Commonwealth Consolidated Acts

MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 63

  (1)   The ship operator for a regulated Australian ship commits an offence if:

  (a)   the ship is being used for maritime transport; and

  (b)   there is a ship security plan for the ship in force; and

  (c)   the ship is not operated in accordance with the plan.

Penalty:   200 penalty units.

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