Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An aviation industry participant who is an aircraft operator commits an offence if:
(a) the participant becomes aware of an aviation security incident; and
(b) the participant fails to report the incident as required by section 105 as soon as possible.
(2) Subsection (1) does not apply in relation to a report that must be made to a particular person if:
(a) the participant believes, on reasonable grounds, that the person is already aware of the incident; or
(b) the participant 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.