Document ID: chunk:federal_register_of_legislation:C2007C00185:clause:1_36a
Version: federal_register_of_legislation:C2007C00185
Segment Type: clause
Provision Reference: sch 1 cl 36A
Character Range: 39307–40327

36A  Secretary may give security directions to ships regulated as offshore facilities

 (1) The Secretary may give a security direction to a ship regulated as an offshore facility by giving the direction to:
 (a) the offshore facility operator for the ship; or
 (b) the master of the ship.

 (2) If the Secretary gives an offshore facility operator a direction under subsection (1), the offshore facility operator must, as soon as practicable, communicate the direction to the master of the ship covered by the direction.

Penalty: 50 penalty units.

 (3) Subsection (2) does not apply if the offshore facility operator has a reasonable excuse.

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 (2) is an offence of strict liability.

 (5) If a direction is given to a master by an offshore facility operator as mentioned in subsection (2), the direction is taken to have been given to the master by the Secretary.