Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 284

Report of discharge must be made to Director of Biosecurity

  (1)   The person in charge or the operator of a vessel must make a report to the Director of Biosecurity if:

  (a)   the vessel discharges ballast water in Australian territorial seas; and

  (b)   the discharge is:

  (i)   for the purpose of ensuring the safety of the vessel in an emergency or saving life at sea; or

  (ii)   accidental; or

  (iii)   for the purpose of avoiding or minimising pollution from the vessel.

  (2)   The report must:

  (a)   set out the reason for the discharge; and

  (b)   be made as soon as practicable, and in any case within 24 hours, after a member of the vessel's crew becomes aware of the discharge.

  (3)   Subsection   (1) does not apply in relation to a discharge of ballast water if the discharge is covered by an exception referred to in section   271, 276, 277, 278A, 279 or 282.

Note 1:   Those sections deal with ballast water that has been managed for discharge, ballast water discharged as part of an acceptable ballast water exchange, ballast water discharged to a ballast water reception facility, discharges covered by exemptions and ballast water taken up and discharged at the same place.

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

Strict liability offence

  (4)   A person commits an offence of strict liability if:

  (a)   the person is the person in charge or the operator of a vessel; and

  (b)   a report under subsection   (1) is required to be made in relation to the vessel; and

  (c)   the report is not made in accordance with this section.

Note:   For offences of strict liability, see section   6.1 of the Criminal Code .

Penalty for contravention of this subsection:   120 penalty units.