Protection of the Sea (Prevention of Pollution from Ships) Act 1983

An Act relating to the prevention of pollution from ships

This Act may be cited as the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.

(1) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act shall come into operation on such respective dates as are fixed by Proclamation.

3 Interpretation

(1) In this Act, unless the contrary intention appears:

Annex VI approved equivalent: see section 26FEKA.

Antarctic Area means the sea area south of 60º south latitude.

Antarctic Protocol means the Protocol on Environmental Protection to the Antarctic Treaty.

approved form means a form approved by the Authority under section 3A.

areas of ice concentration exceeding 1/10 has the same meaning as in the Polar Code.

Australia includes the external Territories.

Australian ship means:

(a) a ship registered in Australia; or

(b) an unregistered ship having Australian nationality.

Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.

category A ship has the same meaning as in the Polar Code.

category B ship has the same meaning as in the Polar Code.

engage in conduct has the same meaning as in the Criminal Code.

exclusive economic zone means the exclusive economic zone, within the meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast of Australia or the coast of an external Territory.

fast ice has the same meaning as in the Polar Code.

foreign ship means a ship that is not an Australian ship.

heavy grade oil means:

(a) crude oil having a density at 15°C higher than 900 kg/m3; or

(b) oil, other than crude oil, having a density at 15°C higher than 900 kg/m3 or a kinematic viscosity at 50°C higher than 180 mm2/s; or

ice‑shelf has the same meaning as in the Polar Code.

inspector means a person who:

(a) is an inspector within the meaning of the Navigation Act 2012; or

(aa) is a member or a special member of the Australian Federal Police; or

(b) is appointed by the Authority, in writing, to be an inspector for the purposes of this Act.

Law of the Sea Convention means the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.

Marine Safety (Domestic Commercial Vessel) National Law has the meaning given by section 17 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.

master, in relation to a ship, means the person having command or charge of the ship.

outer territorial sea: see subsection (1D).

overseas voyage: a ship’s voyage is an overseas voyage if in the course of the voyage the ship is present (except because of stress of weather, saving life at sea or other unavoidable cause) in waters outside the outer limits of the exclusive economic zone of Australia. However, the voyage is not an overseas voyage if:

(a) the voyage commences from a port in Queensland and ends at the same port or another port in Queensland; and

(b) as an incidental part of its voyage, the ship is present in waters that are outside the outer limits of the exclusive economic zone of Australia but within the Protected Zone; and

(c) the ship is not otherwise present in waters that are outside the outer limits of the exclusive economic zone of Australia.

Polar Code means the International Code for Ships Operating in Polar Waters:

(a) adopted by:

(i) the Maritime Safety Committee of the International Maritime Organization on 21 November 2014; and

(ii) the Marine Environment Protection Committee of the International Maritime Organization on 15 May 2015; and

(b) as amended and in force for Australia from time to time.

Note: The Polar Code could in 2016 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

prescribed officer: see subsection (2).

Protected Zone means the zone that is:

(a) established under Article 10 of the Treaty between Australia and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters, done at Sydney on 18 December 1978, as amended and in force for Australia from time to time; and

(b) the area bounded by the line described in Annex 9 to that Treaty.

Note: The text of the Treaty is set out in Australian Treaty Series 1985 No. 4 ([1985] ATS 4). In 2012, the text of a Treaty in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

regulated Australian vessel: a ship is a regulated Australian vessel if it is a regulated Australian vessel for the purposes of the Navigation Act 2012.

sea near:

(a) for a State—see subsection (1A); or

(b) for the Jervis Bay Territory—see subsection (1B); or

State includes the Northern Territory.

territorial sea means the territorial sea of Australia.

the Convention means the 1973 Convention as modified and added to by the 1978 Protocol.

the 1973 Convention means the International Convention for the Prevention of Pollution from Ships, 1973, as corrected by the Procès‑Verbal of Rectification dated 13 June 1978, and as affected by any amendments (other than an amendment that has not entered force for Australia) made under Article 16 of the Convention.

the 1978 Protocol means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, being the Protocol as affected by any amendments (other than an amendment that has not entered force for Australia) made under Article VI of the Protocol.

the regulations, except in sections 33 and 34 or to the extent that the regulations provide otherwise, includes orders made under section 34.

this Act includes the regulations and orders made under section 34.

Tonnage Measurement Convention means the Tonnage Convention within the meaning of the Navigation Act 2012.

(1A) For the purposes of this Act, the sea near a State is:

(a) the part or parts of the territorial sea that are:

(i) within 3 nautical miles of the baseline of the territorial sea; and

(ii) adjacent to the State; and

(b) the waters of the sea that are on the landward side of that part or those parts of the territorial sea (including any waters of the sea that are within the limits of the State).

(1B) For the purposes of this Act, the sea near the Jervis Bay Territory is the sea in that Territory.

(1C) For the purposes of this Act, the sea near an external Territory is:

(a) the part or parts of the territorial sea that are:

(i) within 3 nautical miles of the baseline of the territorial sea; and

(ii) adjacent to the Territory; and

(b) the waters of the sea that are on the landward side of that part or those parts of the territorial sea (including waters of the sea that are within the limits of the Territory).

(1D) For the purposes of this Act, the outer territorial sea is the territorial sea other than the part or parts of the territorial sea that are:

(a) within 3 nautical miles of the baseline of the territorial sea; and

(b) adjacent to a State or an external Territory.

(1E) For the purposes of this Act, the laws of the Jervis Bay Territory are taken to include laws, other than this Act, in force in that Territory.

(2) A reference in a section of this Act to a prescribed officer is a reference to the Authority or such person, or the holder of such office in the Authority, as is prescribed for the purposes of that section.

(3) Except in so far as the contrary intention appears, an expression that is used in this Act and in the Convention, otherwise than in an annex to the Convention, (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, the same meaning as in the Convention.

(4) Where, at any time, the gross tonnage applicable to a ship has been determined otherwise than in accordance with the Tonnage Measurement Convention, then, in the application of this Act to the ship at that time, a reference in this Act to the gross tonnage of a ship not expressed in tons shall be taken to be a reference to the gross tonnage of the ship expressed in tons.

3A Authority may approve form

(1) The Authority may, in writing, approve a form for the purposes of a provision of this Act.

