Maritime Transport and Offshore Facilities Security Act 2003

If a maritime security guard reasonably suspects that a person is within a maritime security zone without proper authorisation, the guard may request the person to leave the zone.

A person commits an offence if:

a request has been made to the person under subsection (1); and

the guard has identified himself or herself as a maritime security guard to the person; and

the guard has informed the person of the guard’s authority to make the request; and

the guard has informed the person that it may be an offence not to comply with the request; and

the person fails to comply with the request.

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

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

Subsection (2) is an offence of strict liability.