(1)

A maritime industry participant commits an offence if:

(a) the participant is required under section 42 to have a maritime security plan; and
(b) the participant operates as a participant of that kind; and
(c) there is no maritime security plan in force for the participant.

Penalty: For a port operator or port facility operator—200 penalty units.
For any other maritime industry participant—100 penalty units.

(2)

Subsection (1) does not apply if the participant 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.