(2) An approval made under subsection (1) is not a legislative instrument.

4 Act to bind Crown

(1) This Act binds the Crown in each of its capacities.

(2) This Act does not make the Crown liable to be prosecuted for an offence.

(3) Subsection (2) does not affect any liability of any officer, employee or agent of the Commonwealth or of a State or Territory to be prosecuted for an offence.

5 Saving of other laws

(1) This Act shall be read and construed as being in addition to, and not in derogation of or in substitution for, any other law of the Commonwealth.

(2) This Act, other than sections 9, 11, 21, 22, 26AB, 26D, 26F, 26FEG, 26FEGA, 26FEL, 26FEN, 26FEO and 26FEP, shall be read and construed as being in addition to, and not in derogation of or in substitution for any law of a State or of an external Territory.

6 Operation of Act

This Act applies both within and outside Australia and extends to every external Territory and to the exclusive economic zone.

6A Act does not apply to certain naval or government ships

(1) This Act does not apply to, or in relation to, any of the following ships used for the time being only on government non‑commercial service:

(a) a warship or naval auxiliary;

(b) a ship (other than a warship or naval auxiliary) owned or operated by a State other than Australia.

(2) An expression that is used in subsection (1) of this section and in Article 3(3) of the Convention has, in that subsection, the same meaning as in that Article.

7 Application of the Criminal Code

Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part II—Prevention of pollution by oil

8 Interpretation

Except in so far as the contrary intention appears, an expression that is used in this Part and in Annex I to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex.

9 Prohibition of discharge of oil or oily mixtures into sea

(1B) Subject to subsections (2) and (4), if:

(a) oil or an oily mixture is discharged from a ship into the sea; and

(b) one of the following subparagraphs applies:

(i) the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulations 4, 15 and 34 of Annex I to the Convention in relation to the area of the sea where the discharge occurs;

(ia) the discharge occurs into the outer territorial sea;

(ii) the discharge occurs into the sea in the exclusive economic zone;

(iii) the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

the master, the charterer and the owner of the ship each commit an offence punishable, on conviction, by a fine not exceeding 20,000 penalty units.

(1C) An offence against subsection (1B) is an offence of strict liability.

(2) Subsection (1B) does not apply to the discharge of oil or of an oily mixture from a ship:

(d) if the oil or oily mixture, as the case may be, escaped from the ship in consequence of non‑intentional damage to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimizing the escape of oil or oily mixture, as the case may be; or

(e) in the case of an oily mixture, if the discharge was for the purpose of combating specific pollution incidents in order to minimize the damage from pollution and was approved by a prescribed officer and, where the discharge occurred in the jurisdiction of the government of a country other than Australia, by that government.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.

(3) For the purposes of paragraph (2)(d), damage to a ship or to its equipment is not non‑intentional damage if the damage:

(a) arose in circumstances where the master, the charterer or the owner of the ship:

(i) acted with intent to cause the damage; or

(ii) acted recklessly and with knowledge that the damage would probably result; or

(b) arose as a result of the negligence of the master, the charterer or the owner of the ship.

(3A) For the purposes of this section, damage to a ship or to its equipment does not include:

(a) deterioration resulting from failure to maintain the ship or equipment; or

(b) defects that develop during the normal operation of the ship or equipment.

(4) Without limiting the generality of subsection (2) but subject to subsection (5), subsection (1B) does not apply to:

(a) the discharge of oil or an oily mixture from a ship that is not within a special area and not in Arctic waters, if the following conditions are satisfied:

(i) the ship has a gross tonnage of equal to or greater than 400;

(ii) the ship is proceeding en route;

(iii) the oily mixture is processed using oil filtering equipment meeting the requirements under regulations made for the purposes of section 130 of the Navigation Act 2012;

(iv) the oil content of the effluent without dilution does not exceed 15 parts in 1,000,000 parts;

(v) if the ship is an oil tanker—the oily mixture does not originate from the cargo pump room bilges of the ship and is not mixed with oil cargo residues; and

(b) the discharge of oil or an oily mixture from a ship within a special area other than the Antarctic Area, if the following conditions are satisfied:

(i) the ship has a gross tonnage of equal to or greater than 400;

(ii) the ship is proceeding en route;

(iii) the oily mixture is processed using oil filtering equipment meeting the requirements under regulations made for the purposes of section 130 of the Navigation Act 2012;

(iv) the oil content of the effluent without dilution does not exceed 15 parts per 1,000,000 parts;

(v) if the ship is an oil tanker—the oily mixture does not originate from the cargo pump room bilges of the ship and is not mixed with oil cargo residues; and

(c) the discharge of oil or an oily mixture from a ship that is within an area (other than the Antarctic Area or Arctic waters), if the following conditions are satisfied:

(i) the ship has a gross tonnage of less than 400;

(ii) the ship is proceeding en route;

(iii) the ship has in operation equipment, of a kind that meets the requirements under regulations made for the purposes of section 130 of the Navigation Act 2012, that ensures that the oil content of the effluent without dilution does not exceed 15 parts in 1,000,000 parts;

(iv) if the ship is an oil tanker—the oily mixture does not originate from the cargo pump room bilges of the ship and is not mixed with oil cargo residues; and

(d) the discharge of oil or an oily mixture (other than washings contaminated with oil) from the cargo area of an oil tanker that is not within a special area and not in Arctic waters, if the following conditions are satisfied:

(i) the tanker has a gross tonnage of 150 or more;

(ii) the tanker is more than 50 nautical miles from the nearest land;

(iii) the tanker is proceeding en route;

(iv) the instantaneous rate of discharge of oil content does not exceed 30 litres per nautical mile;

(v) if the tanker is delivered on or before 31 December 1979—the total quantity of oil discharged into the sea does not exceed one part in 15,000 parts of the total quantity of the cargo of oil of which oil discharged formed a part;

(vi) if the tanker is delivered after 31 December 1979—the total quantity of oil discharged into the sea does not exceed one part in 30,000 parts of the total quantity of the cargo of oil of which oil discharged formed a part;

(vii) the tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required under regulations made for the purposes of section 130 of the Navigation Act 2012; and

(e) the discharge of washings contaminated with oil from an oil tanker that is not within a special area and not in Arctic waters, if the following conditions are satisfied:

(i) the tanker is more than 50 nautical miles from the nearest land;

(ii) the tanker is proceeding en route;

(iii) the instantaneous rate of discharge of oil content does not exceed 30 litres per nautical mile;

(iv) if the tanker is delivered on or before 31 December 1979—the total quantity of oil discharged into the sea does not exceed one part in 15,000 parts of the total quantity of the cargo of oil of which oil discharged formed a part;

(v) if the tanker is delivered after 31 December 1979—the total quantity of oil discharged into the sea does not exceed one part in 30,000 parts of the total quantity of the cargo of oil of which oil discharged formed a part;

(vi) the tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required under regulations made for the purposes of section 130 of the Navigation Act 2012; and

(f) the discharge of oil or an oily mixture from the cargo area of an oil tanker, either within or outside a special area, if the discharge is of clean or segregated ballast.

