Biosecurity Act 2015

The person in charge or the operator of a vessel must make a report to the Director of Biosecurity if:

the vessel discharges ballast water in Australian territorial seas; and

the discharge is:

for the purpose of ensuring the safety of the vessel in an emergency or saving life at sea; or

accidental; or

for the purpose of avoiding or minimising pollution from the vessel.

The report must:

set out the reason for the discharge; and

be made as soon as practicable, and in any case within 24 hours, after a member of the vessel’s crew becomes aware of the discharge.

Subsection (1) does not apply in relation to a discharge of ballast water if the discharge is covered by an exception referred to in section 271, 276, 277, 278A, 279 or 282.

Those sections deal with ballast water that has been managed for discharge, ballast water discharged as part of an acceptable ballast water exchange, ballast water discharged to a ballast water reception facility, discharges covered by exemptions and ballast water taken up and discharged at the same place.

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

A person commits an offence of strict liability if:

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

a report under subsection (1) is required to be made in relation to the vessel; and

the report is not made in accordance with this section.

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