Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 31

Notifying revocations

Secretary must notify of revocations

  (1)   If:

  (a)   the Secretary has notified a person under section   27, 28, 28A, 29 or 30 that a maritime security level is in force; and

  (b)   the Secretary revokes the declaration concerned;

the Secretary must, as soon as practicable, notify the person of the revocation.

When port operators must then notify others

  (2)   If:

  (a)   a port operator has notified a person under subsection   27(2) that a maritime security level is in force; and

  (b)   the Secretary revokes the declaration concerned;

the port operator must, as soon as practicable, notify the person of the revocation.

Penalty:   10 penalty units

  (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.

When offshore facility operators must then notify others

  (5)   If:

  (a)   an offshore facility operator has notified a person under subsection   28A(2) that a maritime security level is in force; and

  (b)   the Secretary revokes the declaration concerned;

the offshore facility operator must, as soon as practicable, notify the person of the revocation.

Penalty:   10 penalty units.

  (6)   Subsection   (5) does not apply if the offshore facility operator has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (6) (see subsection   13.3(3) of the Criminal Code ).

  (7)   Subsection   (5) is an offence of strict liability.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback