Document ID: chunk:federal_register_of_legislation:C2023C00019:section:9:p1
Version: federal_register_of_legislation:C2023C00019
Segment Type: section
Provision Reference: s 9 (pt 1/3)
Character Range: 13339–16041

9  Non‑complying ships not to enter or remain in shipping facilities

Ordinary offence: non‑complying Australian ship entering shipping facility
 (1) A person commits an offence if:
 (a) the person:
 (i) takes an Australian ship to a shipping facility; or
 (ii) permits an Australian ship to be taken to a shipping facility; and
 (b) the person is the master or owner of the ship; and
 (c) the ship does not comply with the anti‑fouling requirements; and
 (d) the ship is not a pre‑2003 exempt platform; and
 (e) for a ship that has cybutryne applied to a designated external surface—the ship is not a pre‑2023 exempt platform.
Penalty: 2,000 penalty units.

Ordinary offence: non‑complying Australian ship remaining in shipping facility
 (2) If:
 (a) a person allows an Australian ship to remain in a shipping facility; and
 (b) the person is the master or owner of the ship; and
 (c) the ship does not comply with the anti‑fouling requirements; and
 (d) the ship is not a pre‑2003 exempt platform; and
 (e) for a ship that has cybutryne applied to a designated external surface—the ship is not a pre‑2023 exempt platform;
then the person commits an offence for each day on which the ship so remains.
Penalty: 1,000 penalty units.

Ordinary offence: non‑complying foreign ship entering Australian shipping facility
 (3) A person commits an offence if:
 (a) the person:
 (i) takes a foreign ship to an Australian shipping facility; or
 (ii) permits a foreign ship to be taken to an Australian shipping facility; and
 (b) the person is the master or owner of the ship; and
 (c) the ship does not comply with the anti‑fouling requirements; and
 (d) the ship is not a pre‑2003 exempt platform; and
 (e) for a ship that has cybutryne applied to a designated external surface—the ship is not a pre‑2023 exempt platform.
Penalty: 2,000 penalty units.

Ordinary offence: non‑complying foreign ship remaining in Australian shipping facility
 (4) If:
 (a) a person allows a foreign ship to remain in an Australian shipping facility; and
 (b) the person is the master or owner of the ship; and
 (c) the ship does not comply with the anti‑fouling requirements; and
 (d) the ship is not a pre‑2003 exempt platform; and
 (e) for a ship that has cybutryne applied to a designated external surface—the ship is not a pre‑2023 exempt platform;
then the person commits an offence for each day on which the ship so remains.
Penalty: 1,000 penalty units.

Strict liability offence: non‑complying Australian ship entering shipping facility
 (5) A person commits an offence if:
 (a) an Australian ship enters a shipping facility; and
 (b) the person is the master or owner of the ship; and
 (c) the ship does not comply with