s 298

Offence—disposing of sediment

In force

Australian vessels

(1)

A person contravenes this subsection if:

(a)

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

(b)

the vessel is an Australian vessel; and

(c)

the vessel disposes of sediment (whether in or outside Australian seas); and

(d)

the sediment is not disposed of to a sediment reception facility.

Note 1:

For exceptions relating to safety, accidents and pollution, see section 299.

Note 2:

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

Foreign vessels

(1A)

A person contravenes this subsection if:

(a)

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

(b)

the vessel is a foreign vessel; and

(c)

the vessel is in Australian seas; and

(d)

the vessel disposes of sediment; and

(e)

the sediment is not disposed of to a sediment reception facility.

Note 1:

For exceptions relating to safety, accidents and pollution, see section 299.

Note 2:

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

Fault‑based offence

(2)

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

Penalty: 2,000 penalty units.

Strict liability offence

(3)

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

Note:

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

Penalty for contravention of this subsection: 500 penalty units.

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