Commonwealth Consolidated Acts

PROTECTION OF THE SEA (HARMFUL ANTI-FOULING SYSTEMS) ACT 2006 - SECT 9

Ordinary offence: non - complying Australian ship entering shipping facility

  (1)   A person commits an offence if:

  (a)   the person:

  (i)   takes an Australian ship to a shipping facility; or

  (ii)   permits an Australian ship to be taken to a shipping facility; and

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

  (c)   the ship does not comply with the anti - fouling requirements; and

  (d)   the ship is not a pre - 2003 exempt platform; and

  (e)   for a ship that has cybutryne applied to a designated external surface--the ship is not a pre - 2023 exempt platform.

Penalty:   2,000 penalty units.

Ordinary offence: non - complying Australian ship remaining in shipping facility

  (2)   If:

  (a)   a person allows an Australian ship to remain in a shipping facility; and

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

  (c)   the ship does not comply with the anti - fouling requirements; and

  (d)   the ship is not a pre - 2003 exempt platform; and

  (e)   for a ship that has cybutryne applied to a designated external surface--the ship is not a pre - 2023 exempt platform;

then the person commits an offence for each day on which the ship so remains.

Penalty:   1,000 penalty units.

Ordinary offence: non - complying foreign ship entering Australian shipping facility

  (3)   A person commits an offence if:

  (a)   the person:

  (i)   takes a foreign ship to an Australian shipping facility; or

  (ii)   permits a foreign ship to be taken to an Australian shipping facility; and

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

  (c)   the ship does not comply with the anti - fouling requirements; and

  (d)   the ship is not a pre - 2003 exempt platform; and

  (e)   for a ship that has cybutryne applied to a designated external surface--the ship is not a pre - 2023 exempt platform.

Penalty:   2,000 penalty units.

Ordinary offence: non - complying foreign ship remaining in Australian shipping facility

  (4)   If:

  (a)   a person allows a foreign ship to remain in an Australian shipping facility; and

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

  (c)   the ship does not comply with the anti - fouling requirements; and

  (d)   the ship is not a pre - 2003 exempt platform; and

  (e)   for a ship that has cybutryne applied to a designated external surface--the ship is not a pre - 2023 exempt platform;

then the person commits an offence for each day on which the ship so remains.

Penalty:   1,000 penalty units.

Strict liability offence: non - complying Australian ship entering shipping facility

  (5)   A person commits an offence if:

  (a)   an Australian ship enters a shipping facility; and

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

  (c)   the ship does not comply with the anti - fouling requirements; and

  (d)   the ship is not a pre - 2003 exempt platform; and

  (e)   for a ship that has cybutryne applied to a designated external surface--the ship is not a pre - 2023 exempt platform.

Penalty:   500 penalty units.

Strict liability offence: non - complying Australian ship remaining in shipping facility

  (6)   If:

  (a)   an Australian ship remains in a shipping facility; and

  (b)   the ship does not comply with the anti - fouling requirements; and

  (c)   the ship is not a pre - 2003 exempt platform; and

  (d)   for a ship that has cybutryne applied to a designated external surface--the ship is not a pre - 2023 exempt platform;

then the master and owner each commit an offence for each day on which the ship so remains.

Penalty:   400 penalty units.

Strict liability offence: non - complying foreign ship entering Australian shipping facility

  (7)   A person commits an offence if:

  (a)   a foreign ship enters an Australian shipping facility; and

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

  (c)   the ship does not comply with the anti - fouling requirements; and

  (d)   the ship is not a pre - 2003 exempt platform; and

  (e)   for a ship that has cybutryne applied to a designated external surface--the ship is not a pre - 2023 exempt platform.

Penalty:   500 penalty units.

Strict liability offence: non - complying foreign ship remaining in Australian shipping facility

  (8)   If:

  (a)   a foreign ship remains in an Australian shipping facility; and

  (b)   the ship does not comply with the anti - fouling requirements; and

  (c)   the ship is not a pre - 2003 exempt platform; and

  (d)   for a ship that has cybutryne applied to a designated external surface--the ship is not a pre - 2023 exempt platform;

then the master and owner each commit an offence for each day on which the ship so remains.

Penalty:   400 penalty units.

  (9)   An offence against subsection   (5), (6), (7) or (8) is an offence of strict liability.

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

Exception for emergencies etc.

  (10)   Subsections   (1) to (8) do not apply if:

  (a)   the ship enters or remains (as the case may be) for the purpose of securing the safety of the ship or seeking urgent medical attention for a person on board the ship; or

  (b)   the ship is under the control of a person exercising powers under an Australian law.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (10): see subsection   13.3(3) of the Criminal Code .

No offence if State or Territory law applies

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