Document ID: chunk:federal_register_of_legislation:C2017A00034:clause:1_285c
Version: federal_register_of_legislation:C2017A00034
Segment Type: clause
Provision Reference: sch 1 cl 285C
Character Range: 21553–22736

285C  Offence for failing to have a ballast water management plan or certificate

Australian vessels
 (1) A person commits an offence if:
 (a) the person is the person in charge of a vessel; and
 (b) the vessel is an Australian vessel; and
 (c) neither of the following applies:
 (i) the vessel has a ballast water management plan, and a ballast water management certificate that is in force for the vessel;
 (ii) the vessel is prescribed for the purposes of subsection 285A(3) or is granted an exemption under the scheme prescribed for the purposes of section 285B.
Penalty: 200 penalty units.

Foreign vessels
 (2) A person commits an offence if:
 (a) the person is the person in charge of a vessel; and
 (b) the vessel is a foreign vessel; and
 (c) the vessel is in Australian seas; and
 (d) neither of the following applies:
 (i) the vessel has a ballast water management plan, and a ballast water management certificate that is in force for the vessel;
 (ii) the vessel is prescribed for the purposes of subsection 285A(3) or is granted an exemption under the scheme prescribed for the purposes of section 285B.
Penalty for contravention of this subsection: 200 penalty units.