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Act No. 41 of 1983 as amended, taking into account amendments up to Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers) Act 2011
An Act relating to the prevention of pollution from ships
Administered by: Infrastructure and Transport
Registered 16 Aug 2011
Start Date 05 Aug 2011
End Date 04 Dec 2011

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

Act No. 41 of 1983 as amended

This compilation was prepared on 11 August 2011
taking into account amendments up to Act No. 90 of 2011

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

  

  

  


Contents

Part I—Preliminary                                                                                                              1

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement [see Note 1].............................................................. 1

3............ Interpretation....................................................................................... 1

3A......... Authority may approve form............................................................... 4

4............ Act to bind Crown.............................................................................. 4

5............ Saving of other laws........................................................................... 4

6............ Operation of Act................................................................................. 4

7............ Application of the Criminal Code....................................................... 4

Part II—Prevention of pollution by oil                                                                     5

8............ Interpretation....................................................................................... 5

9............ Prohibition of discharge of oil or oily mixtures into sea...................... 5

10.......... Prohibition of discharge of oil residues into sea.................................. 9

11.......... Duty to report certain incidents involving oil or oily mixture............ 10

11A....... Shipboard oil pollution emergency plan............................................ 13

11B....... Transfer of oil cargo between oil tankers—transfer to be in accordance with ship‑to‑ship operations plan              14

11C....... Transfer of oil cargo between oil tankers in Australian waters—qualified person to be in control           15

11D....... Transfer of oil cargo involving an Australian ship—ship‑to‑ship operations plan to be carried               16

11E........ Transfer of oil cargo involving an Australian ship—making and retaining record of transfer  17

11F........ Transfer of oil cargo between oil tankers in Australian waters—notification of transfer          18

11G....... Transfer of oil cargo between oil tankers outside Australian waters—notification of transfer  21

12.......... Oil record book................................................................................. 23

13.......... False entries in oil record book......................................................... 24

14.......... Oil record book to be retained........................................................... 24

14A....... Power to require discharge of oil or oily mixture at a reception facility 25

Part III—Prevention of pollution by noxious substances                            27

15.......... Interpretation..................................................................................... 27

16.......... Application of Act to mixture of oil and liquid substance................. 27

17.......... Prohibition of carriage of substances that have not been categorized or provisionally assessed               27

21.......... Prohibition of discharge of substances into the sea........................... 29

21A....... Procedures and Arrangements Manual............................................. 36

22.......... Duty to report certain incidents involving certain substances............ 37

22A....... Shipboard marine pollution emergency plan for noxious liquid substances             40

23.......... Cargo record book............................................................................ 41

24.......... False entries in cargo record book..................................................... 42

25.......... Cargo record book to be retained...................................................... 42

26.......... Cleaning of tanks of ships................................................................. 43

26AA.... Power to require discharge of a liquid substance or a mixture containing a liquid substance at a reception facility  44

Part IIIA—Prevention of pollution by packaged harmful substances 45

26A....... Interpretation..................................................................................... 45

26AB.... Prohibition of discharge by jettisoning of harmful substances into the sea               45

26B....... Duty to report certain incidents involving harmful substances.......... 47

Part IIIB—Prevention of pollution by sewage                                                   51

Division 1—Discharge of sewage in the Antarctic Area                         51

26BA.... Interpretation..................................................................................... 51

26BB..... Object of Division............................................................................. 51

26BC..... Prohibition of discharge of sewage................................................... 51

Division 2—Discharge of sewage in other sea areas                                 53

26C....... Interpretation..................................................................................... 53

26CA.... Object of Division............................................................................. 53

26D....... Prohibition of discharge of sewage into the sea................................ 53

26DAA. Power to require discharge of sewage at a reception facility............. 56

26DA.... Operation of Division....................................................................... 56

Part IIIC—Prevention of pollution by garbage                                                57

26E........ Interpretation..................................................................................... 57

26EAA.. Overseas voyages............................................................................. 57

26EA..... Object of Part.................................................................................... 57

26F........ Prohibition of disposal of garbage into the sea.................................. 58

26FA..... Garbage record book......................................................................... 61

26FB..... Garbage record book to be retained................................................... 62

26FC..... Shipboard waste management plan................................................... 63

26FD..... Placards relating to requirements for disposal of garbage................. 64

26FE..... Power to require discharge of garbage at a reception facility............. 65

Part IIID—Prevention of air pollution                                                                   66

Division 1—Definitions                                                                                              66

26FEF... Definitions........................................................................................ 66

Division 2—Sulphur content of fuel oil                                                              67

26FEG.. Using fuel oil with a sulphur content of more than the prescribed limit 67

26FEH.. Australian ship in emission control area............................................ 69

26FEI.... Flushing fuel oil service system........................................................ 71

26FEJ.... Record of prescribed fuel‑changeover operation............................... 72

26FEK... New emission control areas.............................................................. 73

Division 3—Fuel oil availability and quality requirements                    74

26FEL... Local suppliers must be registered.................................................... 74

26FEM.. Register of Local Suppliers of Fuel Oil............................................. 74

26FEN.. Using fuel oil that does not meet fuel oil quality requirements.......... 75

26FEO.. Bunker delivery note and sample must be provided.......................... 75

26FEP... Fuel oil delivered must be in accordance with declaration................. 76

26FEQ.. Bunker delivery note must be retained and available for inspection.. 77

26FER... Sample must be retained.................................................................... 78

26FES... Notification of sulphur content of gas fuel........................................ 79

Division 4—Ozone depleting substances record book                              80

26FET... Ozone depleting substances record book.......................................... 80

26FEU.. False or misleading entries in ozone depleting substances record book 81

26FEV.. Ozone depleting substances record book to be retained.................... 82

Part IV—Miscellaneous                                                                                                    84

26G....... Power to require information............................................................ 84

27.......... Powers of inspectors......................................................................... 84

27A....... Detention of foreign ships in connection with pollution breaches..... 86

27B....... Notification of measures taken in relation to foreign ships................ 88

27C....... Failure to comply with requirements for information under foreign laws 88

28.......... Prosecution of offences against Act.................................................. 89

29.......... Time limits for prosecution............................................................... 90

29A....... Service on master or owner of ship................................................... 90

29B....... Certificates by Minister..................................................................... 90

30.......... Evidence............................................................................................ 91

31.......... Evidence of analyst........................................................................... 91

32.......... Application of certain provisions to foreign ships............................. 92

33.......... Regulations....................................................................................... 93

34.......... Orders............................................................................................... 94

35.......... Repeal............................................................................................... 95

Notes                                                                                                                                             97


An Act relating to the prevention of pollution from ships

 

 

Part IPreliminary

  

1  Short title [see Note 1]

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

2  Commencement [see Note 1]

             (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:

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.

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.

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.

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

inspector means a person who:

                     (a)  is a surveyor for the purpose of the  Navigation Act 1912; 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.

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

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 Proces‑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 has the same meaning as in Part XA of the Navigation Act 1912.

          (1A)  A reference in this Act to the sea near a State shall be read as a reference to:

                     (a)  the territorial sea of Australia adjacent to the State; and

                     (b)  the sea on the landward side of the territorial sea of Australia adjacent to the State.

       (1AA)  A reference in this Act to the sea near the Jervis Bay Territory shall be read as a reference to the sea in that Territory.

          (1B)  A reference in this Act to the sea near an external Territory shall be read as a reference to:

                     (a)  the territorial sea adjacent to the Territory; and

                     (b)  the sea on the landward side of the territorial sea adjacent to the Territory.

       (1BA)  For the purposes of this Act, the laws of the Jervis Bay Territory shall be 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 right of the Commonwealth, of each of the States and of Norfolk Island.

             (2)  Nothing in this Act renders the Commonwealth or a State or Territory liable to be prosecuted for an offence.

             (3)  Subsection (2) does not affect any liability of any servant 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, 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.

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 IIPrevention 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

             (1)  If:

                     (a)  a person engages in conduct that causes a discharge of oil or of an oily mixture from a ship into the sea; and

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

                     (c)  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 that 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.

          (1A)  In subsection (1):

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

          (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 that 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.

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

                     (c)  for the purpose of securing the safety of a ship or saving life at sea; or

                     (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:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

             (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 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.

             (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, 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 set out by regulation made for the purposes of this subparagraph under section 267A of the Navigation Act 1912;

                            (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 set out by regulation made for the purposes of this subparagraph under section 267A of the Navigation Act 1912;

                            (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 within an area other than the Antarctic area from a ship, 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 set out by regulation made for the purposes of this subparagraph under section 267A of the Navigation Act 1912, 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, 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 by regulations made for the purposes of this subparagraph under section 267A of the Navigation Act 1912; and

                     (e)  the discharge of washings contaminated with oil from an oil tanker that is not within a special area, 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 by regulations made for the purposes of this subparagraph under section 267A of the Navigation Act 1912; 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

             (1)  If:

                     (a)  a person engages in conduct that causes a discharge from an Australian ship of an oil residue into the sea; and

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

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

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

             (2)  In subsection (1):

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

             (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(1) or (1B) or of an offence against a law of a State or Territory;

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

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

11  Duty to report certain incidents involving oil or oily mixture

          (1A)  This section does not apply in relation to prescribed incidents that occur 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 those prescribed incidents.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

          (1B)  This section does not apply in relation to a prescribed incident that occurs in relation to a foreign ship unless the incident occurs in the sea near a State, the Jervis Bay Territory or an external Territory or in the exclusive economic zone.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

             (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:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

             (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 is guilty of 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:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

             (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)  A notice given to a prescribed officer or a government pursuant to subsection (1) or (3), and a report furnished to a prescribed officer or a government pursuant to subsection (6) or (7), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against subsection 9(1).

