Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 270

Australian vessels

  (1)   A person contravenes this subsection if:

  (a)   the person is the person in charge or the operator of a vessel; and

  (b)   the vessel is an Australian vessel; and

  (c)   the vessel discharges ballast water (whether in or outside Australian seas).

Note:   The physical elements of offences against subsections   (2) and (3) are set out in this subsection   (see section   534).

Foreign vessels

  (1A)   A person contravenes this subsection if:

  (a)   the person is the person in charge or the operator of a vessel; and

  (b)   the vessel is a foreign vessel; and

  (c)   the vessel is in Australian seas; and

  (d)   the vessel discharges ballast water.

Note:   The physical elements of offences against subsections   (2) and (3) are set out in this subsection   (see section   534).

Fault - based offence

  (2)   A person commits an offence if the person contravenes subsection   (1) or (1A).

Penalty:   2,000 penalty units.

Strict liability offence

  (3)   A person commits an offence of strict liability if the person contravenes subsection   (1) or (1A).

Note:   For offences of strict liability, see section   6.1 of the Criminal Code .

Penalty:   500 penalty units.

Exception

  (4)   Subsections   (1) and (1A) do not apply if:

  (a)   the condition in section   271, 276, 277, 278A, 279, 282, or subsection   283(1), (2) or (3), is met in relation to the discharge of ballast water; and

  (b)   either of the following applies:

  (i)   the vessel has a ballast water management plan, and a ballast water management certificate is in force for the vessel;

  (ii)   the vessel is prescribed for the purposes of subsection   285A(3) or is granted an exemption under the scheme prescribed for the purposes of section   285B; and

  (c)   if subparagraph   (b)(i) of this subsection applies--the management of the ballast water was carried out in accordance with the ballast water management plan; and

  (d)   if subparagraph   (b)(ii) of this subsection applies--any condition of the exemption granted under the scheme prescribed for the purposes of section   285B has been met.

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