(5) A reference to an oily mixture in subsection (4) shall be read as not including a reference to an oily mixture that contains:

(a) chemicals or other substances in quantities or concentrations that are hazardous to the marine environment; or

(b) chemicals or other substances that have been introduced for the purpose of attempting to prevent the application of subsection (1) to the discharge of an oily mixture from a ship.

10 Prohibition of discharge of oil residues into sea

(3) If:

(a) an oil residue is discharged from an Australian ship into the sea; and

(b) such a discharge cannot occur without the commission of an offence against subsection 9(1B) or of an offence against a law of a State or Territory;

the master, the charterer and the owner of the ship each commit an offence punishable, on conviction, by a fine not exceeding 20,000 penalty units.

(4) An offence against subsection (3) is an offence of strict liability.

10A Prohibition of carriage or use of heavy grade oil on Australian ships in the Antarctic Area

(1) A person commits an offence if:

(a) the person is the master or owner of an Australian ship; and

(b) the person engages in conduct; and

(i) being carried as cargo in bulk; or

(ii) being used, or carried for use, as fuel; or

(iii) being used as ballast;

on the ship in the Antarctic Area.

Penalty: 2,000 penalty units.

(2) A person commits an offence if:

(a) the person is the master or owner of an Australian ship; and

(b) the person engages in conduct; and

(i) being carried as cargo in bulk; or

(ii) being used, or carried for use, as fuel; or

(iii) being used as ballast;

on the ship in the Antarctic Area.

Penalty: 500 penalty units.

(3) An offence against subsection (2) is an offence of strict liability.

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

(4) Subsections (1) and (2) do not apply to heavy grade oil that is carried or used as fuel, or used as ballast, on an Australian ship for the purpose of securing the safety of a ship or saving life at sea.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.

(5) If, at any time (whether before or after this section commences) before an Australian ship enters the Antarctic Area, heavy grade oil is carried or used as fuel, or used as ballast, on the ship, subsections (1) and (2) do not apply to any residue of the oil that is not cleaned or flushed from a tank or pipeline of the ship.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.

10B Prohibition of carriage or use of heavy grade oil on foreign ships in the Australian Antarctic Territory

(1) A person commits an offence if:

(a) the person is the master or owner of a foreign ship; and

(b) the person engages in conduct; and

(i) being carried as cargo in bulk; or

(ii) being used, or carried for use, as fuel; or

(iii) being used as ballast;

on the ship in the Australian Antarctic Territory.

Penalty: 2,000 penalty units.

(2) A person commits an offence if:

(a) the person is the master or owner of a foreign ship; and

(b) the person engages in conduct; and

(i) being carried as cargo in bulk; or

(ii) being used, or carried for use, as fuel; or

(iii) being used as ballast;

on the ship in the Australian Antarctic Territory.

Penalty: 500 penalty units.

(3) An offence against subsection (2) is an offence of strict liability.

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

(4) Subsections (1) and (2) do not apply to heavy grade oil that is carried or used as fuel, or used as ballast, on a foreign ship for the purpose of securing the safety of a ship or saving life at sea.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.

(5) If, at any time (whether before or after this section commences) before a foreign ship enters the Australian Antarctic Territory, heavy grade oil is carried or used as fuel, or used as ballast, on the ship, subsections (1) and (2) do not apply to any residue of the oil that is not cleaned or flushed from a tank or pipeline of the ship.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.

11 Duty to report certain incidents involving oil or oily mixture

(1) Where a prescribed incident occurs in relation to a ship, the master of the ship shall, without delay, notify, in the prescribed manner:

(a) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred—a prescribed officer; or

(b) where a foreign country is the nearest coastal State to that place—the government of that foreign country;

of the incident.

Penalty: 500 penalty units.

(2) Subsection (1) does not apply in relation to a prescribed incident in relation to a ship if the master of the ship was unable to comply with the subsection in relation to the incident.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.

(3) Where a prescribed incident occurs in relation to a ship and:

(a) the master of the ship fails to comply with subsection (1) (whether or not the master is able to comply with that subsection) in relation to the incident; or

(b) the incident occurs in circumstances in which the ship is abandoned;

the owner, charterer, manager or operator of the ship or an agent of the owner, charterer, manager or operator of the ship shall, without delay, notify, in the prescribed manner:

(c) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred—a prescribed officer; or

(d) where a foreign country is the nearest coastal State to that place—the government of that foreign country;

of the incident, and, if a prescribed officer or a government, as the case may be, is not so notified, each of those persons commits an offence punishable, upon conviction, by a fine not exceeding 500 penalty units.

(3A) An offence under subsection (3) is an offence of strict liability.

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

(4) Subsection (3) does not apply to a person in relation to a prescribed incident in relation to a ship if:

(a) the person was not aware of the incident; or

(b) in the case of a prescribed incident to which paragraph (3)(a) applies—the person neither knew nor suspected that the master of the ship had not complied with subsection (1) in relation to the incident.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.

(5) Subsection (4) shall not be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (3).

(6) A master of a ship who, pursuant to subsection (1), has notified a prescribed officer or a government of the occurrence of a prescribed incident shall, if so requested by a prescribed officer or that government, as the case may be, furnish, within the prescribed time, a report to a prescribed officer or that government, as the case may be, in relation to the incident in accordance with the prescribed form.

