19Written reports within 72 hours

19 Written reports within 72 hours

(1) If a responsible person has knowledge of an immediately reportable matter or a routine reportable matter, then the person must within 72 hours give a written report of the matter (containing the particulars prescribed by the regulations) to a nominated official.

Penalty: 30 penalty units.

(2) Subsection (1) does not apply if the person believes, on reasonable grounds, that another responsible person has already given such a report to a nominated official.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.

(3) Subsection (1) does not apply if: (a) the person has already reported in writing on the matter under the Navigation Act 2012 or the Protection of the Sea (Prevention of Pollution from Ships) Act 1983; or (b) the person believes, on reasonable grounds, that another responsible person has already reported in writing on the matter under either of those Acts.

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

(4) The Chief Commissioner may, by notice in writing to a responsible person, require the person to give the Chief Commissioner a written report in relation to an immediately reportable matter or a routine reportable matter within the period specified in the notice, by the means prescribed and including the particulars prescribed by the regulations. (5) The Chief Commissioner must not require a responsible person to give a report under subsection (4) unless either: (a) the Chief Commissioner is satisfied that: (i) the person has knowledge of the immediately reportable matter or routine reportable matter; but (ii) the person is one to whom subsection (1) does not apply because of the operation of subsection (2) or (3); or (b) the Chief Commissioner is satisfied that: (i) the person is one to whom subsection (1) applies despite the operation of subsection (2) or (3); and (ii) the person may have information that was not communicated in a report given under subsection (1). (6) The responsible person must comply with the notice.

Penalty: 30 penalty units.

(7) A prosecution of a person for an offence against subsection (1) may be commenced at any time within 6 years after the commission of the offence.