Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the Secretary declares that a maritime security level is in force for a security regulated port, the Secretary must, as soon as practicable, notify:
(a) the port operator; and
(b) each maritime industry participant who is required to have a maritime security plan and who:
(i) controls an area within the boundaries of the security regulated port; or
(ii) operates within the boundaries of the security regulated port; and
(c) each offshore industry participant who is required to have an offshore security plan and who operates within the boundaries of the security regulated port.
(2) If the Secretary gives a port operator notice of a declaration under subsection (1), the port operator must, as soon as practicable, give notice of the declaration to:
(a) every maritime industry participant who is covered by the port operator's maritime security plan and who:
(i) controls an area within the boundaries of the security regulated port; or
(ii) operates within the boundaries of the security regulated port; and
(b) the master of every security regulated ship that is within the port or about to enter the port.
(3) Subsection (2) does not apply if the port operator has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).
(4) Subsection (2) is an offence of strict liability.