163BRequests to leave maritime security zones

163B Requests to leave maritime security zones

(1) If a maritime security guard reasonably suspects that a person is within a maritime security zone without proper authorisation, the guard may request the person to leave the zone. (2) A person commits an offence if: (a) a request has been made to the person under subsection (1); and (b) the guard has identified himself or herself as a maritime security guard to the person; and (c) the guard has informed the person of the guard’s authority to make the request; and (d) the guard has informed the person that it may be an offence not to comply with the request; and (e) the person fails to comply with the request.

Penalty: 20 penalty units.

(3) Subsection (2) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

(4) Subsection (2) is an offence of strict liability.