Commonwealth Consolidated Acts

MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 87

  (1)   The master of a regulated Australian ship commits an offence if:

  (a)   the master makes a statement (whether orally, in a document or in any other way); and

  (b)   the master does so knowing that the statement:

  (i)   is false or misleading; or

  (ii)   omits any matter or thing without which the statement is misleading; and

  (c)   the statement is made in connection with whether an ISSC or interim ISSC is in force for the ship; and

  (d)   any of the following subparagraphs applies:

  (i)   the statement is made to a maritime industry participant;

  (ii)   the statement is made to a person who is authorised by a Contracting state to the SOLAS Convention to request information about, or in connection with, whether a valid ISSC or interim ISSC is in force for the ship;

  (iii)   the statement is made to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;

  (iv)   the statement is made in compliance or purported compliance with a law of the Commonwealth.

Penalty:   50 penalty units.

  (2)   Absolute liability applies to each of the subparagraph   (1)(d)(i), (ii), (iii) and (iv) elements of the offence.

  (3)   Subsection   (1) does not apply as a result of subparagraph   (1)(b)(i) if the statement is not false or misleading in a material particular.

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   (1) does not apply as a result of subparagraph   (1)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (4) (see subsection   13.3(3) of the Criminal Code ).