Biosecurity Act 2015

A person contravenes this subsection if:

the person is the person in charge or the operator of a vessel; and

the vessel is an Australian vessel; and

the vessel discharges ballast water (whether in or outside Australian seas).

The physical elements of offences against subsections (2) and (3) are set out in this subsection (see section 534).

A person contravenes this subsection if:

the person is the person in charge or the operator of a vessel; and

the vessel is a foreign vessel; and

the vessel is in Australian seas; and

the vessel discharges ballast water.

The physical elements of offences against subsections (2) and (3) are set out in this subsection (see section 534).

A person commits an offence if the person contravenes subsection (1) or (1A).

A person commits an offence of strict liability if the person contravenes subsection (1) or (1A).

For offences of strict liability, see section 6.1 of the Criminal Code.

Subsections (1) and (1A) do not apply if:

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

either of the following applies:

the vessel has a ballast water management plan, and a ballast water management certificate is in force for the vessel;

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

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

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.

A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).