Document ID: chunk:federal_register_of_legislation:C2025C00015:section:270
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 270
Character Range: 446165–448429

270  Offence—discharging ballast water

Australian vessels
 (1) A person contravenes this subsection if:
 (a) the person is the person in charge or the operator of a vessel; and
 (b) the vessel is an Australian vessel; and
 (c) the vessel discharges ballast water (whether in or outside Australian seas).
Note: The physical elements of offences against subsections (2) and (3) are set out in this subsection (see section 534).

Foreign vessels
 (1A) A person contravenes this subsection if:
 (a) the person is the person in charge or the operator of a vessel; and
 (b) the vessel is a foreign vessel; and
 (c) the vessel is in Australian seas; and
 (d) the vessel discharges ballast water.
Note: The physical elements of offences against subsections (2) and (3) are set out in this subsection (see section 534).

Fault‑based offence
 (2) A person commits an offence if the person contravenes subsection (1) or (1A).
Penalty: 2,000 penalty units.

Strict liability offence
 (3) A person commits an offence of strict liability if the person contravenes subsection (1) or (1A).
Note: For offences of strict liability, see section 6.1 of the Criminal Code.
Penalty: 500 penalty units.

Exception
 (4) Subsections (1) and (1A) do not apply if:
 (a) the condition in section 271, 276, 277, 278A, 279, 282, or subsection 283(1), (2) or (3), is met in relation to the discharge of ballast water; and
 (b) either of the following applies:
 (i) the vessel has a ballast water management plan, and a ballast water management certificate 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; and
 (c) if subparagraph (b)(i) of this subsection applies—the management of the ballast water was carried out in accordance with the ballast water management plan; and
 (d) if subparagraph (b)(ii) of this subsection applies—any condition of the exemption granted under the scheme prescribed for the purposes of section 285B has been met.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Division 3—Exceptions: ballast water management

Subdivision A—Exception