Report of discharge must be made to Director of Biosecurity
(1) The person in charge or the operator of a vessel must make a report to the Director of Biosecurity if:
(a) the vessel discharges ballast water in Australian territorial seas; and
(b) the discharge is:
(i) for the purpose of ensuring the safety of the vessel in an emergency or saving life at sea; or
(ii) accidental; or
(iii) for the purpose of avoiding or minimising pollution from the vessel.
(2) The report must:
(a) set out the reason for the discharge; and
(b) be made as soon as practicable, and in any case within 24 hours, after a member of the vessel's crew becomes aware of the discharge.
(3) Subsection (1) does not apply in relation to a discharge of ballast water if the discharge is covered by an exception referred to in section 271, 276, 277, 278A, 279 or 282.
Note 1: Those sections deal with ballast water that has been managed for discharge, ballast water discharged as part of an acceptable ballast water exchange, ballast water discharged to a ballast water reception facility, discharges covered by exemptions and ballast water taken up and discharged at the same place.
Note 2: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code ).
Strict liability offence
(4) A person commits an offence of strict liability if:
(a) the person is the person in charge or the operator of a vessel; and
(b) a report under subsection (1) is required to be made in relation to the vessel; and
(c) the report is not made in accordance with this section.
Note: For offences of strict liability, see section 6.1 of the Criminal Code .
Penalty for contravention of this subsection: 120 penalty units.