174Port facility operators

#### 174 Port facility operators (1) A port facility operator commits an offence if: (a) the port facility operator becomes aware of a maritime transport or offshore facility security incident (other than a cyber security incident); and (b) the port facility operator fails to report the incident as required by section 180 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 port facility operator believes, on reasonable grounds, that the person is already aware of the incident; or (b) the port facility 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 port facility operator commits an offence if: (a) the port facility 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 port facility 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 port facility operator becomes so aware. Penalty: 200 penalty units. (5) A port facility operator commits an offence if: (a) the port facility 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 port facility 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 port facility 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 port facility operator believes, on reasonable grounds, that the person or body is already aware of the incident; or (b) the port facility 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.