173Ship operators

#### 173 Ship operators (1) A ship operator for a security regulated ship commits an offence if: (a) the ship operator becomes aware of a maritime transport or offshore facility security incident (other than a cyber security incident); and (b) the ship operator fails to report the incident as required by section 179 as soon as possible. Penalty: 200 penalty units. (2) Subsection (1) does not apply in relation to a report that must be made to a particular person if: (a) the ship operator believes, on reasonable grounds, that the person is already aware of the incident; or (b) the ship operator 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) A ship operator for a security regulated ship commits an offence if: (a) the ship operator becomes aware of a maritime transport or offshore facility 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 a maritime asset; and (b) the ship operator 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 ship operator becomes so aware. Penalty: 200 penalty units. (5) A ship operator for a security regulated ship commits an offence if: (a) the ship operator becomes aware of a maritime transport or offshore facility security incident that: (i) is a cyber security incident; and (ii) has had, is having, or is likely to have a relevant impact on a maritime asset; and (b) the ship operator 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 ship operator becomes so aware. Penalty: 200 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 ship operator believes, on reasonable grounds, that the person or body is already aware of the incident; or (b) the ship operator 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.