Commonwealth Consolidated Acts

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Report of discharge relating to safety, accident or pollution

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.

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