Subsection (1) is an offence of strict liability.