Document ID: chunk:federal_register_of_legislation:C2023C00019:section:8
Version: federal_register_of_legislation:C2023C00019
Segment Type: section
Provision Reference: s 8
Character Range: 11872–13339

8  HAFC not to be applied to a ship

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.