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BIOSECURITY ACT 2015 - SECT 285C Offence for failing to have a ballast water management plan or certificate

BIOSECURITY ACT 2015 - SECT 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.