Penalty: 200 penalty units.

(7) Where subsection (3) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that subsection, has notified a prescribed officer or a government of the occurrence of the prescribed incident shall, if so requested by a prescribed officer or that government, as the case may be, furnish, within the prescribed time, a report to a prescribed officer or that government, as the case may be, in relation to the incident in accordance with the prescribed form.

Penalty: 200 penalty units.

(8) A person shall not, in a notice given to a prescribed officer or a government pursuant to subsection (1) or (3) or in a report furnished to a prescribed officer or a government pursuant to subsection (6) or (7), make a statement that is false or misleading in a material particular.

Penalty: 200 penalty units.

(9) This section does not apply in relation to a prescribed incident, in relation to a ship, that occurs in the sea near a State, the Jervis Bay Territory or an external Territory to the extent that a law of that State or Territory makes provision giving effect to Protocol I to the Convention in relation to that prescribed incident.

Note: A defendant bears an evidential burden in relation to the matter in subsection (9): see subsection 13.3(3) of the Criminal Code.

(9A) This section does not apply in relation to a prescribed incident that occurs in relation to a foreign ship if the incident occurs outside the following:

(a) the sea near a State;

(b) the sea near the Jervis Bay Territory;

(d) the outer territorial sea;

(e) the exclusive economic zone.

Note: A defendant bears an evidential burden in relation to the matter in subsection (9A): see subsection 13.3(3) of the Criminal Code.

(10) In this section:

prescribed incident, in relation to a ship, means:

(a) an incident involving a discharge from the ship of oil or an oily mixture, not being a discharge to which subsection 9(4) applies; or

(b) an incident involving the probability of a discharge from the ship of oil or an oily mixture, not being a discharge to which subsection 9(4) would apply; or

(c) if the ship is 15 metres or more in length—an incident (including, but not limited to, collision, grounding, fire, explosion, structural failure, flooding and cargo shifting) involving damage, failure or breakdown that affects the safety of the ship; or

(d) if the ship is 15 metres or more in length—an incident (including, but not limited to, failure or breakdown of steering gear, propulsion plant, electrical generating system and essential shipborne navigational aids) involving damage, failure or breakdown that impairs the safety of navigation of the ship.

11A Shipboard oil pollution emergency plan

(1) This section applies to:

(a) an Australian ship (whether an oil tanker or not) that has a gross tonnage of 400 or more; and

(b) an Australian ship that is an oil tanker with a gross tonnage of less than 400 but not less than 150.

(2) In this section:

prescribed incident, in relation to a ship, has the same meaning as in section 11.

(3) There must be kept on board a ship to which this section applies a shipboard oil pollution emergency plan written in the working language of the master of, and the officers on board, the ship.

(4) A shipboard oil pollution emergency plan must be in accordance with the prescribed form and set out the following particulars:

(a) the procedure to be followed by the master, or any other person having charge, of the ship in notifying a prescribed incident in relation to the ship;

(b) a list of the authorities or persons that are to be notified by persons on the ship if a prescribed incident occurs in relation to the ship;

(c) a detailed description of the action to be taken, immediately after a prescribed incident, by persons on board the ship to reduce or control any discharge from the ship resulting from the incident;

(d) the procedures to be followed for co‑ordinating with the authorities or persons that have been contacted (whether in Australia or in a country near to the place where the incident occurred) any action taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made.

(5) The procedure referred to in paragraph (4)(a) must be in accordance with the regulations prescribing, for the purposes of subsection 11(1), the manner in which a prescribed incident is to be notified.

(6) Subsection (4) does not prevent other relevant particulars from being included in the shipboard oil pollution emergency plan.

(7) If a ship to which this section applies does not have on board a shipboard oil pollution emergency plan, the master of the ship and the owner of the ship each commit an offence punishable on conviction by a fine not exceeding 500 penalty units.

(8) An offence under subsection (7) is an offence of strict liability.

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

11B Transfer of oil cargo between oil tankers—transfer to be in accordance with ship‑to‑ship operations plan

(1) A person commits an offence if:

(a) the person is the master of an oil tanker (the subject oil tanker); and

(b) the subject oil tanker has a gross tonnage of 150 or more; and

(c) the subject oil tanker is engaged in the transfer of oil cargo with another oil tanker that has a gross tonnage of 150 or more; and

(d) one of the following subparagraphs applies:

(i) the transfer occurs while the subject oil tanker is in the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulation 41 of Annex I to the Convention in relation to the area of the sea where the transfer occurs;

(ia) the transfer occurs while the subject oil tanker is in the outer territorial sea;

(ii) the transfer occurs while the subject oil tanker is in the exclusive economic zone;

(iii) the transfer occurs while the subject oil tanker is beyond the exclusive economic zone and the subject oil tanker is an Australian ship; and

(e) the transfer is not in accordance with the subject oil tanker’s ship‑to‑ship operations plan.

Penalty: 200 penalty units.

(2) For the purposes of this section, a ship‑to‑ship operations plan for an oil tanker is:

(a) if the oil tanker is an Australian ship—a plan:

(i) that is in accordance with the appropriate prescribed form; and

(ii) that is written in the working language of the master of, and the officers on board, the oil tanker; or

(b) otherwise—a plan referred to in paragraph 1 of Regulation 41 of Annex I to the Convention.

Exception

(3) Subsection (1) does not apply if the transfer is described in paragraph 2, 3, 4 or 5 of Regulation 40 of Annex I to the Convention.

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

11C Transfer of oil cargo between oil tankers in Australian waters—qualified person to be in control

(1) A person commits an offence if:

(a) an oil tanker (the subject oil tanker) has a gross tonnage of 150 or more; and

(b) the subject oil tanker is engaged in the transfer of oil cargo with another oil tanker that has a gross tonnage of 150 or more; and

(ia) the transfer occurs while the subject oil tanker is in the outer territorial sea;

(ii) the transfer occurs while the subject oil tanker is in the exclusive economic zone; and

(d) the person has overall advisory control of the transfer; and

(e) the person is not the master of either oil tanker; and

(f) the person does not satisfy the qualification requirements prescribed by the regulations.

Penalty: 60 penalty units.

Strict liability offence

(2) An offence against subsection (1) is an offence of strict liability.

