Document ID: chunk:federal_register_of_legislation:C2004A05187:clause:7_78a
Version: federal_register_of_legislation:C2004A05187
Segment Type: clause
Provision Reference: sch 7 cl 78A
Character Range: 24456–26662

78A  Cleansing etc. of vessels
 (1) In this section:
Commonwealth includes the Cocos Islands.
installation means:
 (a) an Australian installation; or
 (b) a resources installation which is in Australian waters for the purpose of becoming attached to the Australian seabed; or
 (c) a sea installation which is in Australian waters for the purpose of becoming installed in an adjacent area or in a coastal area.
internal waters, in relation to a State or an internal Territory, means the area comprising the waters of the sea within the limits of the State or the internal Territory and includes the space above or below that area.
vessel means:
 (a) an Australian vessel; or
 (b) a Cocos Islands vessel; or
 (c) an overseas vessel that is:
 (i) in the coastal area or the internal waters of a State or an internal Territory; and
 (ii) is travelling to a port or a place in the Commonwealth; or
 (d) a vessel in any port in the Commonwealth.
 (2) If a quarantine officer reasonably believes that a vessel or an installation is likely to be in an insanitary condition, or is likely to be carrying diseases or pests, the officer may, by written order given to the owner or master of the vessel or installation, require a specified process to be carried out in respect of the vessel or installation in the manner specified in the order.
 (3) Without limiting subsection (2):
 (a) the process that may be specified in an order includes:
 (i) cleansing, disinfection, fumigation or other treatment of the vessel or installation for the purposes of preventing the introduction, establishment or spread of diseases or pests; or
 (ii) production of samples of, or exchange or other treatment of, ballast water in a vessel; and
 (b) the order may specify where the specified process is to be carried out.
 (4) The person to whom an order under subsection (2) is given must not refuse or fail to comply with the order.
Penalty: 500 penalty units.
Note: If a body corporate is convicted of an offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by a court on an individual convicted of the same offence.