Commonwealth Consolidated Acts

PROTECTION OF THE SEA (HARMFUL ANTI-FOULING SYSTEMS) ACT 2006 - SECT 13

Ordinary offence: failing to carry anti - fouling certificate

  (1)   A person commits an offence if:

  (a)   on or after 1   January 2008, the person:

  (i)   takes an Australian ship to or from a shipping facility on an international voyage; or

  (ii)   permits an Australian ship to be taken to or from a shipping facility on an international voyage; and

  (b)   the ship has a gross tonnage of 400 or more; and

  (c)   the person is the master or owner of the ship; and

  (d)   the ship does not have on board a current anti - fouling certificate for the ship; and

  (e)   the ship is not an exempt platform.

Penalty:   1,000 penalty units.

Strict liability offence: failing to carry anti - fouling certificate

  (2)   A person commits an offence if:

  (a)   on or after 1   January 2008, an Australian ship with a gross tonnage of 400 or more enters or leaves a shipping facility on an international voyage; and

  (b)   the person is the master or owner of the ship; and

  (c)   the ship does not have on board a current anti - fouling certificate for the ship; and

  (d)   the ship is not an exempt platform.

Penalty:   400 penalty units.

  (3)   An offence against subsection   (2) is an offence of strict liability.

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

No offence if State or Territory law applies

  (4)   If:

  (a)   apart from this subsection, particular conduct would constitute an offence against this section; and

  (b)   the conduct constitutes an offence against a law of a State or Territory;

then the conduct does not constitute an offence against this section.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (4): see subsection   13.3(3) of the Criminal Code .