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

Exception

(3) Subsection (1) does not apply if the transfer is described in paragraph 2, 3, 4 or 5 of Regulation 40 of Annex I to the Convention.

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

11D Transfer of oil cargo involving an Australian ship—ship‑to‑ship operations plan to be carried

(1) The master and the owner of an oil tanker (the subject oil tanker) each commit an offence if:

(a) the subject oil tanker has a gross tonnage of 150 or more; and

(b) the subject oil tanker is an Australian ship; and

(c) the subject oil tanker is engaged in the transfer of oil cargo with another oil tanker that has a gross tonnage of 150 or more; and

(d) while the transfer occurs, the subject oil tanker does not carry the subject oil tanker’s ship‑to‑ship operations plan.

Penalty: 500 penalty units.

(2) For the purposes of this section, a ship‑to‑ship operations plan for an oil tanker is a plan:

(a) that is in accordance with the appropriate prescribed form; and

(b) that is written in the working language of the master of, and the officers on board, the oil tanker.

Exception

(3) Subsection (1) does not apply if the transfer is described in paragraph 2, 3, 4 or 5 of Regulation 40 of Annex I to the Convention.

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

11E Transfer of oil cargo involving an Australian ship—making and retaining record of transfer

Offence—failure to make record

(1) A person commits an offence if:

(a) the person is the master of an oil tanker (the subject oil tanker); and

(b) the subject oil tanker has a gross tonnage of 150 or more; and

(d) the subject oil tanker is engaged in the transfer of oil cargo with another oil tanker that has a gross tonnage of 150 or more; and

(e) the person does not cause a ship‑to‑ship record to be made of the transfer as soon as is practicable in the circumstances.

Penalty: 200 penalty units.

Offence—failure to retain record etc.

(2) The master and the owner of an oil tanker (the subject oil tanker) each commit an offence if:

(a) the subject oil tanker has a gross tonnage of 150 or more; and

(b) the subject oil tanker is an Australian ship; and

(c) the subject oil tanker is engaged in the transfer of oil cargo with another oil tanker that has a gross tonnage of 150 or more; and

(d) either:

(i) a ship‑to‑ship record of the transfer is not retained in the subject oil tanker until the end of 3 years beginning on the day the record is made; or

(ii) a ship‑to‑ship record of the transfer is not readily available for inspection by an inspector at all reasonable times during that period.

Penalty: 60 penalty units.

Ship‑to‑ship record

(3) For the purposes of this section, a ship‑to‑ship record is a written record that contains the information prescribed by the regulations for the purposes of this subsection.

Strict liability offence

(4) An offence against subsection (2) is an offence of strict liability.

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

Exception

(5) Subsection (1) or (2) does not apply if the transfer is described in paragraph 2, 3, 4 or 5 of Regulation 40 of Annex I to the Convention.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.

11F Transfer of oil cargo between oil tankers in Australian waters—notification of transfer

Main offence

(1) A person commits an offence if:

(a) the person is the master of an oil tanker (the subject oil tanker); and

(b) the subject oil tanker has a gross tonnage of 150 or more; and

(c) the subject oil tanker is engaged in the transfer of oil cargo with another oil tanker that has a gross tonnage of 150 or more; and

(d) one of the following subparagraphs applies:

(i) the transfer occurs while the subject oil tanker is in the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulation 42 of Annex I to the Convention in relation to the area of the sea where the transfer occurs;

(ia) the transfer occurs while the subject oil tanker is in the outer territorial sea;

(ii) the transfer occurs while the subject oil tanker is in the exclusive economic zone; and

(e) if the ship‑to‑ship transfer information was available to the person at least 48 hours before the transfer began—either or both of the following subparagraphs apply:

(i) the person did not notify a prescribed officer, in the manner prescribed by the regulations, of the transfer at least 48 hours before the transfer began;

(ii) the person did not notify a prescribed officer, in the manner prescribed by the regulations, of that information at least 48 hours before the transfer began; and

(f) if the ship‑to‑ship transfer information was not available to the person at least 48 hours before the transfer began—either or both of the following subparagraphs apply:

(i) the person did not notify a prescribed officer, in the manner prescribed by the regulations, of the transfer at least 48 hours before the transfer began;

(ii) the person did not notify a prescribed officer, in the manner prescribed by the regulations, of that information before the transfer began.

Penalty: 200 penalty units.

Offence—failure to notify change of arrival time

(2) A person commits an offence if:

(a) the person is the master of an oil tanker (the subject oil tanker); and

(b) the subject oil tanker has a gross tonnage of 150 or more; and

(c) the subject oil tanker is engaged in the transfer of oil cargo with another oil tanker that has a gross tonnage of 150 or more; and

(d) one of the following subparagraphs applies:

(i) the transfer occurs while the subject oil tanker is in the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulation 42 of Annex I to the Convention in relation to the area of the sea where the transfer occurs;

(ia) the transfer occurs while the subject oil tanker is in the outer territorial sea;

(ii) the transfer occurs while the subject oil tanker is in the exclusive economic zone; and

(e) the person notified a prescribed officer, in the manner prescribed by the regulations, of the transfer, and of the ship‑to‑ship transfer information, at least 48 hours before the transfer began; and

(f) after the notification referred to in paragraph (e), the estimated time of arrival of the subject oil tanker at the location for the transfer changed by more than 6 hours; and

(g) the person did not notify a prescribed officer, in the manner prescribed by the regulations, of the new estimated time of arrival within 2 hours of the person becoming aware of the new estimated time of arrival.

Penalty: 60 penalty units.

Ship‑to‑ship transfer information

(3) For the purposes of this section, ship‑to‑ship transfer information is information prescribed by the regulations for the purposes of this subsection.

Strict liability offence

(4) An offence against subsection (2) is an offence of strict liability.

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

Exception

(5) Subsection (1) or (2) does not apply if the transfer is described in paragraph 2, 3, 4 or 5 of Regulation 40 of Annex I to the Convention.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.

