176Employees

#### 176 Employees (1) An employee of a maritime industry participant commits an offence if: (a) the employee becomes aware of a maritime transport or offshore facility security incident (other than a cyber security incident); and (b) the employee fails to report the incident to the maritime 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 a maritime industry participant commits an offence if: (a) the employee 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 employee fails to report the incident to the maritime 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 a maritime industry participant commits an offence if: (a) the employee 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 employee fails to report the incident to the maritime 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.