CTHIn ForceAct
Biosecurity Act 2015
268Reporting ballast water discharges in Australian territorial seas—requirement to give additional or corrected information
Start here
Get a plain-English read of 268
Turn the raw legal text into a practical explanation grounded in Biosecurity Act 2015.
268 Reporting ballast water discharges in Australian territorial seas—requirement to give additional or corrected information
(a) the operator of a vessel gives a report in relation to the vessel under section 267; and
(b) the person in charge or the operator of the vessel becomes aware that the information included in the report was incomplete or incorrect;
the operator must give the additional or corrected information to a biosecurity officer as soon as practicable.
Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).
Note 2: The obligation in this subsection applies whether or not the operator of the vessel is in Australian territory when the person in charge or the operator of the vessel becomes aware that the information included in a report given under section 267 was incomplete or incorrect (see subsection (5) of this section).
Failure to give information
(3) A person commits an offence if the person contravenes subsection (2).
(4) A person is liable to a civil penalty if the person contravenes subsection (2).
(5) Subsections (2), (3) and (4) apply whether or not the person is in Australian territory when the person is required to give the information.
Part 3—Management of discharge of ballast water
269 Simplified outline of this Part
Division 2 provides an offence of discharging ballast water. For an Australian vessel, the offence applies whether the vessel is in or outside Australian seas. For a foreign vessel, the offence applies only if the vessel is in Australian seas.
The rest of this Part sets out exceptions to the offence that may apply if:
(a) the ballast water was managed for discharge by an approved method of ballast water management, or by ballast water exchange (Division 3); or
(b) the discharge was part of an acceptable ballast water exchange (Division 4); or
(c) the discharge was an approved discharge of ballast water to a ballast water reception facility (Division 5); or
(d) the discharge was covered by an exemption (Division 6, which also provides for the Director of Biosecurity to prescribe and grant exemptions); or
(e) the ballast water was discharged at or near the place where it was taken up into the vessel (Division 7); or
(f) the ballast water was discharged for reasons of safety, by accident or in order to avoid or minimise pollution (Division 8, which also sets out reporting requirements for such discharges).
Division 2—Offence of discharging ballast water