Commonwealth Consolidated Acts

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

MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 36

Secretary may give security directions to security regulated ships

  (1)   The Secretary may give a security direction to a security regulated ship by giving the direction to:

  (a)   the ship operator for the ship; or

  (b)   the master of the ship.

  (2)   If the Secretary gives a ship operator a direction under subsection   (1), the ship operator must, as soon as practicable, communicate the direction to the master of the ship covered by the direction.

Penalty:   50 penalty units

  (3)   Subsection   (2) does not apply if the ship 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.

  (5)   If a direction is given to a master by a ship operator as mentioned in subsection   (2), the direction is taken to have been given to the master by the Secretary.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback