Notifying revocations
31 Notifying revocations
Secretary must notify of revocations
If:
the Secretary has notified a person under section 27, 28, 28A, 29 or 30 that a maritime security level is in force; and
the Secretary revokes the declaration concerned;
the Secretary must, as soon as practicable, notify the person of the revocation.
When port operators must then notify others
If:
a port operator has notified a person under subsection 27(2) that a maritime security level is in force; and
the Secretary revokes the declaration concerned;
the port operator must, as soon as practicable, notify the person of the revocation.
Penalty: 10 penalty units
Subsection (2) does not apply if the port 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.
When offshore facility operators must then notify others
If:
an offshore facility operator has notified a person under subsection 28A(2) that a maritime security level is in force; and
the Secretary revokes the declaration concerned;
the offshore facility operator must, as soon as practicable, notify the person of the revocation.
Penalty: 10 penalty units.
Subsection (5) 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 (6) (see subsection 13.3(3) of the Criminal Code).
Subsection (5) is an offence of strict liability.
This Act’s bill:Explanatory memorandumSecond reading speech
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