           (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 are each guilty of 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 that 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

                     (c)  either 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 that 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

                     (c)  the subject oil tanker is an Australian ship; 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)  either 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 that 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)  either 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 that 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

                     (c)  the subject oil tanker is an Australian ship; 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

                     (c)  the subject oil tanker is an Australian ship; 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 are each guilty of 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 are each guilty of 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 IIIPrevention 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

                     (c)  the person is negligent as to causing that result; 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 that 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

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

                     (d)  the substance is 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 that 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.

             (4)  In this section:

engage in conduct has the same meaning as in 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

                     (c)  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 that 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.

          (1A)  In subsection (1):

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

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 that 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:

                     (c)  for the purpose of securing the safety of a ship or saving life at sea;

                     (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:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

             (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

                     (c)  the residue then remaining in the tank has been subsequently diluted with water;

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

                     (c)  the residue then remaining in the tank has been subsequently diluted with water;

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;

                     (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 (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:

                     (c)  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;

                     (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;

                     (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;

                     (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

           (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.

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 Division 12A of Part IV of the Navigation Act 1912 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 Division 12A of Part IV of the Navigation Act 1912 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

          (1A)  This section does not apply in relation to prescribed incidents that occur 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 those prescribed incidents.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

          (1B)  This section does not apply in relation to a prescribed incident that occurs in relation to a foreign ship unless the incident occurs in the sea near a State, the Jervis Bay Territory or an external Territory or in the exclusive economic zone.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

             (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:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

             (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 is guilty of 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:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

             (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)  A notice given to a prescribed officer or a government pursuant to subsection (1) or (3), and a report furnished to a prescribed officer or a government pursuant to subsection (6) or (7), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against subsection 21(1).

           (10)  In this section:

liquid substance does not include a substance referred to in regulation 6.1.4 of Annex II.

prescribed incident, in relation to a ship, means:

                     (a)  an incident involving a discharge from the ship of a liquid substance, or a mixture containing a liquid substance, carried as cargo or as part cargo in bulk, not being a discharge to which subsection 21(4), (5), (6), (7), (8), (10) or (11) applies; or

                     (b)  an incident involving the probability of a discharge from the ship of a liquid substance, or a mixture containing a liquid substance, carried as cargo or as part cargo in bulk, not being a discharge to which subsection 21(4), (5), (6), (7), (8), (10) or (11) 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.

22A  Shipboard marine pollution emergency plan for noxious liquid substances

             (1)  This section applies to an Australian ship:

                     (a)  that has a gross tonnage of 150 or more; and

                     (b)  in respect of which there is in force a chemical tanker construction certificate referred to in section 267V of the Navigation Act 1912.

             (2)  There must be kept on board the ship a shipboard marine pollution emergency plan for noxious liquid substances written in the working language of the master of, and the officers on board, the ship.

             (3)  A shipboard marine pollution emergency plan for noxious liquid substances must be in accordance with the prescribed form and set out the following particulars:

                     (a)  the procedures to be followed by the master of the ship, 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 coordinating with the authorities or persons who have been contacted (whether in Australia or in a country near to the place where the incident occurred);

                     (e)  any action to be 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.

             (4)  The procedures referred to in paragraph (3)(a) must accord with the regulations prescribing, for the purposes of subsection 22(1), the manner in which a prescribed incident is to be notified.

             (5)  Subsection (3) does not prevent other relevant particulars from being included in the shipboard marine pollution emergency plan for noxious liquid substances.

             (6)  If the ship does not have on board a shipboard marine pollution emergency plan for noxious liquid substances, the master of the ship and the owner of the ship each commits an offence punishable on conviction by a fine not exceeding 500 penalty units.

             (7)  An offence against subsection (6) is an offence of strict liability.

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

             (8)  A shipboard marine pollution emergency plan for noxious liquid substances is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.

             (9)  In this section:

prescribed incident, in relation to a ship, has the same meaning as in section 22.

23  Cargo record book

             (1)  This section applies to an Australian ship that carries liquid substances in bulk.

             (2)  A cargo record book shall be carried in every ship to which this section applies.

             (3)  A cargo record book shall be in accordance with the prescribed form with provision made for a signature, in accordance with subsection (7), in relation to each entry made in it and for a signature, in accordance with subsection (8), on each page of it.

             (4)  Where a ship to which this section applies does not carry a cargo record book as required by this section, the master and the owner of the ship are each guilty of 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 occurrence is carried out or occurs in, or in relation to, a ship to which this section applies, the master of the ship shall make, without delay, appropriate entries in, or cause appropriate entries to be made, without delay, in, the ship’s cargo record book, being entries in accordance with subsection (7).

Penalty:  200 penalty units.

             (6)  Where an inspector, or a person authorized by the Government of a country other than Australia that is a Party to the Convention to supervise any operations under Annex II, has inspected a ship to which this section applies, he or she shall make, without delay, appropriate entries in the ship’s cargo record book in accordance with subsection (7).

             (7)  An entry in a ship’s cargo record book:

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

                     (b)  in the case of an entry made in relation to a prescribed operation, shall be signed by the officer or other person in charge of the operation.

             (8)  Where a page of a ship’s cargo 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.

24  False entries in cargo record book

                   A person shall not make, in a cargo record book of a ship to which section 23 applies, an entry that is false or misleading in a material particular.

Penalty:  200 penalty units.

25  Cargo record book to be retained

             (1)  A cargo record book of a ship to which section 23 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 a cargo record book is not retained in a ship in accordance with subsection (1), the master and the owner of the ship are each guilty of 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 23 applies shall cause each of the ship’s cargo 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 to be readily available for inspection at all reasonable times.

Penalty:  200 penalty units.

             (5)  The owner of a ship to which section 23 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 23 applies does not reside in Australia and does not have an office or agent in Australia, the owner may deposit a cargo 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.

26  Cleaning of tanks of ships

                   The regulations may make provision for and in relation to giving effect to regulations 13 and 16 of Annex II.

26AA  Power to require discharge of a liquid substance or a mixture containing a liquid substance 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 a liquid substance or of a mixture containing a liquid substance to be discharged within a specified period from the ship to a specified facility that is suitable to receive that quantity of the substance or mixture if the officer has reason to believe that retention of the liquid substance or 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 IIIAPrevention of pollution by packaged harmful substances

  

26A  Interpretation

             (1)  In this Part:

harmful substance means a substance which either:

                     (a)  is identified as a marine pollutant in the International Maritime Dangerous Goods (IMDG) Code; or

                     (b)  meets the criteria in the Appendix of Annex III of the Convention.

packaged form means a form of containment specified for harmful substances in the International Maritime Dangerous Goods (IMDG) Code.

             (2)  Except in so far as the contrary intention appears, an expression that is used in this Part and in Annex III 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.

26AB  Prohibition of discharge by jettisoning of harmful substances into the sea

             (1)  If:

                     (a)  a person engages in conduct that causes a harmful substance, being a substance carried as cargo in packaged form, to be jettisoned from a ship into the sea; and

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

                     (c)  one of the following subparagraphs applies:

                              (i)  the jettisoning 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 Regulation 7 of Annex III to the Convention in relation to that sea;

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

                            (iii)  the jettisoning 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.

             (2)  In subsection (1):

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

             (3)  Subject to subsections (5) and (6), if:

                     (a)  a harmful substance, being a substance carried as cargo in packaged form, is jettisoned from a ship into the sea; and

                     (b)  one of the following subparagraphs applies:

                              (i)  the jettisoning 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 Regulation 7 of Annex III to the Convention in relation to that sea;

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

                            (iii)  the jettisoning 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.

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

             (5)  Subsection (3) does not apply to the jettisoning of a harmful substance from a ship for the purpose of securing the safety of the ship or saving life at sea.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

             (6)  Where a harmful substance referred to in subsection (3) is discharged from a ship into the sea because of a leakage of the substance, the substance shall, for the purposes of this section, be taken to have been jettisoned, but that subsection does not apply to the discharge if:

                     (a)  the substance was washed overboard from the ship in accordance with regulations or orders made pursuant to regulations; or

                     (b)  the substance was washed overboard from the ship otherwise than in accordance with such regulations or orders in circumstances where compliance with such regulations or orders would have impaired the safety of the ship or of persons on board the ship.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

26B  Duty to report certain incidents involving harmful substances

             (1)  This section does not apply in relation to prescribed incidents that occur 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 those prescribed incidents.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

             (2)  This section does not apply in relation to a prescribed incident that occurs in relation to a foreign ship unless the incident occurs in the sea near a State, the Jervis Bay Territory or an external Territory or in the exclusive economic zone.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

             (3)  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.

             (4)  Subsection (3) 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:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

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

                     (a)  the master of the ship fails to comply with subsection (3) (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 is guilty of an offence punishable, upon conviction, by a fine not exceeding 500 penalty units.

          (5A)  An offence under subsection (5) is an offence of strict liability.

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

             (6)  Subsection (5) 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 (5)(a) applies—the person neither knew nor suspected that the master of the ship had not complied with subsection (3) in relation to the incident.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

             (7)  Subsection (6) 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 (5).

             (8)  A master of a ship who, pursuant to subsection (3), 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, give, 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.

             (9)  Where subsection (5) 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, give, 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.

           (10)  A person shall not, in a notice given to a prescribed officer or a government pursuant to subsection (3) or (5) or in a report given to a prescribed officer or a government pursuant to subsection (8) or (9), make a statement that is false or misleading in a material particular.

Penalty:  200 penalty units.

        (10A)  A notice given to a prescribed officer or a government pursuant to subsection (3) or (5), and a report given to a prescribed officer or a government pursuant to subsection (8) or (9), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against subsection 26AB(1) or (3).

