Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Each record made, for the purposes of subsection 293(1) or (1A), using a vessel's ballast water record system must be retained on board the vessel for 2 years after the record is made.
(2) Each record made, for the purposes of subsection 293(1) or (1A), using a vessel's ballast water record system must be retained:
(a) on board the vessel; or
(b) in the control of the owner of the vessel;
for a further 3 years starting at the end of the 2 - year period referred to in subsection (1).
(3) For the purposes of subsections (1) and (2), if a vessel (the first vessel ) is being towed by another vessel and has no crew on board, a record that is on board the other vessel is taken to be on board the first vessel.
Strict liability offence
(4) A person commits an offence of strict liability if:
(a) the person is the owner of a vessel; and
(b) subsection (1) or (2) requires a record to be retained; and
(c) the record is not retained in accordance with this section.
Note: For offences of strict liability, see section 6.1 of the Criminal Code .
(5) Subsections (1) and (2) do not apply in relation to a record if:
(a) the record was lost or destroyed; and
(b) the loss or destruction of the record was beyond the control of:
(i) the present owner of the vessel; and
(ii) if the present owner was not the owner when the record was lost or destroyed--the person who was the owner of the vessel at that time.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code ).