Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 305

Strict liability offence

  (1)   A person commits an offence of strict liability if:

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

  (b)   the person is given a direction under Division   2 or this Division; and

  (c)   the person fails to comply with the direction.

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

Penalty:   2,000 penalty units.

Exceptions

  (2)   Subsection   (1) does not apply if the failure to comply with the direction is necessary for the purpose of:

  (a)   ensuring the safety of the vessel in an emergency; or

  (b)   saving life at sea.

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

  (3)   Subsection   (1) does not apply if:

  (a)   the failure to comply with the direction is accidental and results from damage to the vessel or its equipment; and

  (b)   all reasonable efforts are made to comply with the direction; and

  (c)   none of the following intentionally caused the damage, or was reckless as to the occurrence of the damage:

  (i)   the person in charge of the vessel;

  (ii)   the owner of the vessel;

  (iii)   the operator of the vessel.

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

  (4)   Subsection   (1) does not apply if the failure to comply with the direction is for the purpose of avoiding or minimising pollution from the vessel.

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