Maritime Transport and Offshore Facilities Security Act 2003

An employee of a maritime industry participant commits an offence if:

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

the employee fails to report the incident to the maritime industry participant as soon as possible.

Subsection (1) does not apply if the employee 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.

An employee of a maritime industry participant commits an offence if:

the employee 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 employee fails to report the incident to the maritime industry participant as soon as possible, and in any event within 12 hours, after the employee becomes so aware.

An employee of a maritime industry participant commits an offence if:

the employee 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 employee fails to report the incident to the maritime industry participant as soon as possible, and in any event within 72 hours, after the employee becomes so aware.

Subsections (4) and (5) do not apply if the employee 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.