Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An Australian vessel (whether in or outside Australian seas) that is capable of carrying ballast water must have on board a ballast water record system that complies with the requirements (if any) prescribed by the determination under section 308A.
Note: A ballast water record system is a system for making and keeping records of details about the vessel's ballast water and ballast water operations (see section 9).
(1A) A foreign vessel in Australian seas that is capable of carrying ballast water must have on board a ballast water record system that complies with the requirements (if any) prescribed by the determination under section 308A.
Strict liability offence
(2) A person commits an offence of strict liability if:
(a) the person is the person in charge of a vessel; and
(b) the vessel is capable of carrying ballast water; and
(c) the vessel does not have a ballast water record system as required by subsection (1) or (1A).
Note: For offences of strict liability, see section 6.1 of the Criminal Code .
Penalty for contravention of this subsection: 200 penalty units.