Commonwealth Consolidated Acts

PROTECTION OF THE SEA (HARMFUL ANTI-FOULING SYSTEMS) ACT 2006 - SECT 8

Ordinary offence: applying an HAFC

  (1)   A person commits an offence if:

  (a)   the person engages in conduct; and

  (b)   the conduct results in an HAFC being applied or re - applied on a designated external surface of a ship; and

  (c)   the person is negligent as to causing that result; and

  (d)   either:

  (i)   the ship is an Australian ship; or

  (ii)   the ship is a foreign ship and the conduct occurred in an Australian shipping facility.

Penalty:   2,000 penalty units.

Strict liability offence: applying an HAFC

  (2)   A person commits an offence if:

  (a)   an HAFC is:

  (i)   applied or re - applied on a designated external surface of an Australian ship; or

  (ii)   applied or re - applied on a designated external surface of a foreign ship in an Australian shipping facility; and

  (b)   the person is the owner or master of the ship.

Penalty:   500 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 .