           (11)  In this section:

prescribed incident, in relation to a ship, means:

                     (a)  an incident involving the discharge from the ship of a harmful substance carried as cargo in packaged form or in a freight container, portable tank, road or rail vehicle or shipborne barge, not being a discharge in accordance with the regulations or orders made under the regulations; or

                     (b)  an incident involving the probability of the discharge from the ship of a harmful substance carried as cargo in packaged form or in a freight container, portable tank, road or rail vehicle or shipborne barge, not being a discharge in accordance with the regulations or orders made under the regulations; 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.


 

Part IIIBPrevention of pollution by sewage

Division 1Discharge of sewage in the Antarctic Area

26BA  Interpretation

                   Unless the contrary intention appears, an expression that is used in this Division and in Annex IV of the Antarctic Protocol (whether or not a particular meaning is given to it by that Annex) has, in this Division, the same meaning as in that Annex.

26BB  Object of Division

                   The object of this Division is to give effect to Australia’s obligations regarding the discharge of sewage in the Antarctic Area under Annex IV of the Antarctic Protocol.

26BC  Prohibition of discharge of sewage

             (1)  If:

                     (a)  a person engages in conduct that causes a discharge of untreated sewage from a ship (other than a ship certified to carry not more than 10 persons) into the sea in the Antarctic Area; and

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

                     (c)  where the discharge does not occur in the sea near the Australian Antarctic Territory—the ship is an Australian ship;

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

             (2)  In subsection (1):

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

          (2A)  Subject to subsections (3) and (4), if:

                     (a)  untreated sewage is discharged from a ship (other than a ship certified to carry not more than 10 persons) into the sea in the Antarctic Area; and

                     (b)  where the discharge does not occur in the sea near the Australian Antarctic Territory—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.

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

             (3)  Subsection (2A) does not apply if the sewage was discharged for the purpose of:

                     (a)  securing the safety of the ship and persons on board the ship; or

                     (b)  saving life at sea.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

             (4)  Without limiting the generality of subsection (3), subsection (2A) does not apply to the discharge of sewage from a ship if:

                     (a)  the sewage was stored in a holding tank; and

                     (b)  the sewage is not discharged instantaneously but is discharged from the holding tank at a prescribed rate when the ship is proceeding en route at a speed of not less than 4 knots; and

                     (c)  the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land or ice shelf.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.


 

Division 2Discharge of sewage in other sea areas

26C  Interpretation

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

             (2)  In this Division:

sea does not include the sea in the Antarctic Area.

26CA  Object of Division

                   The object of this Division is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the Convention.

26D  Prohibition of discharge of sewage into the sea

             (1)  If:

                     (a)  a person engages in conduct that causes a discharge of sewage from a ship into the sea; and

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

                     (c)  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 Regulation 3 and to paragraph 1 of Regulation 11 of Annex IV to the Convention in relation to that 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.

             (2)  In subsection (1):

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

             (3)  Subject to subsections (5) to (9), if:

                     (a)  sewage 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 Regulation 3 and paragraph 1 of Regulation 11 of Annex IV to the Convention in relation to that 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.

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

             (5)  Subsection (3) does not apply to the discharge of sewage from a ship:

                     (a)  for the purpose of securing the safety of a ship and persons on board the ship or of saving life at sea; or

                     (b)  in a case where the sewage escaped from the ship in consequence of damage to the ship or its equipment and all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the sewage.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

          (5A)  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.

             (6)  Without limiting the generality of subsection (5), subsection (3) does not apply to the discharge of sewage from a ship if the following conditions are satisfied:

                     (a)  where the sewage has been comminuted and disinfected using a system approved in accordance with the regulations, or orders made pursuant to the regulations, giving effect to paragraph 1.2 of Regulation 9 of Annex IV to the Convention—the discharge is made when the ship is at a distance of not less than 3 nautical miles from the nearest land;

                     (b)  where the sewage is not sewage referred to in paragraph (a)—the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land;

                     (c)  where the sewage has been stored in holding tanks, or originates from spaces containing living animals—the sewage is not discharged instantaneously but is discharged at a prescribed rate when the ship is proceeding en route at a speed of not less than 4 knots.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

             (7)  Without limiting the generality of subsection (5), subsection (3) does not apply to the discharge of sewage from a ship if the following conditions are satisfied:

                     (a)  the sewage has been treated in a sewage treatment plant on the ship, being a plant:

                              (i)  that an inspector has certified meets the requirements of the regulations giving effect to paragraph 1.1 of Regulation 9 of Annex IV to the Convention; and

                             (ii)  the test results of which are laid down in the ship’s sewage certificate within the meaning of Division 12C of Part IV of the Navigation Act 1912; and

                     (b)  the effluent does not produce visible floating solids in the waters of the sea and does not cause discolouration of the waters of the sea.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

             (8)  Without limiting the generality of subsection (5), subsection (3) does not apply to the discharge of sewage if the discharge is made into the territorial waters of a foreign country in accordance with the law of that country.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

26DAA  Power to require discharge of sewage 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 sewage to be discharged within a specified period from the ship to a specified facility that is suitable to receive that quantity of sewage if the officer has reason to believe that retention of the sewage 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.

26DA  Operation of Division

                   In spite of anything in the Protection of the Sea Legislation Amendment Act 1986, this Division does not commence until a day fixed by Proclamation for the purposes of this section.


 

Part IIICPrevention of pollution by garbage

  

26E  Interpretation

             (1)  Except in so far as the contrary intention appears, an expression that is used in this Part and in Annex V 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.

             (2)  Unless the contrary intention appears, an expression that is used in subsection 26F (8A) and in Annex IV to the Antarctic Protocol (whether or not a particular meaning is given by that Protocol) has, in that subsection, the same meaning as in that Annex.

26EAA  Overseas voyages

                   For the purposes of this Part:

                     (a)  overseas voyage has the same meaning as it has in the Navigation Act 1912 except that a voyage of an Australian fishing vessel (being a ship that is regularly engaged in making voyages from a port or ports in Queensland) beginning at a port in that State and ending at the same port or another port in that State is not to be taken to be an overseas voyage merely because, as an incidental part of its fishing operations on that voyage, the ship calls at a port or ports in Papua New Guinea; and

                     (b)  Australian fishing vessel has the same meaning as in the Navigation Act 1912.

26EA  Object of Part

                   The object of this Part is to give effect to Australia’s obligations:

                     (a)  regarding the prevention of pollution by garbage from ships under Annex V to the Convention; and

                     (b)  regarding the disposal of garbage from ships under Annex IV to the Antarctic Protocol.

26F  Prohibition of disposal of garbage into the sea

             (1)  If:

                     (a)  a person engages in conduct that causes a disposal of garbage from a ship into the sea; and

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

                     (c)  one of the following subparagraphs applies:

                              (i)  the disposal 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, 5 and 6 of Annex V to the Convention in relation to that sea;

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

                            (iii)  the disposal 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.

             (2)  In subsection (1):

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

             (3)  Subject to subsections (5) to (11), if:

                     (a)  there is a disposal of garbage from a ship into the sea; and

                     (b)  one of the following subparagraphs applies:

                              (i)  the disposal 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, 5 and 6 of Annex V to the Convention in relation to that sea;

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

                            (iii)  the disposal 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.

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

             (5)  Subsection (3) does not apply to the disposal of garbage from a ship for the purpose of securing the safety of the ship and the persons on board the ship or of saving life at sea.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

             (6)  Without limiting the generality of subsection (5) but subject to subsection (11), subsection (3) does not apply to the disposal of garbage (being dunnage, lining or packing materials which will float and are not plastics) from a ship into the sea if the following conditions are satisfied:

                     (a)  the disposal takes place when the ship is not within a special area;

                     (b)  the disposal takes place when the ship is as far as practicable from, and is at a distance of not less than 25 nautical miles from, the nearest land;

                     (c)  the disposal takes place when the ship is not alongside, or within 500 metres of, a fixed or floating platform engaged in the exploration, exploitation and associated offshore processing of seabed mineral resources.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

             (7)  Without limiting the generality of subsection (5) but subject to subsection (11), subsection (3) does not apply to the disposal of garbage (not being plastics, garbage referred to in subsection (6) or food wastes) from a ship into the sea if the following conditions are satisfied:

                     (a)  the disposal occurs when the ship is not within a special area;

                     (b)  the disposal occurs when the ship is as far as practicable from the nearest land;

                     (c)  except where paragraph (d) applies—the ship is at a distance of not less than 12 nautical miles from the nearest land;

                     (d)  where the garbage is passed through a comminuter or grinder so that it is capable of passing through a screen with no opening greater than 25 millimetres—when the ship is at a distance of not less than 3 nautical miles from the nearest land;

                     (e)  the disposal occurs when the ship is not alongside, or within 500 metres of, a platform of a kind referred to in paragraph (6)(c).

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

             (8)  Without limiting the generality of subsection (5) but subject to subsection (11), subsection (3) does not apply to the disposal of garbage, being food wastes, from a ship into the sea outside the Antarctic Area if:

                     (a)  the following conditions are satisfied:

                              (i)  the disposal occurs when the ship is as far as practicable from, and is at a distance of not less than 12 nautical miles from, the nearest land;

                             (ii)  the disposal occurs when the ship is not alongside, or within 500 metres of, a platform of a kind referred to in paragraph (6)(c); or

                     (b)  the conditions referred to in paragraphs (7)(a), (b) and (d) are satisfied.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

          (8A)  Without limiting the generality of subsection (5), subsection (3) does not apply to the disposal of garbage, being food wastes, from a ship into the sea in the Antarctic Area if:

                     (a)  the garbage has been passed through a comminuter or grinder so that it is capable of passing through a screen with no opening wider than 25 millimetres; and

                     (b)  the disposal occurs when the ship is as far as practicable from, and is at a distance of not less than 12 nautical miles from, the nearest land or ice shelf.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

             (9)  Where garbage escapes from a ship into the sea because of damage to the ship or its equipment, subsection (3) does not apply to the disposal of the garbage if all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the garbage.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

          (9A)  For the purposes of subsection (9), 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.

