Records must be retained
294 Records must be retained
Each record made, for the purposes of subsection 293(1) or (1A), using a vessel’s ballast water record system must be retained on board the vessel for 2 years after the record is made.
Each record made, for the purposes of subsection 293(1) or (1A), using a vessel’s ballast water record system must be retained:
on board the vessel; or
in the control of the owner of the vessel;
for a further 3 years starting at the end of the 2‑year period referred to in subsection (1).
For the purposes of subsections (1) and (2), if a vessel (the first vessel) is being towed by another vessel and has no crew on board, a record that is on board the other vessel is taken to be on board the first vessel.
Strict liability offence
A person commits an offence of strict liability if:
the person is the owner of a vessel; and
subsection (1) or (2) requires a record to be retained; and
the record is not retained in accordance with this section.
For offences of strict liability, see section 6.1 of the Criminal Code.
Penalty: 200 penalty units.
Subsections (1) and (2) do not apply in relation to a record if:
the record was lost or destroyed; and
the loss or destruction of the record was beyond the control of:
the present owner of the vessel; and
if the present owner was not the owner when the record was lost or destroyed—the person who was the owner of the vessel at that time.
A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
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