Northern Territory Numbered Acts Northern Territory Numbered Acts(1) The regional harbourmaster for a designated port may, by written notice given to the port operator, direct the port operator to ensure that a compliance audit of the port operator is conducted within the period (not being less than 6 months) specified in the notice.
(2) Unless specified otherwise in the notice, the compliance audit must determine whether the port operator is complying with the whole of the port safety plan for the designated port.
(3) The port operator of a designated port commits an offence if:
(a) the port operator has been given a direction under subsection (1); and
(b) the port operator fails to comply with the direction.
Maximum penalty: 200 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.
(6) The port operator of a designated port commits an offence if:
(a) a compliance audit to determine whether the port operator is complying with the whole of the port safety plan for the port is not conducted for 3 years; and
(b) the port operator fails to ensure that such an audit is conducted within 6 months after the end of that period.
Maximum penalty: 200 penalty units.
(7) Strict liability applies to subsection (6)(b).