Maritime Transport and Offshore Facilities Security Act 2003

If the Secretary declares that a maritime security level is in force for a security regulated offshore facility the Secretary must, as soon as practicable, notify:

the offshore facility operator; and

each offshore industry participant who is required to have an offshore security plan and who operates within the boundaries of the security regulated offshore facility.

If the Secretary gives an offshore facility operator notice of a declaration under subsection (1), the operator must, as soon as practicable, give notice of the declaration to:

every offshore industry participant who is covered by the operator’s offshore security plan and who operates within the boundaries of the facility; and

the ship operator or master of every security regulated ship located in the vicinity of the facility that is engaged in any activity in relation to the facility.

Subsection (2) does not apply if the offshore facility operator 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.