           (10)  Where a synthetic fishing net, or synthetic material used in the repair of such a net, on a ship is accidently lost at sea, subsection (3) does not apply to the disposal of the net or material if all reasonable precautions were taken to prevent the loss.

Note:          The defendant bears an evidential burden of proof of the matters mentioned in this subsection.

           (11)  Without limiting the generality of subsection (5), where:

                     (a)  garbage is mixed with matter the discharge or disposal of which from a ship into the sea is prohibited under another Part unless certain conditions are complied with; and

                     (b)  the conditions referred to in paragraph (a) are more stringent than the conditions referred to in subsections (6) to (10) (inclusive);

subsection (3):

                     (c)  apply to the disposal of the garbage from a ship notwithstanding that the conditions referred to in subsection (6), (7), (8), (9) or (10) are complied with; but

                     (d)  do not apply to the disposal of the garbage from a ship if those more stringent requirements are complied with.

           (13)  In this section plastics includes synthetic ropes, synthetic fishing nets, plastic garbage bags and incinerator ashes from plastic products that may contain toxic or heavy metal residues.

26FA  Garbage record book

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

                     (a)  has a gross tonnage of 400 or more; or

                     (b)  is certified to carry 15 persons or more and is engaged on an overseas voyage.

             (2)  Every ship to which this section applies must carry a garbage record book as required by the regulations.

             (3)  A garbage record book must be in accordance with the appropriate prescribed form with provision made for a signature, in accordance with subsection (8), 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)  If a ship does not carry a garbage 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 of not more than 50 penalty units.

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

             (6)  If a prescribed operation or prescribed occurrence is carried out or occurs in, or in relation to, a ship, the master of the ship must make, without delay, appropriate entries in accordance with subsection (8) in the ship’s garbage record book, or cause appropriate entries in accordance with that subsection to be made, as soon as is practicable in the circumstances, in that book.

Penalty:  200 penalty units.

             (7)  If a page of a ship’s garbage record book is completed, the master of the ship must, as soon as is practicable in the circumstances, sign the page.

Penalty:  50 penalty units.

             (8)  An entry in a ship’s garbage record book:

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

                     (b)  if the entry is made in relation to a prescribed operation—must be signed by the officer or other person in charge of the operation.

26FB  Garbage record book to be retained

             (1)  A garbage record book of a ship to which section 26FA applies must be retained in the ship until the end of one year after the day on which the last entry was made in the book and must be readily accessible for inspection at all reasonable times.

             (2)  If a garbage record book is not retained in a ship, or is not readily accessible, in accordance with subsection (1), the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine of not more than 50 penalty units.

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

             (4)  The owner of a ship to which section 26FA applies must cause the ship’s garbage record book to be retained:

                     (a)  in the ship; or

                     (b)  at the owner’s registered office;

until the end of 2 years after the end of the period during which the book is required to be retained in the ship under subsection (1) and must be readily accessible for inspection at all reasonable times.

Penalty:  50 penalty units.

             (5)  The owner of a ship to which section 26FA applies who resides in Australia, or has an office or agent in Australia, may from time to time give to a prescribed officer notice, in writing, of the address of:

                     (a)  the place at which the owner so resides; or

                     (b)  the owner’s office in Australia or, if the owner has more than one office in Australia, the owner’s principal office in Australia; or

                     (c)  the office or place of residence of the owner’s agent or, if the owner’s agent has more than one office in Australia, the principal office in Australia of the owner’s agent.

             (6)  The place or office of which an address is given for the time being under subsection (5) is the registered office of the owner of the ship for the purposes of subsection (4).

             (7)  If the owner of a ship to which section 26FA applies does not reside in Australia and does not have an office or agent in Australia, the owner may deposit a garbage record book of the ship with a prescribed officer and, while the book is so deposited, the book is taken, for the purposes of subsection (4), to be retained at the registered office of the owner.

26FC  Shipboard waste management plan

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

                     (a)  has a gross tonnage of 400 or more; or

                     (b)  is certified to carry 15 persons or more.

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

             (3)  A shipboard waste management plan must:

                     (a)  be in accordance with the prescribed form; and

                     (b)  set out the procedures for collecting, storing, processing and disposing of garbage, including the use of the equipment on board the ship for carrying out those procedures; and

                     (c)  designate the person who is in charge of carrying out the plan.

             (4)  Subsection (3) does not prevent other relevant particulars from being included in the shipboard waste management plan.

             (5)  If a ship to which this section applies does not have on board a shipboard waste management plan, the master and the owner of the ship each commit an offence punishable, on conviction, by a fine not exceeding 50 penalty units.

             (6)  An offence against subsection (5) is an offence of strict liability.

26FD  Placards relating to requirements for disposal of garbage

             (1)  There must be displayed, on board a ship of 12 metres or more in length, one or more placards notifying the crew and passengers of the kinds of garbage that may, or may not, be disposed of from the ship, and the conditions to which any such disposal is subject, under section 26F.

             (2)  If the ship is an Australian ship, the placard or each placard must be written in the English language.

             (3)  If:

                     (a)  the ship is a foreign ship that is engaged on a voyage to an Australian port or to an Australian offshore terminal; and

                     (b)  the placard or each placard is written in the official language or one of the official languages of the country whose flag the ship is entitled to fly; and

                     (c)  the language in which the placard or each placard is so written is not English, French or Spanish;

the placard or each placard must also be written in English, French or Spanish.

             (4)  If a placard required under this section to be displayed on a ship is not so displayed, the master and the owner of the ship each commit an offence punishable, on conviction, by a fine not exceeding 50 penalty units.

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

26FE  Power to require discharge of garbage 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 garbage to be disposed of within a specified period from the ship to a specified facility that is suitable to receive that quantity of garbage if the officer has reason to believe that retention of the garbage would create a risk of disposal 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 IIIDPrevention of air pollution

Division 1Definitions

26FEF  Definitions

             (1)  In this Part:

Annex VI means Annex VI to the Convention.

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

fuel oil supplier of fuel oil delivered to a ship means the person responsible for the final blend of the fuel oil immediately before it is delivered to the ship.

gas fuel includes liquefied natural gas, compressed natural gas and liquefied petroleum gas.

registered local supplier of fuel oil means a local supplier of fuel oil registered in the Register of Local Suppliers of Fuel Oil.

Register of Local Suppliers of Fuel Oil means the register established under section 26FEM.

             (2)  An expression that is used in this Part and in Annex VI has, in this Part, the same meaning as in that Annex (whether or not a particular meaning is assigned to it by that Annex).

Division 2Sulphur content of fuel oil

26FEG  Using fuel oil with a sulphur content of more than the prescribed limit

Ordinary offence

             (1)  A person commits an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct results in fuel oil with a sulphur content of more than the prescribed limit being used on board a ship; and

                     (c)  the person is reckless or negligent as to causing that result; and

                     (d)  one of the following applies:

                              (i)  the fuel oil is used while the ship is in the sea near a State, the Jervis Bay Territory or an external Territory and no law of that State or Territory gives effect to paragraph 1 of Regulation 14 of Annex VI in relation to that sea;

                             (ii)  the fuel oil is used while the ship is in the exclusive economic zone;

                            (iii)  the fuel oil is used on board an Australian ship while the ship is beyond the exclusive economic zone, but not within an emission control area.

Penalty:  2,000 penalty units.

Strict liability offence

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

                     (a)  fuel oil with a sulphur content of more than the prescribed limit is used on board the ship; and

                     (b)  one of the following applies:

                              (i)  the fuel oil is used while the ship is in the sea near a State, the Jervis Bay Territory or an external Territory and no law of that State or Territory gives effect to paragraph 1 of Regulation 14 of Annex VI in relation to that sea;

                             (ii)  the fuel oil is used while the ship is in the exclusive economic zone;

                            (iii)  the fuel oil is used on board an Australian ship while the ship is beyond the exclusive economic zone, but not within an emission control 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.

Presumption

             (4)  It is presumed, unless the contrary is proved, that fuel oil is used as mentioned in paragraph (1)(d) or paragraph (2)(b).

Note:          A defendant bears a legal burden in relation to proving the contrary (see section 13.4 of the Criminal Code).

Exceptions

             (5)  Subsection (1) does not apply if:

                     (a)  the person took all reasonable steps to obtain fuel oil with a sulphur content of not more than the limit prescribed for the purposes of paragraph (1)(b); and

                     (b)  the person has, in accordance with the regulations, notified:

                              (i)  a prescribed officer; and

                             (ii)  if the ship’s next port of destination, after the fuel oil is used, is a port in a foreign country—the government of that foreign country;

                            that the person has been unable to obtain fuel oil with a sulphur content of not more than that limit.

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

             (6)  Subsection (2) does not apply if:

                     (a)  the master or owner of the ship took all reasonable steps to obtain fuel oil with a sulphur content of not more than the limit prescribed for the purposes of paragraph (2)(a); and

                     (b)  the master or owner of the ship has, in accordance with the regulations, notified:

                              (i)  a prescribed officer; and

                             (ii)  if the ship’s next port of destination, after the fuel oil is used, is a port in a foreign country—the government of that foreign country;

                            that the master or owner has been unable to obtain fuel oil with a sulphur content of not more than that limit.

