Document ID: chunk:federal_register_of_legislation:C2025C00094:section:143
Version: federal_register_of_legislation:C2025C00094
Segment Type: section
Provision Reference: s 143
Character Range: 140775–142034

143  Failure to ensure vessel is operated so as not to cause pollution or damage to the marine environment outside Australia
 (1) The master of a regulated Australian vessel, a domestic commercial vessel or a recreational vessel that has Australian nationality must ensure that the vessel is operated in a manner that does not cause:
 (a) pollution to the marine environment in seas that are beyond the territorial sea and the exclusive economic zone of Australia; or
 (b) damage to the marine environment in seas that are beyond the territorial sea and the exclusive economic zone of Australia.

Fault‑based offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty: 600 penalty units.
 (3) Recklessness or negligence is the fault element for:
 (a) the manner of operation of the vessel; and
 (b) the result mentioned in paragraph (1)(a) or (b) occurring.

Civil penalty
 (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:
 (a) for an aggravated contravention—6,000 penalty units; or
 (b) in any other case—600 penalty units.

Division 3A—Australian‑based foreign Greater sunrise vessels polluting or damaging the marine environment in the Greater Sunrise special regime area