Commonwealth Consolidated Acts

MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 44

  (1)   A maritime industry participant commits an offence if:

  (a)   the participant is required under section   42 to have a maritime security plan; and

  (b)   there is such a plan for the participant in force; and

  (c)   the participant fails to comply with the plan.

Penalty:   For a port operator or port facility operator--200 penalty units.

  For any other maritime industry participant--100 penalty units.

  (2)   Subsection   (1) does not apply if the participant 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.