(1)

An aviation industry participant commits an offence if:

(a)

the participant is required under section 12 to have a transport security program; and

(b)

the participant operates as a participant of that kind; and

(c)

there is no transport security program in force for the participant.

Penalty: For an airport operator or an aircraft operator—200 penalty units.
For an aviation industry participant, other than an airport operator or an aircraft operator—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.