9Non‑complying ships not to enter or remain in shipping facilities

9 Non‑complying ships not to enter or remain in shipping facilities

Ordinary offence: non‑complying Australian ship entering shipping facility (1) A person commits an offence if: (a) the person: (i) takes an Australian ship to a shipping facility; or (ii) permits an Australian ship to be taken to a shipping facility; and (b) the person is the master or owner of the ship; and (c) the ship does not comply with the anti‑fouling requirements; and (d) the ship is not a pre‑2003 exempt platform; and (e) for a ship that has cybutryne applied to a designated external surface—the ship is not a pre‑2023 exempt platform.

Penalty: 2,000 penalty units.

Ordinary offence: non‑complying Australian ship remaining in shipping facility (2) If: (a) a person allows an Australian ship to remain in a shipping facility; and (b) the person is the master or owner of the ship; and (c) the ship does not comply with the anti‑fouling requirements; and (d) the ship is not a pre‑2003 exempt platform; and (e) for a ship that has cybutryne applied to a designated external surface—the ship is not a pre‑2023 exempt platform; then the person commits an offence for each day on which the ship so remains.

Penalty: 1,000 penalty units.

Ordinary offence: non‑complying foreign ship entering Australian shipping facility (3) A person commits an offence if: (a) the person: (i) takes a foreign ship to an Australian shipping facility; or (ii) permits a foreign ship to be taken to an Australian shipping facility; and (b) the person is the master or owner of the ship; and (c) the ship does not comply with the anti‑fouling requirements; and (d) the ship is not a pre‑2003 exempt platform; and (e) for a ship that has cybutryne applied to a designated external surface—the ship is not a pre‑2023 exempt platform.

Penalty: 2,000 penalty units.

Ordinary offence: non‑complying foreign ship remaining in Australian shipping facility (4) If: (a) a person allows a foreign ship to remain in an Australian shipping facility; and (b) the person is the master or owner of the ship; and (c) the ship does not comply with the anti‑fouling requirements; and (d) the ship is not a pre‑2003 exempt platform; and (e) for a ship that has cybutryne applied to a designated external surface—the ship is not a pre‑2023 exempt platform; then the person commits an offence for each day on which the ship so remains.

Penalty: 1,000 penalty units.

Strict liability offence: non‑complying Australian ship entering shipping facility (5) A person commits an offence if: (a) an Australian ship enters a shipping facility; and (b) the person is the master or owner of the ship; and (c) the ship does not comply with the anti‑fouling requirements; and (d) the ship is not a pre‑2003 exempt platform; and (e) for a ship that has cybutryne applied to a designated external surface—the ship is not a pre‑2023 exempt platform.