Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person (including a person to whom a security direction to a ship is given under section 36 or 36A) commits an offence if:
(a) a security direction is given to, or communicated to, the person; and
(b) the direction is in force; and
(c) the person fails to comply with the direction; and
(d) the failure is not a failure to comply with confidentiality requirements.
Penalty: For a port operator, ship operator, port facility operator or offshore facility operator--200 penalty units.
For a maritime industry participant other than a port operator, ship operator, port facility operator or offshore facility operator--100 penalty units.
For any other person--50 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
(3) Subsection (1) is an offence of strict liability.