22Prohibition of carriage of unevaluated substances

22 Prohibition of carriage of unevaluated substances

(1)  For the purposes of this section –

unevaluated substance or mixture means a substance or mixture that –

(a) has not been categorized in accordance with regulation 6.1 of Annex II; or

(b) has not been provisionally assessed in accordance with regulation 6.3 of Annex II. 

(2)  If –

(a) a person engages in conduct that results in an unevaluated substance or mixture being carried on an Australian ship in State waters; and

(b) the person is negligent as to causing that result –

the person is guilty of an offence.

Penalty:  Fine not exceeding 200 penalty units.

(3)  It is a defence in proceedings for an offence under subsection (2) if the person did not know or could not reasonably be expected to know that his or her conduct involved an unevaluated substance or mixture.

(4)  The master, the charterer and the owner of an Australian ship are each guilty of an offence if an unevaluated substance or mixture is carried on the ship in State waters.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 120 penalty units; and

(b) an individual, a fine not exceeding 60 penalty units.

(5)  An offence under subsection (4) is a strict liability offence.