Commonwealth Consolidated Acts

PROTECTION OF THE SEA (HARMFUL ANTI-FOULING SYSTEMS) ACT 2006 - SECT 14

  (1)   If:

  (a)   an Australian ship has a current anti - fouling certificate; and

  (b)   something happens to the ship that affects, or might affect, its compliance with the anti - fouling requirements; and

  (c)   notice of the happening is not given in accordance with the regulations within 7 days after the happening;

then the master and owner each commit an offence for each subsequent day that passes without the notice having been given.

Penalty:   100 penalty units.

  (2)   An offence against subsection   (1) 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

  (3)   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   (3): see subsection   13.3(3) of the Criminal Code .