11G Transfer of oil cargo between oil tankers outside Australian waters—notification of transfer

Main offence

(1) A person commits an offence if:

(a) the person is the master of an oil tanker (the subject oil tanker); and

(b) the subject oil tanker has a gross tonnage of 150 or more; and

(d) the subject oil tanker is engaged in the transfer of oil cargo with another oil tanker that has a gross tonnage of 150 or more; and

(e) the transfer occurs while the subject oil tanker is in the territorial sea, or in the exclusive economic zone, of a foreign country that is a party to the Convention; and

(f) if the ship‑to‑ship transfer information was available to the person at least 48 hours before the transfer began—either or both of the following subparagraphs apply:

(i) the person did not notify the government of that foreign country, in the manner prescribed by the regulations, of the transfer at least 48 hours before the transfer began;

(ii) the person did not notify the government of that foreign country, in the manner prescribed by the regulations, of that information at least 48 hours before the transfer began; and

(g) if the ship‑to‑ship transfer information was not available to the person at least 48 hours before the transfer began—either or both of the following subparagraphs apply:

(i) the person did not notify the government of that foreign country, in the manner prescribed by the regulations, of the transfer at least 48 hours before the transfer began;

(ii) the person did not notify the government of that foreign country, in the manner prescribed by the regulations, of that information before the transfer began.

Penalty: 200 penalty units.

Offence—failure to notify change of arrival time

(2) A person commits an offence if:

(a) the person is the master of an oil tanker (the subject oil tanker); and

(b) the subject oil tanker has a gross tonnage of 150 or more; and

(d) the subject oil tanker is engaged in the transfer of oil cargo with another oil tanker that has a gross tonnage of 150 or more; and

(e) the transfer occurs while the subject oil tanker is in the territorial sea, or in the exclusive economic zone, of a foreign country that is a party to the Convention; and

(f) the person notified the government of that foreign country, in the manner prescribed by the regulations, of the transfer, and of the ship‑to‑ship transfer information, at least 48 hours before the transfer began; and

(g) after the notification referred to in paragraph (f), the estimated time of arrival of the subject oil tanker at the location for the transfer changed by more than 6 hours; and

(h) the person did not notify the government of that foreign country, in the manner prescribed by the regulations, of the new estimated time of arrival within 2 hours of the person becoming aware of the new estimated time of arrival.

Penalty: 60 penalty units.

Ship‑to‑ship transfer information

(3) For the purposes of this section, ship‑to‑ship transfer information is information prescribed by the regulations for the purposes of this subsection.

Strict liability offence

(4) An offence against subsection (2) is an offence of strict liability.

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

Exception

(5) Subsection (1) or (2) does not apply if the transfer is described in paragraph 2, 3, 4 or 5 of Regulation 40 of Annex I to the Convention.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.

Definitions

(6) In this section:

exclusive economic zone has the same meaning as in the Seas and Submerged Lands Act 1973.

territorial sea has the same meaning as in the Seas and Submerged Lands Act 1973.

12 Oil record book

(1) This section applies to an Australian ship that:

(a) is an oil tanker; or

(b) has a gross tonnage of 400 or more and is not an oil tanker.

(2) Every ship to which this section applies shall carry such oil record books as are required by the regulations to be carried on the ship.

(3) An oil record book shall be in accordance with the appropriate prescribed form with provision made for a signature, in accordance with subsection (6), in relation to each entry made in it and for a signature, in accordance with subsection (7), in relation to each page of it.

(4) Where a ship to which this section applies does not carry an oil record book as required by this section, the master and the owner of the ship each commit an offence punishable, upon conviction, by a fine not exceeding 200 penalty units.

(4A) An offence under subsection (4) is an offence of strict liability.

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

(5) Whenever a prescribed operation or prescribed occurrence is carried out or occurs in, or in relation to, a ship to which this section applies, the master of the ship shall cause appropriate entries to be made without delay in the ship’s oil record book, being entries in accordance with subsection (6).

Penalty: 200 penalty units.

(6) An entry in a ship’s oil record book:

(a) shall be made in the English language; and

(b) must be signed by the officer in charge of the prescribed operation or prescribed occurrence.

(7) Where a page of a ship’s oil record book is completed, the master of the ship shall, without delay, sign the page.

Penalty for a contravention of this subsection: 200 penalty units.

13 False entries in oil record book

A person shall not make, in an oil record book of a ship to which section 12 applies, an entry that is false or misleading in a material particular.

Penalty: 200 penalty units.

14 Oil record book to be retained

(1) An oil record book of a ship to which section 12 applies shall be retained in the ship until the expiration of a period of one year after the day on which the last entry was made in the book and shall be readily available for inspection at all reasonable times.

(2) Where an oil record book is not retained in a ship in accordance with subsection (1), the master and the owner of the ship each commit an offence punishable, upon conviction, by a fine not exceeding 200 penalty units.

(2A) An offence under subsection (2) is an offence of strict liability.

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

(3) The owner of a ship to which section 12 applies shall cause each of the ship’s oil record books to be retained:

(a) in the ship; or

(b) at the registered office of the owner;

until the expiration of the period of 2 years next following the expiration of the period during which the book is required to be retained in the ship by virtue of subsection (1) and shall be readily available for inspection at all reasonable times.

Penalty: 200 penalty units.

(5) The owner of a ship to which section 12 applies who resides in Australia, or has an office or agent in Australia, may from time to time furnish to a prescribed officer notice, in writing, of an address, being the address of:

(a) the place at which he or she so resides;

(b) his or her office in Australia or, if he or she has more than one office in Australia, his or her principal office in Australia; or

(c) the office or place of residence of his or her agent or, if his or her agent has more than one office in Australia, the principal office in Australia of his or her agent;

and the place or office of which an address is furnished for the time being under this subsection is the registered office of the owner of the ship for the purposes of subsection (3).

(6) Where the owner of a ship to which section 12 applies does not reside in Australia and does not have an office or agent in Australia, the owner may deposit an oil record book of the ship with a prescribed officer and, while the book is so deposited, the book shall, for the purposes of subsection (3), be deemed to be retained at the registered office of the owner.

14A Power to require discharge of oil or oily mixture at a reception facility

(1) A prescribed officer may require the owner or master of a ship, by written notice given to the owner or master, as the case may be, to cause a specified quantity of oil or of an oily mixture to be discharged within a specified period from the ship to a specified facility that is suitable to receive that quantity of the oil or oily mixture if the officer has reason to believe that retention of the oil or oily mixture would create a risk of discharge from the ship into the sea.

