Document ID: chunk:federal_register_of_legislation:C2023C00019:section:15
Version: federal_register_of_legislation:C2023C00019
Segment Type: section
Provision Reference: s 15
Character Range: 25071–27137

15  Obligation to carry anti‑fouling declaration

Ordinary offence: failing to carry anti‑fouling declaration
 (1) A person commits an offence if:
 (a) on or after 1 January 2008, the person:
 (i) takes an Australian ship to or from a shipping facility on an international voyage; or
 (ii) permits an Australian ship to be taken to or from a shipping facility on an international voyage; and
 (b) the person is the master or owner of the ship; and
 (c) the ship is at least 24 metres in length and has a gross tonnage of less than 400; and
 (d) the ship does not have on board an anti‑fouling declaration for the ship; and
 (e) the ship is not an exempt platform.
Penalty: 1,000 penalty units.

Strict liability offence: failing to carry anti‑fouling declaration
 (2) A person commits an offence if:
 (a) on or after 1 January 2008 an Australian ship enters or leaves a shipping facility on an international voyage; and
 (b) the person is the master or owner of the ship; and
 (c) the ship is at least 24 metres in length and has a gross tonnage of less than 400; and
 (d) the ship does not have on board an anti‑fouling declaration for the ship; and
 (e) the ship is not an exempt platform.
Penalty: 400 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.

Definition
 (5) In this section:
anti‑fouling declaration means a declaration relating to compliance with the anti‑fouling requirements, being a declaration in a form prescribed for the purposes of this definition.

Part 4—Inspection and enforcement powers