Document ID: chunk:federal_register_of_legislation:C2025C00015:section:284
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 284
Character Range: 461557–463487

284  Report of discharge relating to safety, accident or pollution

Report of discharge must be made to Director of Biosecurity
 (1) The person in charge or the operator of a vessel must make a report to the Director of Biosecurity if:
 (a) the vessel discharges ballast water in Australian territorial seas; and
 (b) the discharge is:
 (i) for the purpose of ensuring the safety of the vessel in an emergency or saving life at sea; or
 (ii) accidental; or
 (iii) for the purpose of avoiding or minimising pollution from the vessel.
 (2) The report must:
 (a) set out the reason for the discharge; and
 (b) be made as soon as practicable, and in any case within 24 hours, after a member of the vessel's crew becomes aware of the discharge.
 (3) Subsection (1) does not apply in relation to a discharge of ballast water if the discharge is covered by an exception referred to in section 271, 276, 277, 278A, 279 or 282.
Note 1: Those sections deal with ballast water that has been managed for discharge, ballast water discharged as part of an acceptable ballast water exchange, ballast water discharged to a ballast water reception facility, discharges covered by exemptions and ballast water taken up and discharged at the same place.
Note 2: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Strict liability offence
 (4) A person commits an offence of strict liability if:
 (a) the person is the person in charge or the operator of a vessel; and
 (b) a report under subsection (1) is required to be made in relation to the vessel; and
 (c) the report is not made in accordance with this section.
Note: For offences of strict liability, see section 6.1 of the Criminal Code.
Penalty for contravention of this subsection: 120 penalty units.

Part 4—Ballast water management plans and ballast water management certificates

Division 1—Introduction