Document ID: chunk:federal_register_of_legislation:C2025C00015:section:298
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 298
Character Range: 476986–478517

298  Offence—disposing of sediment

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 disposes of sediment (whether in or outside Australian seas); and
 (d) the sediment is not disposed of to a sediment reception facility.
Note 1: For exceptions relating to safety, accidents and pollution, see section 299.
Note 2: 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 disposes of sediment; and
 (e) the sediment is not disposed of to a sediment reception facility.
Note 1: For exceptions relating to safety, accidents and pollution, see section 299.
Note 2: 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 for contravention of this subsection: 500 penalty units.