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

26FEH  Australian ship in emission control area

Ordinary offence

             (1)  A person commits an offence if:

                     (a)  the person:

                              (i)  takes an Australian ship into an emission control area; or

                             (ii)  permits an Australian ship to be taken into an emission control area; and

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

                     (c)  the ship does not meet the SOx emission control conditions while the ship is within that area.

Penalty:  2,000 penalty units.

Strict liability offence

             (2)  A person commits an offence if:

                     (a)  the person:

                              (i)  takes an Australian ship into an emission control area; or

                             (ii)  permits an Australian ship to be taken into an emission control area; and

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

                     (c)  the ship does not meet the SOx emission control conditions while the ship is within that 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.

SOx emission control conditions

             (4)  The SOx emission control conditions for a ship in an emission control area are:

                     (a)  the sulphur content of fuel oil used on board the ship while the ship is within that area does not exceed the prescribed limit; or

                     (b)  both:

                              (i)  an exhaust gas cleaning system, or other technological method, approved by a prescribed officer, is operating on the ship in accordance with the regulations, while the ship is within that area, to reduce the total emission of sulphur oxides from the ship to (or below) the level prescribed by the regulations; and

                             (ii)  waste streams arising from the operation of such a system or other method are discharged in accordance with the regulations.

             (5)  If an approval under subparagraph (4)(b)(i) is given in writing, the approval is not a legislative instrument.

Exception for emergencies

             (6)  Subsection (2) does not apply to a ship if:

                     (a)  the ship does not meet the SOx emission control conditions while the ship is within an emission control area only because the total emission of sulphur oxides from the ship is more than the level prescribed by the regulations; and

                     (b)  either:

                              (i)  the non‑compliance was a result of securing the safety of a ship or saving life at sea; or

                             (ii)  the non‑compliance was a result of unintentional damage to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage, or the discovery of the emission, for the purpose of preventing or minimising the emission.

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

             (7)  For the purposes of subparagraph (6)(b)(ii), damage to a ship or to its equipment is not unintentional if the damage arose:

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

             (8)  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.

Exception for the unavailability of fuel oil with a sulphur content of not more than the prescribed limit

             (9)  Subsection (1) or (2), to the extent it relates to paragraph (4)(a), does not apply if:

                     (a)  the master or owner of the ship took all reasonable steps to obtain fuel oil with a sulphur content of not more than the limit prescribed for the purposes of paragraph (4)(a); and

                     (b)  the master or owner of the ship has, in accordance with the regulations, notified:

                              (i)  a prescribed officer; and

                             (ii)  if the ship’s next port of destination, after the fuel oil is used, is a port in a foreign country—the government of that foreign country;

                            that the master or owner has been unable to obtain fuel oil with a sulphur content of not more than that limit.

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

26FEI  Flushing fuel oil service system

             (1)  A person commits an offence if:

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

                     (b)  the ship enters an emission control area; and

                     (c)  separate fuel oils are used on board the ship; and

                     (d)  at least one of the fuel oils has a sulphur content of not more than the prescribed limit; and

                     (e)  at least one of the fuel oils has a sulphur content of more than that limit; and

                      (f)  insufficient time is allowed for the ship’s fuel oil service system to be fully flushed of fuel oil with a sulphur content of more than that limit before the ship enters the emission control area.

Penalty:  200 penalty units.

             (2)  A person commits an offence if:

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

                     (b)  the ship enters an emission control area; and

                     (c)  separate fuel oils are used on board the ship; and

                     (d)  at least one of the fuel oils has a sulphur content of not more than the prescribed limit; and

                     (e)  at least one of the fuel oils has a sulphur content of more than that limit; and

                      (f)  when the ship enters the emission control area, the ship does not carry a written procedure showing how the ship’s fuel oil service system is to be fully flushed of fuel oil with a sulphur content of more than that limit before the ship enters the emission control area.

Penalty:  200 penalty units.

26FEJ  Record of prescribed fuel‑changeover operation

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

                     (a)  an entry in a prescribed record book is not made in accordance with the regulations as soon as practicable after:

                              (i)  the completion of the last prescribed fuel‑changeover operation on the ship before the ship enters an emission control area; or

                             (ii)  the completion of the first prescribed fuel‑changeover operation on the ship after the ship leaves an emission control area; or

                     (b)  the record book is not:

                              (i)  retained on board the ship for the prescribed period; or

                             (ii)  readily available for inspection at all reasonable times.

Penalty:  200 penalty units.

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

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

             (3)  A person commits an offence if:

                     (a)  the person makes an entry in a prescribed record book; and

                     (b)  the entry is false or misleading in a material particular.

Penalty:  200 penalty units.

26FEK  New emission control areas

             (1)  This section applies if an amendment is made (whether before or after the commencement of this section), in accordance with Annex VI, designating an area as an emission control area.

             (2)  Sections 26FEH, 26FEI and 26FEJ do not apply in relation to the emission control area during the period of 12 months immediately after the amendment concerned enters into force.

Division 3Fuel oil availability and quality requirements

26FEL  Local suppliers must be registered

                   A person commits an offence if:

                     (a)  the person is not a registered local supplier of fuel oil; and

                     (b)  the person delivers fuel oil to a ship; and

                     (c)  the delivery happens while the ship is:

                              (i)  in the sea near a State, the Jervis Bay Territory or an external Territory and no law of that State or Territory gives effect to subparagraph 9.1 of Regulation 18 of Annex VI in relation to that sea; or

                             (ii)  in the exclusive economic zone.

Penalty:  200 penalty units.

26FEM  Register of Local Suppliers of Fuel Oil

             (1)  The Authority must establish and maintain a register of local suppliers of fuel oil.

             (2)  The register is to be called the Register of Local Suppliers of Fuel Oil.

             (3)  The regulations may:

                     (a)  prescribe the way in which the Register must be established or maintained, including the details that the Authority must enter in the Register; and

                     (b)  prescribe requirements that must be met by:

                              (i)  persons seeking registration as local suppliers of fuel oil; and

                             (ii)  persons registered as local suppliers of fuel oil.

             (4)  The Register is to be made available for inspection on the internet.

             (5)  The Register established under subsection (1) is not a legislative instrument.

26FEN  Using fuel oil that does not meet fuel oil quality requirements

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

                     (a)  fuel oil is used on board the ship; and

                     (b)  the fuel oil does not meet the requirements set out in paragraph 3 of Regulation 18 of Annex VI; and

                     (c)  one of the following applies:

                              (i)  the fuel oil is used while the ship is in the sea near a State, the Jervis Bay Territory or an external Territory and no law of that State or Territory gives effect to paragraph 3 of Regulation 18 of Annex VI in relation to that sea;

                             (ii)  the fuel oil is used while the ship is in the exclusive economic zone;

                            (iii)  the ship is an Australian ship and the fuel oil is used while the ship is beyond the exclusive economic zone.

Penalty:  500 penalty units.

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

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

Presumption

             (3)  It is presumed, unless the contrary is proved, that fuel oil is used as mentioned in paragraph (1)(c).

Note:          A defendant bears a legal burden in relation to proving the contrary (see section 13.4 of the Criminal Code).

26FEO  Bunker delivery note and sample must be provided

             (1)  A person commits an offence if:

                     (a)  the person delivers fuel oil (other than gas fuel) to a ship; and

                     (b)  the ship has a gross tonnage of 400 or more; and

                     (c)  the delivery happens while the ship is:

                              (i)  in the sea near a State, the Jervis Bay Territory or an external Territory and no law of that State or Territory gives effect to paragraph 3 of Regulation 18 of Annex VI in relation to that sea; or

                             (ii)  in the exclusive economic zone; and

                     (d)  the person does not provide to the master of the ship, in accordance with the regulations, a completed bunker delivery note in the approved form for the fuel oil delivered.

Penalty:  200 penalty units.

             (2)  A person commits an offence if:

                     (a)  the person delivers fuel oil (other than gas fuel) to a ship; and

                     (b)  the ship has a gross tonnage of 400 or more; and

                     (c)  the delivery happens while the ship is:

                              (i)  in the sea near a State, the Jervis Bay Territory or an external Territory and no law of that State or Territory gives effect to paragraph 3 of Regulation 18 of Annex VI in relation to that sea; or

                             (ii)  in the exclusive economic zone; and

                     (d)  the person does not provide to the master of the ship, in accordance with the regulations, a representative sample of the fuel oil that is sealed and signed in accordance with the regulations.

Penalty:  200 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.

26FEP  Fuel oil delivered must be in accordance with declaration

             (1)  A person commits an offence if:

                     (a)  fuel oil is delivered to a ship; and

                     (b)  the person is the fuel oil supplier of that fuel oil; and

                     (c)  the ship has a gross tonnage of 400 or more; and

                     (d)  the delivery happens while the ship is:

                              (i)  in the sea near a State, the Jervis Bay Territory or an external Territory and no law of that State or Territory gives effect to subparagraph 9.2 of Regulation 18 of Annex VI in relation to that sea; or

                             (ii)  in the exclusive economic zone; and

                     (e)  a bunker delivery note is provided for the delivery; and

                      (f)  the bunker delivery note contains a declaration signed by the person or the person’s representative certifying that the fuel oil meets the requirements set out in paragraph 3 of Regulation 18 of Annex VI; and

                     (g)  the fuel oil delivered does not meet those requirements.

Penalty:  500 penalty units.

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

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

26FEQ  Bunker delivery note must be retained and available for inspection

             (1)  A person commits an offence if:

                     (a)  the person delivers fuel oil to a ship; and

                     (b)  the person provides a bunker delivery note for the delivery; and

                     (c)  the person does not:

                              (i)  retain a copy of the bunker delivery note for at least 3 years after the fuel oil is delivered; and

                             (ii)  have that copy readily available for inspection by an inspector at all reasonable times.

Penalty:  200 penalty units.

