39Failure to comply with security directions

#### 39 Failure to comply with security directions (1) A person (including a person to whom a security direction to a ship is given under section 36) commits an offence if: (a) a security direction is given to, or communicated to, the person; and (b) the direction is in force; and (c) the person fails to comply with the direction; and (d) the failure is not a failure to comply with confidentiality requirements. Penalty: For a port operator, ship operator, port facility operator or offshore facility operator—200 penalty units. For a maritime industry participant other than a port operator, ship operator, port facility operator or offshore facility operator—100 penalty units. For any other person—50 penalty units. (2) Subsection (1) does not apply if the person 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.