(1)

An aviation industry participant who is an aircraft operator commits an offence if:

(a)

the participant becomes aware of an aviation security incident; and

(b)

the participant fails to report the incident as required by section 105 as soon as possible.

Penalty: 200 penalty units.

(2)

Subsection (1) does not apply in relation to a report that must be made to a particular person if:

(a)

the participant believes, on reasonable grounds, that the person is already aware of the incident; or

(b)

the participant has a reasonable excuse.

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

(3)

Subsection (1) is an offence of strict liability.