Reporting ballast water discharges in Australian territorial seas—requirement to give additional or corrected information
268 Reporting ballast water discharges in Australian territorial seas—requirement to give additional or corrected information
If:
the operator of a vessel gives a report in relation to the vessel under section 267; and
the person in charge or the operator of the vessel becomes aware that the information included in the report was incomplete or incorrect;
the operator must give the additional or corrected information to a biosecurity officer as soon as practicable.
A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).
The obligation in this subsection applies whether or not the operator of the vessel is in Australian territory when the person in charge or the operator of the vessel becomes aware that the information included in a report given under section 267 was incomplete or incorrect (see subsection (5) of this section).
Failure to give information
A person contravenes this subsection if:
the person is required to give information to a biosecurity officer under subsection (1); and
the person does not give the information to a biosecurity officer as required by that subsection.
The physical elements of an offence against subsection (3) are set out in this subsection (see section 534).
Fault‑based offence
A person commits an offence if the person contravenes subsection (2).
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Civil penalty provision
A person is liable to a civil penalty if the person contravenes subsection (2).
Civil penalty: 120 penalty units.
Application to persons within and outside Australian territory
Subsections (2), (3) and (4) apply whether or not the person is in Australian territory when the person is required to give the information.
This section is not subject to the privilege against self‑incrimination (see section 635).
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