(2) The owner or master of a ship to whom a notice is given under subsection (1) must comply with the notice.

Penalty: 500 penalty units.

Part III—Prevention of pollution by noxious substances

15 Interpretation

(1) In this Part:

Annex II means Annex II to the Convention.

mixture includes ballast water, tank washings and other residues.

oil has the same meaning as it has in Part II.

Procedures and Arrangements Manual means a manual that:

(a) contains the matters set out in appendix 4 of Annex II; and

(b) is in accordance with the approved form.

(2) Except in so far as the contrary intention appears, an expression that is used in this Part and in Annex II (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex.

16 Application of Act to mixture of oil and liquid substance

Where a mixture contains oil and a liquid substance or oil and liquid substances, Part II and this Part apply in relation to the mixture.

17 Prohibition of carriage of substances that have not been categorized or provisionally assessed

(1) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct results in a liquid substance, or a mixture containing a liquid substance, being carried as cargo or part cargo in bulk on an Australian ship; and

(d) the substance has not been categorized in accordance with regulation 6.1 of Annex II; and

(e) the substance has not been provisionally assessed in accordance with regulation 6.3 of Annex II; and

(f) the substance is being carried while one of the following subparagraphs applies:

(i) the ship is in the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to regulation 13.1.3 of Annex II in relation to the area of the sea where the substance is being carried;

(ia) the ship is in the outer territorial sea;

(ii) the ship is in the exclusive economic zone;

(iii) the ship is beyond the exclusive economic zone.

Penalty: 200 penalty units.

(2) The master and the owner of an Australian ship each commit an offence if:

(a) a liquid substance, or a mixture containing a liquid substance, is carried as cargo or part cargo in bulk on the ship; and

(b) the substance has not been categorized in accordance with regulation 6.1 of Annex II; and

(d) the substance is carried while one of the following subparagraphs applies:

(ia) the ship is in the outer territorial sea;

(ii) the ship is in the exclusive economic zone;

(iii) the ship is beyond the exclusive economic zone.

Penalty: 60 penalty units.

(3) An offence under subsection (2) is an offence of strict liability.

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

21 Prohibition of discharge of substances into the sea

Ordinary offence

(1) If:

(a) a person engages in conduct that causes a discharge of a liquid substance, or of a mixture containing a liquid substance, being a substance or mixture carried as cargo or part cargo in bulk, from a ship into the sea; and

(b) the person is reckless or negligent as to causing the discharge by that conduct; and

(i) the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to regulations 3, 6 and 13 of Annex II to the Convention in relation to the area of the sea where the discharge occurs;

(ia) the discharge occurs into the outer territorial sea;

(ii) the discharge occurs into the sea in the exclusive economic zone;

(iii) the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

the person commits an offence punishable, on conviction, by a fine not exceeding 2,000 penalty units.

Strict liability offence

(1B) Subject to subsections (2) and (4) to (11), if:

(a) a liquid substance, or a mixture containing a liquid substance, being a substance or mixture carried as cargo or part cargo in bulk is discharged from a ship into the sea; and

(b) one of the following subparagraphs applies:

(i) the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to regulations 3, 6 and 13 of Annex II to the Convention in relation to the area of the sea where the discharge occurs;

(ia) the discharge occurs into the outer territorial sea;

(ii) the discharge occurs into the sea in the exclusive economic zone;

(iii) the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

the master and the owner of the ship each commit an offence punishable, on conviction, by a fine not exceeding 500 penalty units.

(1C) An offence against subsection (1B) is an offence of strict liability.

Exception for emergencies

(2) Subsection (1B) does not apply to the discharge of a liquid substance or a mixture from a ship:

(d) if the substance or the mixture, as the case may be, escaped from the ship in consequence of non‑intentional damage to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimizing the escape of the substance or the mixture, as the case may be; or

(e) if the discharge was for the purpose of combating specific pollution incidents in order to minimize the damage from pollution and was approved by a prescribed officer and, where the discharge occurred in the jurisdiction of the government of a country other than Australia, by that government.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.

(3) For the purposes of subsection (2), damage to a ship or to its equipment is not non‑intentional damage if the damage:

(a) arose in circumstances where the master or owner of the ship:

(i) acted with intent to cause the damage; or

(ii) acted recklessly and with knowledge that the damage would probably result; or

(b) arose as a result of the negligence of the master or owner of the ship.

(3A) For the purposes of this section, damage to a ship or to its equipment does not include:

(a) deterioration resulting from failure to maintain the ship or equipment; or

(b) defects that develop during the normal operation of the ship or equipment.

Substance in Category X

(4) Subject to subsection (12), if:

(a) the tank of a ship that held a substance in Category X or a mixture containing a substance in Category X has been:

(i) emptied to the maximum extent in accordance with procedures in the Procedures and Arrangements Manual; and

(ii) washed in accordance with regulations made for the purposes of section 26; and

(b) the resulting residues in the tank have been discharged to a reception facility until the concentration of that substance in the effluent to that facility is, in the opinion of an inspector, at or below the residual concentration prescribed for that substance in regulation 13.6.1 of Annex II and until the tank is empty; and

subsection (1B) does not apply to the discharge from the ship of the water containing that residue if the following conditions are satisfied:

(d) the discharge is made when the ship is proceeding en route at a speed of:

(i) at least 7 knots, if the ship is self‑propelled; or

(ii) at least 4 knots, if the ship is not self‑propelled;

(e) the discharge is made below the ship’s waterline through the ship’s underwater discharge outlets at a rate not exceeding the maximum rate for which each underwater discharge outlet is designed;

(f) the discharge is made when the ship is at least 12 nautical miles from the nearest land and is in water at least 25 metres deep.

Note: A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code).

