Offence for failing to have a ballast water management plan or certificate
285C Offence for failing to have a ballast water management plan or certificate
Australian vessels
A person commits an offence if:
the person is the person in charge of a vessel; and
the vessel is an Australian vessel; and
neither of the following applies:
the vessel has a ballast water management plan, and a ballast water management certificate that 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.
Penalty: 200 penalty units.
Foreign vessels
A person commits an offence if:
the person is the person in charge of a vessel; and
the vessel is a foreign vessel; and
the vessel is in Australian seas; and
neither of the following applies:
the vessel has a ballast water management plan, and a ballast water management certificate that 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.
Penalty for contravention of this subsection: 200 penalty units.
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