(1)

A port facility operator commits an offence if:

(a) the port facility operator becomes aware of a maritime transport security incident; and
(b) the port facility operator fails to report the incident as required by section 180 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 port facility operator believes, on reasonable grounds, that the person is already aware of the incident; or
(b) the port 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.