Document ID: chunk:federal_register_of_legislation:C2023C00019:section:9:p2
Version: federal_register_of_legislation:C2023C00019
Segment Type: section
Provision Reference: s 9 (pt 2/3)
Character Range: 15815–18510

Australian ship entering shipping facility
 (5) A person commits an offence if:
 (a) an Australian ship enters a shipping facility; and
 (b) the person is the master or owner of the ship; and
 (c) the ship does not comply with the anti‑fouling requirements; and
 (d) the ship is not a pre‑2003 exempt platform; and
 (e) for a ship that has cybutryne applied to a designated external surface—the ship is not a pre‑2023 exempt platform.
Penalty: 500 penalty units.

Strict liability offence: non‑complying Australian ship remaining in shipping facility
 (6) If:
 (a) an Australian ship remains in a shipping facility; and
 (b) the ship does not comply with the anti‑fouling requirements; and
 (c) the ship is not a pre‑2003 exempt platform; and
 (d) for a ship that has cybutryne applied to a designated external surface—the ship is not a pre‑2023 exempt platform;
then the master and owner each commit an offence for each day on which the ship so remains.
Penalty: 400 penalty units.

Strict liability offence: non‑complying foreign ship entering Australian shipping facility
 (7) A person commits an offence if:
 (a) a foreign ship enters an Australian shipping facility; and
 (b) the person is the master or owner of the ship; and
 (c) the ship does not comply with the anti‑fouling requirements; and
 (d) the ship is not a pre‑2003 exempt platform; and
 (e) for a ship that has cybutryne applied to a designated external surface—the ship is not a pre‑2023 exempt platform.
Penalty: 500 penalty units.

Strict liability offence: non‑complying foreign ship remaining in Australian shipping facility
 (8) If:
 (a) a foreign ship remains in an Australian shipping facility; and
 (b) the ship does not comply with the anti‑fouling requirements; and
 (c) the ship is not a pre‑2003 exempt platform; and
 (d) for a ship that has cybutryne applied to a designated external surface—the ship is not a pre‑2023 exempt platform;
then the master and owner each commit an offence for each day on which the ship so remains.
Penalty: 400 penalty units.
 (9) An offence against subsection (5), (6), (7) or (8) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Exception for emergencies etc.
 (10) Subsections (1) to (8) do not apply if:
 (a) the ship enters or remains (as the case may be) for the purpose of securing the safety of the ship or seeking urgent medical attention for a person on board the ship; or
 (b) the ship is under the control of a person exercising powers under an Australian law.
Note: A defendant bears an evidential burden in relation to the matter in subsection (10): see subsection 13.3(3) of the Criminal Code.

No offence if State