101Aircraft operators

#### 101 Aircraft operators (1) An aviation industry participant who is an aircraft operator commits an offence if: (a) the participant becomes aware of an aviation security incident (other than a cyber security incident); and (b) the participant fails to report the incident as required by section 105 as soon as possible. Penalty: 300 penalty units. (2) Subsection (1) does not apply in relation to a report that must be made to a particular person if: (a) the participant believes, on reasonable grounds, that the person is already aware of the incident; or (b) the participant has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) Subsection (1) is an offence of strict liability. Cyber security incidents (4) An aviation industry participant who is an aircraft operator commits an offence if: (a) the participant becomes aware of an aviation security incident that: (i) is a cyber security incident; and (ii) has had, is having, or is likely to have a significant impact on the availability of an aviation asset; and (b) the participant fails to report the incident to: (i) the Secretary; and (ii) the Australian Signals Directorate; as soon as possible, and in any event within 12 hours, after the participant becomes so aware. Penalty: 300 penalty units. (5) An aviation industry participant who is an aircraft operator commits an offence if: (a) the participant becomes aware of an aviation security incident that: (i) is a cyber security incident; and (ii) has had, is having, or is likely to have a relevant impact on an aviation asset; and (b) the participant fails to report the incident to: (i) the Secretary; and (ii) the Australian Signals Directorate; as soon as possible, and in any event within 72 hours, after the participant becomes so aware. Penalty: 300 penalty units. (6) Subsections (4) and (5) do not apply in relation to a report that must be made to a particular person or body if: (a) the participant believes, on reasonable grounds, that the person or body is already aware of the incident; or (b) the participant has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code). (7) Subsections (4) and (5) are offences of strict liability.