Commonwealth Consolidated Acts

AVIATION TRANSPORT SECURITY ACT 2004 - SECT 73

  (1)   A person commits an offence if:

  (a)   a special security direction is given to the person; and

  (b)   the direction is in force; and

  (c)   the person fails to comply with the direction; and

  (d)   the failure is not a failure to comply with confidentiality requirements.

Penalty:   For an airport operator or an aircraft operator--200 penalty units.

  For an aviation industry participant, other than an airport operator, an aircraft operator or an accredited air cargo agent--100 penalty units.

  For an accredited air cargo agent--50 penalty units.

  (2)   Subsection   (1) does not apply if the person 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.