Maritime Transport and Offshore Facilities Security Act 2003

A port operator commits an offence if:

the port operator becomes aware of a maritime transport or offshore facility security incident (other than a cyber security incident); and

the port operator fails to report the incident as required by section 177 as soon as possible.

Subsection (1) does not apply in relation to a report that must be made to a particular person if:

the port operator believes, on reasonable grounds, that the person is already aware of the incident; or

the port operator has a reasonable excuse.

A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Subsection (1) is an offence of strict liability.

A port operator commits an offence if:

the port operator becomes aware of a maritime transport or offshore facility security incident that:

is a cyber security incident; and

has had, is having, or is likely to have a significant impact on the availability of a maritime asset; and

the port operator fails to report the incident to:

the Secretary; and

the Australian Signals Directorate;

A port operator commits an offence if:

the port operator becomes aware of a maritime transport or offshore facility security incident that:

is a cyber security incident; and

has had, is having, or is likely to have a relevant impact on a maritime asset; and

the port operator fails to report the incident to:

the Secretary; and

the Australian Signals Directorate;

Subsections (4) and (5) do not apply in relation to a report that must be made to a particular person or body if:

the port operator believes, on reasonable grounds, that the person or body is already aware of the incident; or

the port operator has a reasonable excuse.

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

Subsections (4) and (5) are offences of strict liability.