Document ID: chunk:federal_register_of_legislation:C2024C00540:section:27:p2
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 27 (pt 2/2)
Character Range: 183112–184497

the inspection is in respect of an act or omission, or possible act or omission, in relation to the ship while in the exclusive economic zone unless:
 (a) there are clear grounds for believing that the act or omission was a substantial discharge or disposal causing or threatening to cause significant pollution of the marine environment; and
 (b) a requirement for information under section 26G has not been complied with, or information supplied purportedly in compliance with such a requirement is manifestly at variance with the evident factual situation.
 (2) A person must not fail to comply with a requirement made of the person by an inspector under subsection (1).
Penalty: 80 penalty units.
 (2A) A person must not, in answering a question that the person is required to answer under subsection (1), make a statement that is false or misleading in a material particular.
Penalty: 200 penalty units.
 (3) An inspector shall not, in exercising his or her powers under subsection (1), unnecessarily delay a ship from going to sea.
 (4) An offence under subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) Subsection (2) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).