14Obligation to report damage etc. to ship

14 Obligation to report damage etc. to ship

(1) If: (a) an Australian ship has a current anti‑fouling certificate; and (b) something happens to the ship that affects, or might affect, its compliance with the anti‑fouling requirements; and (c) notice of the happening is not given in accordance with the regulations within 7 days after the happening; then the master and owner each commit an offence for each subsequent day that passes without the notice having been given.

Penalty: 100 penalty units.

(2) An offence against subsection (1) 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 (3) 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 (3): see subsection 13.3(3) of the Criminal Code.