Commonwealth Consolidated Acts

MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 35

Persons to whom Secretary may give security directions

  (1)   A security direction may be given by the Secretary to one or more of the following:

  (a)   a maritime industry participant or an employee of a maritime industry participant;

  (b)   passengers;

  (c)   persons, other than persons mentioned in paragraphs   (a) and (b), who are within the boundaries of a security regulated port;

  (d)   persons, other than persons mentioned in paragraphs   (a) and (b), who are within the boundaries of a security regulated offshore facility.

  (2)   For the purposes of giving a security direction to persons mentioned in paragraph   (1)(b), (c) or (d), the Secretary is taken to have given a direction to the persons if the direction is clearly displayed at a place where the direction is to be complied with by those persons.

Port operator may be required to communicate security directions

  (3)   The Secretary may, in a security direction given to the port operator for a security regulated port, require the port operator to communicate all or a part of the direction to specified maritime industry participants who operate within the port.

  (4)   If the Secretary gives a port operator a direction under subsection   (1) that requires the port operator to communicate all or a part of the direction to specified maritime industry participants who operate within the port, the port operator must, as soon as practicable, communicate the direction, or the part of the direction, to the specified maritime industry participants.

Penalty:   50 penalty units

  (5)   Subsection   (4) 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   (5) (see subsection   13.3(3) of the Criminal Code ).

  (6)   Subsection   (4) is an offence of strict liability.

  (7)   If a direction is given to a maritime industry participant by a port operator as mentioned in subsection   (3), the direction is taken to have been given to the participant by the Secretary.

Offshore facility operator may be required to communicate security directions

  (8)   The Secretary may, in a security direction given to the offshore facility operator for a security regulated offshore facility, require the operator to communicate all or a part of the direction to specified maritime industry participants:

  (a)   who are on board a security regulated ship that is in the vicinity of the facility and that is engaged in any activity in relation to the facility; or

  (b)   who operate within the facility.

  (9)   If the Secretary gives an offshore facility operator a direction under subsection   (8) that requires the operator to communicate all or a part of the direction to specified maritime industry participants, the operator must, as soon as practicable, communicate the direction, or the part of the direction, to the specified maritime industry participants.

Penalty:   50 penalty units.

  (10)   Subsection   (9) 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   (10) (see subsection   13.3(3) of the Criminal Code ).

  (11)   Subsection   (9) is an offence of strict liability.

  (12)   If a direction is given to a maritime industry participant by an offshore facility operator as mentioned in subsection   (8), the direction is taken to have been given to the participant by the Secretary.