Commonwealth Consolidated Acts

MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 98

Masters of ships

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

  (a)   the master is notified by the Secretary or a port operator that maritime security level 2 or 3 is in force for the ship; and

  (b)   the master fails to acknowledge the notification to the Secretary.

Penalty:   25 penalty units.

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

  (a)   the master is notified by an offshore facility operator that maritime security level 2 or 3 is in force for the facility; and

  (b)   section   24A applies to the ship so that the maritime security level in force for the facility is also in force for the ship; and

  (c)   the master fails to acknowledge the notification to the Secretary.

Penalty:   25 penalty units.

  (2)   The master of a regulated foreign ship commits an offence if:

  (a)   the master is given:

  (i)   a security direction by the Secretary that relates to the operations of the ship; or

  (ii)   a control direction that relates to the ship; and

  (b)   the master fails to acknowledge the direction to the Secretary.

Penalty:   25 penalty units.

Ship operators

  (3)   The ship operator for a regulated foreign ship commits an offence if:

  (a)   the ship operator is notified by the Secretary that maritime security level 2 or 3 is in force for the ship; and

  (b)   the ship operator fails to acknowledge the notification to the Secretary.

Penalty:   100 penalty units.

  (4)   The ship operator for a regulated foreign ship commits an offence if:

  (a)   the ship operator is given:

  (i)   a security direction by the Secretary that relates to the operations of the ship; or

  (ii)   a control direction that relates to the ship; and

  (b)   the ship operator fails to acknowledge the direction to the Secretary.

Penalty:   100 penalty units.

  (5)   Subsections   (1) to (4) are offences of strict liability.