(1)

A security direction may be given by the Secretary to one or more of the following:

(a) a maritime industry participant or an employee of a maritime industry participant;
(b) passengers;
(c) persons, other than persons mentioned in paragraphs (a) and (b), who are within the boundaries of a security regulated port.

(2)

For the purposes of giving a security direction to persons mentioned in paragraph (1)(b) or (c), the Secretary is taken to have given a direction to the persons if the direction is clearly displayed at a place where the direction is to be complied with by those persons.

(3)

The Secretary may, in a security direction given to the port operator for a security regulated port, require the port operator to communicate all or a part of the direction to specified maritime industry participants who operate within the port.

(4)

If the Secretary gives a port operator a direction under subsection (1) that requires the port operator to communicate all or a part of the direction to specified maritime industry participants who operate within the port, the port operator must, as soon as practicable, communicate the direction, or the part of the direction, to the specified maritime industry participants.

Penalty: 50 penalty units

(5)

Subsection (4) 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 (5) (see subsection 13.3(3) of the Criminal Code ).

(6)

Subsection (4) is an offence of strict liability.

(7)

If a direction is given to a maritime industry participant by a port operator as mentioned in subsection (3), the direction is taken to have been given to the participant by the Secretary.