Document ID: chunk:federal_register_of_legislation:C2007C00185:clause:1_174a
Version: federal_register_of_legislation:C2007C00185
Segment Type: clause
Provision Reference: sch 1 cl 174A
Character Range: 99362–100199

174A  Offshore facility operators

 (1) An offshore facility operator commits an offence if:
 (a) the offshore facility operator becomes aware of a maritime transport or offshore facility security incident; and
 (b) the offshore facility operator fails to report the incident as required by section 179A as soon as possible.

Penalty: 200 penalty units.

 (2) Subsection (1) does not apply in relation to a report that must be made to a particular person if:
 (a) the offshore facility operator believes, on reasonable grounds, that the person is already aware of the incident; or
 (b) the offshore facility operator has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).

 (3) Subsection (1) is an offence of strict liability.