Commonwealth Consolidated Acts

MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 174

  (1)   A port facility operator commits an offence if:

  (a)   the port facility operator becomes aware of a maritime transport or offshore facility security incident; and

  (b)   the port facility operator fails to report the incident as required by section   180 as soon as possible.

Penalty:   200 penalty units.

  (2)   Subsection   (1) does not apply in relation to a report that must be made to a particular person if:

  (a)   the port facility operator believes, on reasonable grounds, that the person is already aware of the incident; or

  (b)   the port facility operator 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.