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MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 17D

Persons travelling on non - regulated foreign ships

  (1)   This section applies to a person travelling (whether as a passenger or crew) on a foreign ship that is neither a regulated foreign ship, nor a foreign ship regulated as an offshore facility.

  (2)   No offence is committed by the person under this Act unless, at the time of the alleged offence:

  (a)   the person is involved in some activity in relation to a security regulated offshore facility; or

  (b)   the ship is involved in some activity in relation to a security regulated offshore facility, or is in Australian waters.

  (3)   No enforcement action may be taken against the person unless, at the time of the alleged incident giving rise to the enforcement action:

  (a)   the person is involved in some activity in relation to a security regulated offshore facility; or

  (b)   the ship is involved in some activity in relation to a security regulated offshore facility, or is in Australian waters.

  (4)   In this Act, an enforcement action includes:

  (a)   action by a maritime security inspector, a duly authorised officer, a law enforcement officer, a maritime security guard or a screening officer under Part   8; and

  (b)   issuing an infringement notice under regulations made under section   187; and

  (c)   making an enforcement order under Division   3 of Part   11; and

  (d)   granting an injunction under Division   5 of Part   11.



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