Commonwealth Consolidated Acts Commonwealth Consolidated ActsOrdinary offence: failing to carry anti - fouling declaration
(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 person is the master or owner of the ship; and
(c) the ship is at least 24 metres in length and has a gross tonnage of less than 400; and
(d) the ship does not have on board an anti - fouling declaration for the ship; and
(e) the ship is not an exempt platform.
Strict liability offence: failing to carry anti - fouling declaration
(2) A person commits an offence if:
(a) on or after 1 January 2008 an Australian ship 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 is at least 24 metres in length and has a gross tonnage of less than 400; and
(d) the ship does not have on board an anti - fouling declaration for the ship; and
(e) the ship is not an exempt platform.
(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 .
(5) In this section:
"anti-fouling declaration" means a declaration relating to compliance with the anti - fouling requirements, being a declaration in a form prescribed for the purposes of this definition.