Document ID: chunk:federal_register_of_legislation:C2024C00454:section:44
Version: federal_register_of_legislation:C2024C00454
Segment Type: section
Provision Reference: s 44
Character Range: 96910–97676

44  Offence—failing to comply with maritime security plan
 (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.

Division 3—Complying with other plans