(1)

If the Secretary declares that a maritime security level is in force for a security regulated port, the Secretary must, as soon as practicable, notify:

(a) the port operator; and
(b) each maritime industry participant who is required to have a maritime security plan and who:
(i) controls an area within the boundaries of the security regulated port; or
(ii) operates within the boundaries of the security regulated port.

(2)

If the Secretary gives a port operator notice of a declaration under subsection (1), the port operator must, as soon as practicable, give notice of the declaration to:

(a) every maritime industry participant who is covered by the port operator's maritime security plan and who:
(i) controls an area within the boundaries of the security regulated port; or
(ii) operates within the boundaries of the security regulated port; and
(b) the master of every security regulated ship that is within the port or about to enter the port.

Penalty: 10 penalty units

(3)

Subsection (2) does not apply if the port operator has a reasonable excuse.

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

(4)

Subsection (2) is an offence of strict liability.