Failure to comply with conditions
131 Failure to comply with conditions
A person commits an offence if:
the person is in a maritime security zone or on board a regulated Australian ship; and
the person is authorised or permitted to have a prohibited item in his or her possession or under his or her control; and
the person fails to comply with any conditions relating to the authorisation or permission.
Penalty: 50 penalty units.
Subsection (1) does not apply if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
Subsection (1) is an offence of strict liability.
This Act’s bill:Explanatory memorandumSecond reading speech
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