Division   2 provides an offence of discharging ballast water. For an Australian vessel, the offence applies whether the vessel is in or outside Australian seas. For a foreign vessel, the offence applies only if the vessel is in Australian seas.

The rest of this Part sets out exceptions to the offence that may apply if:

  (a)   the ballast water was managed for discharge by an approved method of ballast water management, or by ballast water exchange (Division   3); or

  (b)   the discharge was part of an acceptable ballast water exchange (Division   4); or

  (c)   the discharge was an approved discharge of ballast water to a ballast water reception facility (Division   5); or

  (d)   the discharge was covered by an exemption (Division   6, which also provides for the Director of Biosecurity to prescribe and grant exemptions); or

  (e)   the ballast water was discharged at or near the place where it was taken up into the vessel (Division   7); or

  (f)   the ballast water was discharged for reasons of safety, by accident or in order to avoid or minimise pollution (Division   8, which also sets out reporting requirements for such discharges).