Document ID: chunk:federal_register_of_legislation:C2023C00019:section:14
Version: federal_register_of_legislation:C2023C00019
Segment Type: section
Provision Reference: s 14
Character Range: 23979–25071

14  Obligation to report damage etc. to ship
 (1) If:
 (a) an Australian ship has a current anti‑fouling certificate; and
 (b) something happens to the ship that affects, or might affect, its compliance with the anti‑fouling requirements; and
 (c) notice of the happening is not given in accordance with the regulations within 7 days after the happening;
then the master and owner each commit an offence for each subsequent day that passes without the notice having been given.
Penalty: 100 penalty units.
 (2) An offence against subsection (1) 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
 (3) 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 (3): see subsection 13.3(3) of the Criminal Code.