43Offence—operating without a maritime security plan

#### 43 Offence—operating without a maritime security plan (1) A maritime industry participant commits an offence if: (a) the participant is required under section 42 to have a maritime security plan; and (b) the participant operates as a participant of that kind; and (c) there is not such a plan in force for the participant. Penalty: For a port operator or port facility operator—200 penalty units. For any other maritime industry participant—100 penalty units. (2) Subsection (1) does not apply if the participant 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.