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

                     (a)  fuel oil is delivered to the ship; and

                     (b)  the ship has a gross tonnage of 400 or more; and

                     (c)  a bunker delivery note for the delivery of fuel oil to the ship is provided to the master of the ship; and

                     (d)  the bunker delivery note is not:

                              (i)  retained in accordance with subsection (5) for 3 years after the delivery; and

                             (ii)  readily available for inspection at all reasonable times.

Penalty:  200 penalty units.

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

                     (a)  fuel oil is delivered to the ship; and

                     (b)  the ship has a gross tonnage of 400 or more; and

                     (c)  a bunker delivery note for the delivery of fuel oil to the ship is provided to the master of the ship; and

                     (d)  the bunker delivery note is not:

                              (i)  retained in the ship for 3 years after the delivery; and

                             (ii)  readily available for inspection at all reasonable times while the ship is in an Australian port or an Australian offshore terminal.

Penalty:  200 penalty units.

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

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

Retention requirements for masters and owners of Australian ships

             (5)  For the purposes of subparagraph (2)(d)(i), a bunker delivery note must be retained:

                     (a)  in the ship; or

                     (b)  at a place approved under subsection (7).

             (6)  The owner of an Australian ship that engages in scheduled services may apply in writing to the Authority for approval to retain bunker delivery notes at a particular place.

             (7)  If an application is made to the Authority, the Authority must:

                     (a)  either approve, or refuse to approve, the place; and

                     (b)  give the owner of the ship written notice of the decision including, in the case of a refusal, the reasons for the refusal.

             (8)  An application may be made to the Administrative Appeals Tribunal for review of a decision of the Authority under subsection (7) to refuse to approve a place.

26FER  Sample must be retained

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

                     (a)  fuel oil is delivered to the ship; and

                     (b)  the ship has a gross tonnage of 400 or more; and

                     (c)  a representative sample of fuel oil is provided to the master in connection with the delivery of fuel oil to the ship; and

                     (d)  the sample is not retained in accordance with the regulations until the later of the following:

                              (i)  the time at which the fuel oil delivered is substantially consumed;

                             (ii)  the end of 12 months after the day on which the fuel oil is delivered.

Penalty:  200 penalty units.

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

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

26FES  Notification of sulphur content of gas fuel

             (1)  A person commits an offence if:

                     (a)  the person delivers gas fuel to a ship; and

                     (b)  the ship has a gross tonnage of 400 or more; and

                     (c)  the delivery happens while the ship is:

                              (i)  in the sea near a State, the Jervis Bay Territory or an external Territory and no law of that State or Territory gives effect to paragraph 3 of Regulation 18 of Annex VI in relation to that sea; or

                             (ii)  in the exclusive economic zone; and

                     (d)  the person does not provide to the master of the ship, in connection with that delivery, documentation specifying the sulphur content for the gas fuel delivered.

Penalty:  200 penalty units.

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

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


 

Division 4Ozone depleting substances record book

26FET  Ozone depleting substances record book

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

                     (a)  has a gross tonnage of 400 or more; and

                     (b)  has at least one rechargeable system containing ozone depleting substances; and

                     (c)  is engaged on an overseas voyage.

Ship to carry ozone depleting substances record book

             (2)  The ship must carry an ozone depleting substances record book as required by the regulations.

             (3)  An ozone depleting substances record book must:

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

                     (b)  make provision for a signature, in accordance with subsection (7), in relation to each page of it; and

                     (c)  make provision for a signature, in accordance with subsection (8), in relation to each entry made in it.

             (4)  The master and the owner of the ship each commit an offence if the ship does not carry an ozone depleting substances record book as required by this section.

Penalty:  200 penalty units.

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

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

Recording prescribed operations or prescribed occurrences in ozone depleting substances record book

             (6)  The master of the ship commits an offence if:

                     (a)  a prescribed operation or prescribed occurrence is carried out or occurs in, or in relation to, the ship; and

                     (b)  neither of the following subparagraphs applies:

                              (i)  the master of the ship makes, without delay, appropriate entries in accordance with subsection (8) in the ship’s ozone depleting substances record book;

                             (ii)  the master of the ship causes appropriate entries in accordance with that subsection to be made in that book as soon as is practicable in the circumstances.

Penalty:  200 penalty units.

Signing of pages of ozone depleting substances record book

             (7)  The master of the ship commits an offence if:

                     (a)  a page of the ship’s ozone depleting substances record book is completed; and

                     (b)  the master of the ship does not, as soon as is practicable in the circumstances, sign the page.

Penalty:  200 penalty units.

Form of entries in ozone depleting substances record book

             (8)  An entry in a ship’s ozone depleting substances record book:

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

                     (b)  if the entry is made in relation to a prescribed operation—must be signed by the person in charge of the operation.

Overseas voyage

             (9)  For the purposes of this section, overseas voyage has the same meaning as in the Navigation Act 1912. However, if an Australian fishing vessel (within the meaning of that Act) that is regularly engaged in making voyages from a port or ports in Queensland:

                     (a)  begins a voyage at a port in Queensland; and

                     (b)  ends the voyage at the same port or another port in Queensland;

that voyage is not taken to be an overseas voyage merely because, as an incidental part of its fishing operations on that voyage, the vessel calls at a port or ports in Papua New Guinea.

26FEU  False or misleading entries in ozone depleting substances record book

                   A person commits an offence if:

                     (a)  the person makes an entry in an ozone depleting substances record book of a ship; and

                     (b)  section 26FET applies to the ship; and

                     (c)  the entry is false or misleading in a material particular.

Penalty:  200 penalty units.

26FEV  Ozone depleting substances record book to be retained

Retention etc. of ozone depleting substances record book in ship

             (1)  The master and the owner of a ship to which section 26FET applies each commit an offence if:

                     (a)  the ship’s ozone depleting substances record book is not retained in the ship until the end of one year beginning on the day after the day on which the last entry is made in the book; or

                     (b)  the ship’s ozone depleting substances record book is not readily available for inspection by an inspector at all reasonable times during that period.

Penalty:  200 penalty units.

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

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

Retention etc. of ozone depleting substances record book in ship or at other places

             (3)  The owner of a ship to which section 26FET applies commits an offence if:

                     (a)  none of the following subparagraphs applies in relation to the ship’s ozone depleting substances record book:

                              (i)  it is retained in the ship until the end of 2 years beginning on the day after the end of the period referred to in paragraph (1)(a);

                             (ii)  it is retained at the owner’s registered office, or at a place or office whose address is notified under subsection (4), until the end of 2 years beginning on the day after the end of the period referred to in paragraph (1)(a);

                            (iii)  it is deposited in accordance with subsection (5) until the end of 2 years beginning on the day after the end of the period referred to in paragraph (1)(a); or

                     (b)  the ship’s ozone depleting substances record book is not readily available for inspection by an inspector at all reasonable times during the 2‑year period mentioned in paragraph (a).

Penalty:  200 penalty units.

Notification of places or offices

             (4)  The owner of a ship to which section 26FET applies who resides in Australia, or has an office or agent in Australia, may give to a prescribed officer notice, in writing, of the address of:

                     (a)  the place at which the owner so resides; or

                     (b)  the owner’s office in Australia or, if the owner has more than one office in Australia, the owner’s principal office in Australia; or

                     (c)  the office or place of residence of the owner’s agent or, if the owner’s agent has more than one office in Australia, the principal office in Australia of the owner’s agent.

Deposit of ozone depleting substances record book

             (5)  If the owner of a ship to which section 26FET applies does not reside in Australia and does not have an office or agent in Australia, the owner may deposit the ship’s ozone depleting substances record book with a prescribed officer.


 

Part IVMiscellaneous

  

26G  Power to require information

             (1)  If:

                     (a)  a foreign ship is navigating in the territorial sea or the exclusive economic zone; and

                     (b)  there are clear grounds for believing that an act or omission that constitutes a contravention of this Act has occurred in relation to the ship while in the exclusive economic zone;

the Authority may require the master of the ship to give to the Authority such of the information referred to in subsection (2) as the Authority requires.

             (2)  All or any of the following information may be required:

                     (a)  the ship’s identity;

                     (b)  its port of registry;

                     (c)  its last port of call;

                     (d)  its next port of call;

                     (e)  such other relevant information required to establish whether the contravention occurred.

27  Powers of inspectors

             (1)  For the purpose of ascertaining:

                     (a)  whether a provision of this Act that is applicable in relation to an Australian ship has been complied with in respect of the ship;

                     (b)  whether there has been a discharge from a ship in contravention of this Act;

                     (c)  whether a provision of the Convention that is applicable in relation to a foreign ship has been complied with in respect of the ship; or

                     (d)  whether a provision of a law of a country other than Australia giving effect to the Convention, being a provision that is applicable in relation to a foreign ship, has been complied with in respect of the ship;

an inspector may:

                     (e)  go on board the ship with such assistants and equipment as he or she considers necessary; and

                      (f)  require the master of the ship to take such steps as the inspector directs to facilitate the boarding; and

                     (g)  inspect and test any machinery or equipment of the ship; and

                     (h)  require the master of the ship to take such steps as the inspector directs to facilitate the inspection or testing of any machinery or equipment of the ship; and

                      (j)  open, or require the master of the ship to cause to be opened, any hold, bunker, tank, compartment or receptacle in or on board the ship and inspect the contents of any hold, bunker, tank, compartment or receptacle in or on board the ship; and

                     (k)  require the master of the ship to produce a record book required by this Act to be carried in the ship or any other books, documents or records relating to the ship or its cargo that are carried in the ship; and

                    (m)  make copies of, or take extracts from, any such books, documents or records; and

                     (n)  require the master of the ship to certify that a true copy of an entry in a record book required by this Act to be carried in the ship made by the inspector is a true copy of such an entry; and

                     (p)  require the master of the ship to produce any substances on board the ship or under the ship’s control; and

                   (pa)  examine, and take samples of, any substances on board the ship or under the ship’s control; and

                     (q)  require a person to answer questions.

