Protection of the Sea (Harmful Anti-fouling Systems) Act 2006
15Obligation to carry anti‑fouling declaration
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15 Obligation to carry anti‑fouling declaration
Ordinary offence: failing to carry anti‑fouling declaration (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 person is the master or owner of the ship; and (c) the ship is at least 24 metres in length and has a gross tonnage of less than 400; and (d) the ship does not have on board an anti‑fouling declaration 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 declaration (2) A person commits an offence if: (a) on or after 1 January 2008 an Australian ship 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 is at least 24 metres in length and has a gross tonnage of less than 400; and (d) the ship does not have on board an anti‑fouling declaration for the ship; and (e) 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.
Definition (5) In this section:
anti‑fouling declaration means a declaration relating to compliance with the anti‑fouling requirements, being a declaration in a form prescribed for the purposes of this definition.