13Obligation to carry anti‑fouling certificate

13 Obligation to carry anti‑fouling certificate

Ordinary offence: failing to carry anti‑fouling certificate (1) A person commits an offence if: (a) on or after 1 January 2008, the person: (i) takes an Australian ship to or from a shipping facility on an international voyage; or (ii) permits an Australian ship to be taken to or from a shipping facility on an international voyage; and (b) the ship has a gross tonnage of 400 or more; and (c) the person is the master or owner of the ship; and (d) the ship does not have on board a current anti‑fouling certificate for the ship; and (e) the ship is not an exempt platform.

Penalty: 1,000 penalty units.

Strict liability offence: failing to carry anti‑fouling certificate (2) A person commits an offence if: (a) on or after 1 January 2008, an Australian ship with a gross tonnage of 400 or more enters or leaves a shipping facility on an international voyage; and (b) the person is the master or owner of the ship; and (c) the ship does not have on board a current anti‑fouling certificate for the ship; and (d) the ship is not an exempt platform.

Penalty: 400 penalty units.

(3) An offence against subsection (2) is an offence of strict liability.

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

No offence if State or Territory law applies (4) If: (a) apart from this subsection, particular conduct would constitute an offence against this section; and (b) the conduct constitutes an offence against a law of a State or Territory; then the conduct does not constitute an offence against this section.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.