High‑viscosity or solidifying substance in Category Y

(5) Subject to subsection (12), if:

(a) the tank of a ship that held:

(i) a high‑viscosity or solidifying substance in Category Y; or

(ii) a mixture containing a high‑viscosity or solidifying substance in Category Y (except a mixture containing a substance in Category X);

has been:

(iii) emptied to the maximum extent in accordance with procedures in the Procedures and Arrangements Manual; and

(iv) washed in accordance with regulations made for the purposes of section 26; and

(b) the resulting residues in the tank have been discharged to a reception facility until the tank is empty; and

subsection (1B) does not apply to the discharge into the sea of the water containing that residue if the following conditions are satisfied:

(d) the discharge is made when the ship is proceeding en route at a speed of:

(i) at least 7 knots, if the ship is self‑propelled; or

(ii) at least 4 knots, if the ship is not self‑propelled;

(f) the discharge is made when the ship is at least 12 nautical miles from the nearest land and is in water at least 25 metres deep.

Note: A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).

Other substances in Category Y

(6) Subject to subsection (12), if the tank of a ship that held:

(a) a substance in Category Y (except a substance in Category Y referred to in subsection (5)); or

(b) a mixture containing a substance in Category Y (except a substance in Category Y referred to in subsection (5)) except a mixture containing a substance in Category X;

has been emptied to the maximum extent in accordance with the procedures in the Procedures and Arrangements Manual, subsection (1B) does not apply to the discharge into the sea of any residue of that substance or mixture if the following conditions are satisfied:

(i) at least 7 knots, if the ship is self‑propelled; or

(ii) at least 4 knots, if the ship is not self‑propelled;

(d) the discharge is made below the ship’s waterline through the ship’s underwater discharge outlets at a rate not exceeding the maximum rate for which each underwater discharge outlet is designed;

(e) the discharge is made when the ship is at least 12 nautical miles from the nearest land and is in water at least 25 metres deep.

Note: A defendant bears an evidential burden in relation to the matters in subsection (6) (see subsection 13.3(3) of the Criminal Code).

Substances in Category Z—ship constructed before 1 January 2007

(7) Subject to subsection (12), if:

(a) a ship was constructed before 1 January 2007; and

(b) the ship’s tank held a substance in Category Z or a mixture containing a substance in Category Z; and

(c) the tank has been emptied to the maximum extent in accordance with the procedures in the Procedures and Arrangements Manual;

subsection (1B) does not apply to the discharge into the sea of any residue of that substance or mixture if the following conditions are satisfied:

(d) the discharge is made when the ship is proceeding en route at a speed of:

(i) at least 7 knots, if the ship is self‑propelled; or

(ii) at least 4 knots, if the ship is not self‑propelled;

(e) the discharge is made when the ship is at least 12 nautical miles from the nearest land and is in water at least 25 metres deep.

Note: A defendant bears an evidential burden in relation to the matters in subsection (7) (see subsection 13.3(3) of the Criminal Code).

Substances in Category Z—ship constructed on or after 1 January 2007

(8) Subject to subsection (12), if:

(a) a ship is constructed on or after 1 January 2007; and

(b) the ship’s tank held a substance in Category Z or a mixture containing a substance in Category Z; and

(c) the tank has been emptied to the maximum extent in accordance with the procedures in the Procedures and Arrangements Manual;

subsection (1B) does not apply to the discharge into the sea of any residue of that substance or mixture if the following conditions are satisfied:

(d) the discharge is made when the ship is proceeding en route at a speed of:

(i) at least 7 knots, if the ship is self‑propelled; or

(ii) at least 4 knots, if the ship is not self‑propelled;

(f) the discharge is made when the ship is at least 12 nautical miles from the nearest land;

(g) the discharge is made when the ship is in water at least 25 metres deep.

Note: A defendant bears an evidential burden in relation to the matters in subsection (8) (see subsection 13.3(3) of the Criminal Code).

(9) On application to the Authority in the approved form, the Authority may, in accordance with the regulations, waive the condition in paragraph (8)(f). The Authority must give written notice of a waiver to the applicant. The notice must specify the particular ship, substance in Category Z, and prescribed voyage, for which the condition is waived.

Discharge of bilge water etc.

(10) Subsection (1B) does not apply to the discharge from a ship of bilge water, or of a mixture resulting from tank cleaning or de‑ballasting operations, that contains one or more liquid substances referred to in regulation 6.1.4 of Annex II but does not contain any other liquid substance.

Note: A defendant bears an evidential burden in relation to the matters in subsection (10) (see subsection 13.3(3) of the Criminal Code).

Discharge of clean ballast or segregated ballast

(11) Subsection (1B) does not apply to the discharge from a ship of clean ballast or segregated ballast.

Note: A defendant bears an evidential burden in relation to the matters in subsection (11) (see subsection 13.3(3) of the Criminal Code).

Subsections (4) to (9) do not apply to a mixture that contains no noxious liquid substance

(12) Subsections (4) to (9) do not apply in relation to a mixture that contains a liquid substance that is neither a noxious liquid substance nor a liquid substance referred to in regulation 6.1.4 of Annex II.

Subsections (4) to (9) do not apply to discharges in Antarctic Area or Arctic waters

(13) Subsections (4) to (9) do not apply to the discharge from a ship of noxious liquid substances, or mixtures containing noxious liquid substances, in the Antarctic Area or Arctic waters.

No limitations on generality of subsections

(14) Nothing in subsections (2) to (11) limits the generality of any of those subsections.

Inspector

(15) In this section:

inspector includes a surveyor appointed or authorized by the Government of a country that is a Party to the Convention for the purpose of implementing regulation 16 of Annex II.

21A Procedures and Arrangements Manual

(1) The master and the owner of an Australian ship each commit an offence if:

(a) a chemical tanker construction certificate under regulations made for the purposes of section 130 of the Navigation Act 2012 is in force in respect of the ship; and

(b) the ship does not have on board a copy of the Procedures and Arrangements Manual written in English.

Penalty: 60 penalty units.

(2) The master and the owner of a foreign ship each commit an offence if:

(a) a chemical tanker construction certificate under regulations made for the purposes of section 130 of the Navigation Act 2012 is in force in respect of the ship; and

(b) the ship does not have on board:

(i) a copy of the Procedures and Arrangements Manual written in the official language, or one of the official languages, of the country whose flag the ship is entitled to fly; and

(ii) if none of those languages is English, Spanish or French—a translation of the Procedures and Arrangements Manual into one of those languages.

Penalty: 60 penalty units.

(3) An offence against subsection (1) or (2) is an offence of strict liability.

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

22 Duty to report certain incidents involving certain substances