Commonwealth Consolidated Acts

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MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 189

Secretary may make enforcement orders

  (1)   The Secretary may make a written order (an enforcement order ) under this section:

  (a)   prohibiting or restricting specified activities by the maritime industry participant named in the enforcement order; or

  (b)   requiring the maritime industry participant named in the enforcement order to take specified action.

  (2)   The Secretary may only make an enforcement order under this section if he or she reasonably believes that:

  (a)   the maritime industry participant named in the enforcement order has contravened this Act; and

  (b)   it is necessary to make the order to safeguard against unlawful interference with maritime transport or offshore facilities.

  (3)   The enforcement order must:

  (a)   bear a clear and direct relationship to the contravention; and

  (b)   be proportionate to the contravention.

  (4)   The enforcement order must not require the payment of money to the Secretary (or any other person) other than an amount of money that is already recoverable at law.



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