8HAFC not to be applied to a ship

8 HAFC not to be applied to a ship

Ordinary offence: applying an HAFC (1) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct results in an HAFC being applied or re‑applied on a designated external surface of a ship; and (c) the person is negligent as to causing that result; and (d) either: (i) the ship is an Australian ship; or (ii) the ship is a foreign ship and the conduct occurred in an Australian shipping facility.

Penalty: 2,000 penalty units.

Strict liability offence: applying an HAFC (2) A person commits an offence if: (a) an HAFC is: (i) applied or re‑applied on a designated external surface of an Australian ship; or (ii) applied or re‑applied on a designated external surface of a foreign ship in an Australian shipping facility; and (b) the person is the owner or master of the ship.

Penalty: 500 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.