Document ID: chunk:federal_register_of_legislation:C2024C00454:section:43
Version: federal_register_of_legislation:C2024C00454
Segment Type: section
Provision Reference: s 43
Character Range: 96173–96910

43  Offence—operating without a 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) the participant operates as a participant of that kind; and
 (c) there is not such a plan in force for the participant.
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.