Document ID: chunk:federal_register_of_legislation:C2024C00454:section:39
Version: federal_register_of_legislation:C2024C00454
Segment Type: section
Provision Reference: s 39
Character Range: 92940–93938

39  Failure to comply with security directions
 (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.