(1) An Australian vessel (whether in or outside Australian seas) must, subject to subsection (3) and section 285B, have:
(a) a ballast water management plan; and
(b) a ballast water management certificate that is in force.
Note: A person may commit an offence if the vessel does not have a ballast water management plan and a ballast water management certificate that is in force (see section 285C).
(2) A foreign vessel in Australian seas must, subject to subsection (3) and section 285B, have:
(a) a ballast water management plan; and
(b) a ballast water management certificate that is in force.
(3) The determination under section 308A may prescribe vessels that are exempt from the requirements in subsections (1) and (2).