143Failure to ensure vessel is operated so as not to cause pollution or damage to the marine environment outside Australia

#### 143 Failure to ensure vessel is operated so as not to cause pollution or damage to the marine environment outside Australia (1) The master of a regulated Australian vessel, a domestic commercial vessel or a recreational vessel that has Australian nationality must ensure that the vessel is operated in a manner that does not cause: (a) pollution to the marine environment in seas that are beyond the territorial sea and the exclusive economic zone of Australia; or (b) damage to the marine environment in seas that are beyond the territorial sea and the exclusive economic zone of Australia. Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1). Penalty: 600 penalty units. (3) Recklessness or negligence is the fault element for: (a) the manner of operation of the vessel; and (b) the result mentioned in paragraph (1)(a) or (b) occurring. Civil penalty (4) A person is liable to a civil penalty if the person contravenes subsection (1). Civil penalty: (a) for an aggravated contravention—6,000 penalty units; or (b) in any other case—600 penalty units.