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MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 176

Employees

  (1)   An employee of a maritime industry participant commits an offence if:

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

  (b)   the employee fails to report the incident to the maritime industry participant as soon as possible.

Penalty:   50 penalty units.

  (2)   Subsection   (1) does not apply if the employee has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2) (see subsection   13.3(3) of the Criminal Code ).

  (3)   Subsection   (1) is an offence of strict liability.



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