Document ID: chunk:federal_register_of_legislation:C2017A00034:clause:1_135
Version: federal_register_of_legislation:C2017A00034
Segment Type: clause
Provision Reference: sch 1 cl 135
Character Range: 38331–39314

135  Subsection 302(1)
Repeal the subsection, substitute:
 (1) The Director of Biosecurity or a biosecurity officer may give a direction under this section to the person in charge of a vessel if:
 (a) the Director or the biosecurity officer is satisfied that:
 (i) a sample of the vessel's ballast water indicates that the vessel poses an unacceptable level of biosecurity risk; or
 (ii) the person in charge or crew of the vessel are not familiar with, or have not implemented, essential shipboard procedures relating to ballast water management that are set out in the ballast water management plan for the vessel; or
 (iii) the vessel does not have appropriate ballast water records; or
 (iv) if ballast water were discharged from the vessel, an offence against this Chapter involving the vessel would be committed; or
 (b) the Director or the biosecurity officer has reasonable grounds for believing that an offence against this Chapter involving the vessel has been committed.