Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 294

Records must be retained

  (1)   Each record made, for the purposes of subsection   293(1) or (1A), using a vessel's ballast water record system must be retained on board the vessel for 2 years after the record is made.

  (2)   Each record made, for the purposes of subsection   293(1) or (1A), using a vessel's ballast water record system must be retained:

  (a)   on board the vessel; or

  (b)   in the control of the owner of the vessel;

for a further 3 years starting at the end of the 2 - year period referred to in subsection   (1).

  (3)   For the purposes of subsections   (1) and (2), if a vessel (the first vessel ) is being towed by another vessel and has no crew on board, a record that is on board the other vessel is taken to be on board the first vessel.

Strict liability offence

  (4)   A person commits an offence of strict liability if:

  (a)   the person is the owner of a vessel; and

  (b)   subsection   (1) or (2) requires a record to be retained; and

  (c)   the record is not retained in accordance with this section.

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

Penalty:   200 penalty units.

  (5)   Subsections   (1) and (2) do not apply in relation to a record if:

  (a)   the record was lost or destroyed; and

  (b)   the loss or destruction of the record was beyond the control of:

  (i)   the present owner of the vessel; and

  (ii)   if the present owner was not the owner when the record was lost or destroyed--the person who was the owner of the vessel at that time.

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


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