Commonwealth Consolidated Acts

MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 18

Ship master's decisions

             (1)  A person does not commit an offence against this Act if:

                     (a)  a physical element of the offence exists (whether directly or indirectly) because the master of a ship engaged in conduct in the operation or control of the ship; and

                     (b)  without the existence of that physical element the person would not commit the offence; and

                     (c)  the master engaged in the conduct to protect the safety or security of:

                              (i)  the ship; or

                             (ii)  the ship's cargo; or

                            (iii)  a person (whether on board the ship or not); or

                            (iv)  another ship; or

                             (v)  a port, or a port facility or other installation within a port; or

                            (vi)  an offshore facility; and

                     (d)  the conduct was reasonable in the circumstances.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (1) (see subsection 13.3(3) of the Criminal Code ).

Security directions

             (2)  If:

                     (a)  a person is required to comply with a security direction; and

                     (b)  compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;

the person, in complying with the security direction, is taken not to have committed the offence or contravened the requirement.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

Control directions

             (3)  If:

                     (a)  a person is required to comply with a control direction; and

                     (b)  compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;

the person, in complying with the control direction, is taken not to have committed the offence or contravened the requirement.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code ).