          (1A)  This section does not authorise the inspection of a foreign ship navigating in the exclusive economic zone if the inspection is in respect of an act or omission, or possible act or omission, in relation to the ship while in the exclusive economic zone unless:

                     (a)  there are clear grounds for believing that the act or omission was a substantial discharge or disposal causing or threatening to cause significant pollution of the marine environment; and

                     (b)  a requirement for information under section 26G has not been complied with, or information supplied purportedly in compliance with such a requirement is manifestly at variance with the evident factual situation.

             (2)  A person must not fail to comply with a requirement made of the person by an inspector under subsection (1).

Penalty:  80 penalty units.

          (2A)  A person must not, in answering a question that the person is required to answer under subsection (1), make a statement that is false or misleading in a material particular.

Penalty:  200 penalty units.

             (3)  An inspector shall not, in exercising his or her powers under subsection (1), unnecessarily delay a ship from going to sea.

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

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

             (5)  Subsection (2) does not apply if the person has a reasonable excuse.

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

27A  Detention of foreign ships in connection with pollution breaches

             (1)  The Authority may detain a foreign ship if:

                     (a)  the ship is voluntarily at a port and there are clear grounds for believing that a pollution breach has occurred as a result of acts or omissions in relation to the ship in the territorial sea or the exclusive economic zone; or

                     (b)  the ship is in the territorial sea and there are clear grounds for believing that a pollution breach has occurred as a result of acts or omissions in relation to the ship while navigating in the territorial sea; or

                     (c)  the ship is in the territorial sea or the exclusive economic zone and there is clear objective evidence that:

                              (i)  a pollution breach has occurred as a result of acts or omissions in relation to the ship in the exclusive economic zone; and

                             (ii)  the actions resulted in a discharge from the ship that has caused or threatens to cause major damage to the coastline of Australia, to related interests of Australia or to any resources of the territorial sea or exclusive economic zone.

             (2)  If the ship is detained under paragraph (1)(b) or (c), the Authority may escort it to a port.

             (3)  The ship must be immediately released if:

                     (a)  security is provided in accordance with subsection (4); or

                     (b)  all proceedings that have been instituted in respect of the pollution breach have been discontinued; or

                     (c)  all such proceedings have been concluded (whether or not any appeal is pending) without any person being convicted of an offence or being found liable to pay an amount of money; or

                     (d)  all such proceedings have been concluded, and all penalties and/or other amounts of money, and all costs and expenses ordered to be paid, in respect of the pollution breach have been paid; or

                     (e)  the Authority forms the belief that the pollution breach did not occur, or did not occur as a result of actions in relation to the ship; or

                      (f)  the Authority determines for any other reason that the ship should be released.

             (4)  Security referred to in paragraph (3)(a) must:

                     (a)  be provided in a form acceptable to the Authority; and

                     (b)  be an amount that, in the Authority’s opinion, is equivalent to the maximum amount of all penalties, other amounts of money, costs and expenses that could be payable by the master and any other member of the crew of the ship and the owner of the ship in respect of the pollution breach.

             (5)  The master and owner of the ship are guilty of an offence if:

                     (a)  the ship was detained at a port and leaves the port; or

                     (b)  the ship was detained in the territorial sea and leaves the outer limits of the territorial sea; or

                     (c)  the ship was detained in the exclusive economic zone and leaves the outer limits of the exclusive economic zone;

before it is released from detention.

Penalty:  2,000 penalty units.

          (5A)  An offence under subsection (5) is an offence of strict liability.

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

             (6)  In this section:

Australia includes all the external Territories.

pollution breach means:

                     (a)  a discharge or disposal from a ship that:

                              (i)  contravenes this Act; or

                             (ii)  gives rise to a right of recovery by the Authority under Part IVA of the Protection of the Sea (Civil Liability) Act 1981; or

                     (b)  an offence against section 26FEG or 26FEN.

port means a port in Australia, and is taken to include an off‑shore installation over which Australia has jurisdiction.

27B  Notification of measures taken in relation to foreign ships

                   The Authority must comply with the requirements of article 231 of the Law of the Sea Convention in relation to any measures taken, under this Act or Part IVA of the Protection of the Sea (Civil Liability) Act 1981, in relation to a foreign ship.

27C  Failure to comply with requirements for information under foreign laws

             (1)  The master and owner of an Australian ship are guilty of an offence if:

                     (a)  a requirement to give information is made, in relation to the ship, under a law of a foreign country in circumstances in which paragraph 3 of article 220 of the Law of the Sea Convention permits such a requirement to be made; and

                     (b)  the requirement is not complied with.

Penalty:  500 penalty units.

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

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

28  Prosecution of offences against Act

             (1)  Subject to subsection (2), an offence against this Act (other than an offence against subsection 27(2) or a provision of the regulations) is an indictable offence.

             (2)  Notwithstanding that an offence against this Act (other than an offence against subsection 27(2) or a provision of the regulations) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

             (3)  If, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence against this Act (other than an offence against a section referred to in subsection (4)), the penalty that the court may impose is a fine not exceeding 80 penalty units.

             (4)  If, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence against section 9, 21, 26AB, 26D, 26F, 26FEG or 26FEH, the penalty that the court may impose is a fine not exceeding 200 penalty units.

             (5)  Where, in proceedings for an offence against this Act in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.

             (6)  Any conduct engaged in on behalf of a corporation:

                     (a)  by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or

                     (b)  by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;

shall be deemed, for the purposes of a provision of this Act that creates an offence, to have been engaged in by the corporation.

             (7)  A reference in subsection (5) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.

29  Time limits for prosecution

             (1)  Subject to subsection (2), a prosecution for an offence against this Act may be brought at any time.

             (2)  If the prosecution relates to an act or omission that involves a foreign ship:

                     (a)  the prosecution must not be brought more than 3 years after the act or omission; and

                     (b)  the prosecution must be suspended if under paragraph 1 of article 228 of the Law of the Sea Convention the prosecution is required to be suspended, and must be terminated if under that paragraph the prosecution is required to be terminated.

29A  Service on master or owner of ship

             (1)  A document to be served on the master or any other member of the crew of a ship, or on the owner of a ship, in respect of an offence against this Act may be served on the agent of the ship instead.

             (2)  A document served on the agent of a ship under subsection (1) is taken to have been served on the master or other member of the crew of the ship, or on the owner of the ship, as the case requires.

29B  Certificates by Minister

                   The Minister may, by writing signed by him or her, certify that a document set out in, or annexed to, the certificate:

                     (a)  sets out the terms of the 1973 Convention; or

                     (b)  sets out the terms of the 1978 Protocol;

and such a certificate is, for all purposes, prima facie evidence of the matters so certified.

30  Evidence

                   In any proceedings for an offence against a provision of this Act:

                     (a)  any record kept in pursuance of this Act is admissible as prima facie evidence of the facts stated in the record;

                     (b)  a copy of an entry in such a record, being a copy certified by the person by whom the record is required to be kept to be a true copy of the entry, is admissible as prima facie evidence of the facts stated in the entry; and

                     (c)  a document purporting to be a record kept in pursuance of this Act, or purporting to be such a certified copy as referred to in paragraph (b), shall, unless the contrary is proved, be deemed to be such a record or certified copy, as the case may be.

31  Evidence of analyst

             (1)  The Authority may, in writing, appoint appropriately qualified persons to be analysts for the purposes of this Act.

             (2)  Subject to subsection (4), a certificate signed by an analyst appointed under subsection (1) setting out, in relation to a substance, one or more of the following:

                     (a)  when and from whom the substance was received;

                     (b)  what labels or other means of identifying the substance accompanied it when it was received;

                     (c)  what container the substance was in when it was received;

                     (d)  a description of the substance received;

                     (e)  that he or she has analysed or examined the substance;

                      (f)  the date on which the analysis or examination was carried out;

                     (g)  the method used in conducting the analysis or examination;

                     (h)  the results of the analysis or examination;

is admissible in any proceeding for an offence against a provision of this Act as prima facie evidence of the matters in the certificate and the correctness of the results of the analysis or examination.

             (3)  For the purposes of this section, a document purporting to be a certificate referred to in subsection (2) shall, unless the contrary is proved, be deemed to be such a certificate.

             (4)  A certificate referred to in subsection (2) shall not be received in evidence in pursuance of that subsection unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings.

             (5)  Where, in pursuance of subsection (2), a certificate of an analyst appointed under subsection (1) is admitted in evidence, the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross‑examined as if he or she had given evidence of the matters stated in the certificate.

             (6)  Subsection (5) does not entitle a person to require an analyst to be called as a witness for the prosecution unless:

                     (a)  the prosecutor has been given at least 5 days notice of the person’s intention to require the analyst to be so called; or

                     (b)  the Court, by order, allows the person to require the analyst to be so called.

32  Application of certain provisions to foreign ships

             (1)  Subject to subsection (2), the regulations may make provision applying, with such modifications or exceptions as may be prescribed, any of the provisions of this Act relating to record books required by this Act to be carried in Australian ships to foreign ships, including foreign ships flying the flag of, or under the authority of, a Party to the Convention, and to prescribed operations or prescribed occurrences carried out or occurring in, or in relation to, such ships at any time when they are in a port in Australia or are in the territorial sea of Australia or in the sea on the landward side of the territorial sea of Australia while on their way to or from a port in Australia.

