Document ID: chunk:federal_register_of_legislation:C2025C00015:section:294
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 294
Character Range: 474180–475797

294  Records must be retained
 (1) Each record made, for the purposes of subsection 293(1) or (1A), using a vessel's ballast water record system must be retained on board the vessel for 2 years after the record is made.
 (2) Each record made, for the purposes of subsection 293(1) or (1A), using a vessel's ballast water record system must be retained:
 (a) on board the vessel; or
 (b) in the control of the owner of the vessel;
for a further 3 years starting at the end of the 2‑year period referred to in subsection (1).
 (3) For the purposes of subsections (1) and (2), if a vessel (the first vessel) is being towed by another vessel and has no crew on board, a record that is on board the other vessel is taken to be on board the first vessel.

Strict liability offence
 (4) A person commits an offence of strict liability if:
 (a) the person is the owner of a vessel; and
 (b) subsection (1) or (2) requires a record to be retained; and
 (c) the record is not retained in accordance with this section.
Note: For offences of strict liability, see section 6.1 of the Criminal Code.
Penalty: 200 penalty units.
 (5) Subsections (1) and (2) do not apply in relation to a record if:
 (a) the record was lost or destroyed; and
 (b) the loss or destruction of the record was beyond the control of:
 (i) the present owner of the vessel; and
 (ii) if the present owner was not the owner when the record was lost or destroyed—the person who was the owner of the vessel at that time.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).