Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 298

Australian vessels

  (1)   A person contravenes this subsection if:

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

  (b)   the vessel is an Australian vessel; and

  (c)   the vessel disposes of sediment (whether in or outside Australian seas); and

  (d)   the sediment is not disposed of to a sediment reception facility.

Note 1:   For exceptions relating to safety, accidents and pollution, see section   299.

Note 2:   The physical elements of offences against subsections   (2) and (3) are set out in this subsection   (see section   534).

Foreign vessels

  (1A)   A person contravenes this subsection if:

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

  (b)   the vessel is a foreign vessel; and

  (c)   the vessel is in Australian seas; and

  (d)   the vessel disposes of sediment; and

  (e)   the sediment is not disposed of to a sediment reception facility.

Note 1:   For exceptions relating to safety, accidents and pollution, see section   299.

Note 2:   The physical elements of offences against subsections   (2) and (3) are set out in this subsection   (see section   534).

Fault - based offence

  (2)   A person commits an offence if the person contravenes subsection   (1) or (1A).

Penalty:   2,000 penalty units.

Strict liability offence

  (3)   A person commits an offence of strict liability if the person contravenes subsection   (1) or (1A).

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

Penalty for contravention of this subsection:   500 penalty units.