Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A record must be made if an Australian vessel (whether in or outside Australian seas):
(a) conducts a ballast water operation; or
(b) disposes of sediment.
Note: A vessel conducts a ballast water operation if ballast water is taken up into the vessel, discharged from the vessel, or treated or circulated on the vessel for the purposes of ballast water management (see section 9).
(1A) A record must be made if a foreign vessel:
(a) conducts a ballast water operation in Australian seas; or
(b) disposes of sediment in Australian seas.
(2) A record required under subsection (1) or (1A) must:
(a) be made using the vessel's ballast water record system; and
(b) be made as soon as practicable after the ballast water operation is conducted or the sediment is disposed of; and
(c) comply with the requirements (if any) prescribed by the determination under section 308A.
Strict liability offence--failure to make record in accordance with this section
(3) A person commits an offence of strict liability if:
(a) the person is the person in charge of a vessel; and
(b) subsection (1) or (1A) requires a record to be made; and
(c) the record is not made in accordance with this section.
Note: For offences of strict liability, see section 6.1 of the Criminal Code .
Fault - based offence--making a false or misleading record
(4) A person commits an offence if:
(a) the person makes a record using a vessel's ballast water record system; and
(b) the record is false or misleading in a material particular.
Penalty for contravention of this subsection: 200 penalty units.