38HEConduct in the territorial sea: offences other than Division 6 offences

#### 38HE Conduct in the territorial sea: offences other than Division 6 offences (1) This section applies in relation to an offence committed by a person against a provision of this Part (other than a provision of Division 6) if: (a) the result of the conduct constituting the offence is pollution of the marine environment (however described); and (b) the conduct occurs in the territorial sea of Australia; and (c) none of the following apply: (i) the person is an Australian citizen, an Australian resident or a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; (ii) an Australian vessel is used in committing the offence; (iii) an Australian aircraft is used in committing the offence; (iv) a platform located in the Great Barrier Reef Region is used in committing the offence; and (d) the penalty set out at the foot of the provision for an offence against that provision includes imprisonment. (2) Despite the penalty set out at the foot of the provision, the penalty for the offence committed by the person only includes imprisonment if the prosecution proves that: (a) the person intended to engage in the conduct that constituted the offence; and (b) the pollution is serious.