103Employees

#### 103 Employees (1) An employee of an aviation industry participant commits an offence if: (a) the employee becomes aware of an aviation security incident (other than a cyber security incident); and (b) the employee fails to report the incident to the aviation industry participant as soon as possible. Penalty: 50 penalty units. (2) Subsection (1) does not apply if the employee has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter 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 employee of an aviation industry participant commits an offence if: (a) the employee 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 employee fails to report the incident to the aviation industry participant as soon as possible, and in any event within 12 hours, after the employee becomes so aware. Penalty: 50 penalty units. (5) An employee of an aviation industry participant commits an offence if: (a) the employee 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 employee fails to report the incident to the aviation industry participant as soon as possible, and in any event within 72 hours, after the employee becomes so aware. Penalty: 50 penalty units. (6) Subsections (4) and (5) do not apply if the employee 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.