          (1A)  Subject to subsection (2), the regulations may provide that any of the provisions of this Act relating to the keeping of a shipboard oil pollution emergency plan on board of Australian ships apply, with any modifications or exceptions that are prescribed, to foreign ships:

                     (a)  in a port in Australia; or

                     (b)  in the territorial sea of Australia; or

                     (c)  in the sea on the landward side of the territorial sea of Australia.

          (1B)  Subject to subsection (2), the regulations may provide that any of the provisions of this Act relating to the keeping of a shipboard waste management plan on board Australian ships apply, with any modifications or exceptions that are prescribed, to foreign ships:

                     (a)  in a port in Australia; or

                     (b)  in the territorial sea of Australia; or

                     (c)  in the sea on the landward side of the territorial sea of Australia.

             (2)  A regulation under this section does not apply to a foreign ship if the ship is in a port in Australia or in the territorial sea of Australia or in the sea on the landward side of the territorial sea of Australia on its way to or from a port in Australia, as the case may be, for the purpose of securing the safety of a ship or of human life.

33  Regulations

             (1)  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act;

and, in particular:

                     (c)  for and in relation to giving effect to the Convention, other than provisions of the Convention to which effect is given by a provision of this Act, any other Act or any instrument made under any other Act;

                     (e)  fixing fees to be paid in respect of any matters under this Act;

                      (f)  prescribing penalties not exceeding 50 penalty units for a contravention of a provision of the regulations or of any of the orders made under section 34; and

                     (g)  exempting, either absolutely or subject to conditions, a prescribed ship, or ships included in a prescribed class of ships, from all or any of the provisions of this Act or of the regulations.

          (1A)  The limit in paragraph (1)(f) on penalties does not apply to regulations made for the purposes of subsection 32(1), (1A) or (1B).

             (2)  Regulations, and orders made under section 34, giving effect to Annex I, II, III, IV, V or VI to the Convention do not apply in relation to a ship as defined by subsection (4) to the extent that a law of a State or a Territory gives effect to the Annex in relation to that ship.

             (3)  In proceedings for an offence against a provision of the regulations, a ship shall, unless the contrary is proved, be deemed not to be a ship as defined by subsection (4).

             (4)  In subsections (2) and (3), a reference to a ship as defined by this subsection shall be construed as a reference to a ship that is:

                     (a)  a trading ship proceeding on a voyage other than an overseas voyage or an inter‑State voyage;

                     (b)  an Australian fishing vessel proceeding on a voyage other than an overseas voyage; or

                     (c)  a pleasure craft.

             (5)  For the purposes of subsection (4):

                     (a)  trading ship, inter‑State voyage, Australian fishing vessel and pleasure craft have the same respective meanings as they have in the Navigation Act 1912;

                     (b)  overseas voyage has the same meaning as it has in the Navigation Act 1912 except that a voyage of an Australian fishing vessel (being a ship that is regularly engaged in making voyages from a port or ports in Queensland) commencing at a port in that State and ending at the same port or another port in that State shall not be taken to be an overseas voyage by reason only that, as an incidental part of its fishing operations on that voyage, the ship calls at a port or ports in Papua New Guinea; and

                     (c)  a ship shall be deemed to be proceeding on a voyage from the time when it has got under way for the purpose of proceeding on the voyage until the time when it has got under way for the purpose of proceeding on another voyage.

34  Orders

             (1)  The Authority may, by legislative instrument, make orders with respect to any matter for or in relation to which provision may be made by the regulations, other than matters referred to in paragraph 33(1)(f).

Note:          Part 6 of the Legislative Instruments Act 2003, which deals with sunsetting of legislative instruments, does not apply to an order under this subsection (see item 35 of the table in subsection 54(2) of that Act).

             (4)  Unless the contrary intention appears, expressions used in orders made pursuant to the regulations have the same meanings as in this Act.

             (5)  Orders made pursuant to the regulations shall be read subject to this Act and the regulations and so as not to exceed the power conferred by this Act and the regulations to the intent that, where such orders would, but for this subsection, have been construed as being in excess of the power conferred by this Act and the regulations, they shall be deemed to be valid orders to the extent to which they are not in excess of that power.

             (6)  Where a provision of an order made pursuant to the regulations is inconsistent with a provision of this Act or the regulations, the latter shall prevail and the former shall, to the extent of the inconsistency, be of no force or effect.

             (8)  Despite section 14 of the Legislative Instruments Act 2003, the regulations may make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in orders made pursuant to the regulations as existing from time to time.

35  Repeal

             (1)  The Protection of the Sea (Discharge of Oil from Ships) Act 1981 is repealed.

             (2)  Notwithstanding the repeal of the Act referred to in subsection (1) effected by that subsection:

                     (a)  the provisions of that Act continue to apply, after the commencement of this section, in relation to:

                              (i)  any discharge of oil, or of an oily mixture, within the meaning of that Act that occurred or commenced before the commencement of this section;

                             (ii)  any prescribed operation within the meaning of subsection 12(4) of that Act that was carried out or commenced before the commencement of this section; and

                            (iii)  any prescribed occurrence within the meaning of subsection 12(4) of that Act that occurred or commenced before the commencement of this section; and

                     (b)  section 14 of that Act continues to apply, after the commencement of this section, in relation to any oil record book that, in accordance with subsection 12(1) of that Act, was carried in an Australian ship before the commencement of this section;

as if that Act had not been repealed.


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

Note 1

The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 as shown in this compilation comprises Act No. 41, 1983 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 1 October 2001 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

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

41, 1983

20 June 1983

Ss. 1 and 2: Royal Assent
Remainder: 14 Jan 1988 (see Gazette 1988, No. S8)

 

Statute Law (Miscellaneous Provisions) Act (No. 1) 1984

72, 1984

25 June 1984

S. 3: 23 July 1984 (a)

S. 5(1)

Statute Law (Miscellaneous Provisions) Act (No. 1) 1985

65, 1985

5 June 1985

S. 3: (b)

Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 1986

81, 1986

24 June 1986

Ss. 1 and 2: Royal Assent
Remainder: 23 Sept 1988 (see Gazette 1988, No. S291)

Protection of the Sea Legislation Amendment Act 1986

167, 1986

18 Dec 1986

Ss. 16 and 30–32: Royal Assent (c)
Ss. 17(1), 18, 19, 20(1), 29(1) and 33(1): 14 Jan 1988 (see Gazette 1988, No. S8) (c)
Ss. 17(2), 20(2), 21–25, 29(2), 33(2), 34(1) and (2): 14 Jan 1988 (see Gazette 1988, No. S8) (c)
Ss. 17(3), 28, 29(3) and 34(3): 14 Nov 1990 (see Gazette 1990, No. S296) (c)
Ss. 26 and 27: 10 Jan 1995 (see Gazette 1994, No. S462) (c)

as amended by

 

 

 

 

Statute Law (Miscellaneous Provisions) Act 1987

141, 1987

18 Dec 1987

S. 3: (d)

S. 5(1)

Transport and Communications Legislation Amendment Act 1990

11, 1991

21 Jan 1991

S. 45: (e)

Statute Law (Miscellaneous Provisions) Act 1987

141, 1987

18 Dec 1987

S. 3: Royal Assent (f)

S. 5(1)

Transport Legislation Amendment Act 1988

57, 1988

15 June 1988

Ss. 1, 2, 3(3)–(6), 4, 8, 9, 13, 16 and
19–27: Royal Assent
Ss. 3(1), (2), 5, 6, 17 and 18: 1 July 1988 (see Gazette 1988, No. S193)
Ss. 10–12, 14 and 15: 13 June 1986 (see s. 2(2) and Gazette 1986, No. S269)
Remainder: 1 May 1989 (see Gazette 1989, No. S150)

Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988

99, 1988

2 Dec 1988

2 Dec 1988

Transport Legislation Amendment Act 1989

6, 1989

16 Mar 1989

S. 8: (g)

Transport and Communications Legislation Amendment Act (No. 2) 1989

23, 1990

17 Jan 1990

S. 52: Royal Assent (h)
S. 53: (h)

Australian Maritime Safety Authority Act 1990

78, 1990

22 Oct 1990

Ss. 35, 48, 62 and 63: 1 Jan 1991
Remainder: Royal Assent

S. 63

as amended by

 

 

 

 

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Schedule 3 (item 4): 22 Oct 1990 (i)

Transport and Communications Legislation Amendment Act 1990

11, 1991

21 Jan 1991

Ss. 34 and 35: Royal Assent (j)

Transport Legislation Amendment Act 1991

101, 1991

27 June 1991

Ss. 23–27: Royal Assent (k)

S. 3

Transport and Communications Legislation Amendment Act (No. 2) 1992

71, 1992

26 June 1992

Ss. 29, 30(1), 31 and 44(2): Royal Assent (l)
Ss. 30(2), 32, 43 and 44(3): 4 Apr 1993 (l)
Ss. 30(3), 36–42 and 44(4): 29 Dec 2000 (l)
Ss. 33–35: (l)
S. 44(1): 1 July 1992 (l)

S. 2(6) (am. by 74, 2000, Sch. 1 [item 1])
S. 2(6A) (ad. by 74, 2000, Sch. 1 [item 2])

as amended by

 

 

 

 

Transport Legislation Amendment Act 2000

74, 2000

28 June 2000

Schedule 1: Royal Assent (la)

Transport and Communications Legislation Amendment Act (No. 3) 1992

216, 1992

24 Dec 1992

Part 7 (ss. 26–29): 6 July 1993 (see Gazette 1993, No. GN25) (m)

Transport and Communications Legislation Amendment Act (No. 2) 1993

5, 1994

18 Jan 1994

Schedule (items 68, 69): Royal Assent (n)

Transport and Communications Legislation Amendment Act 1994

64, 1994

30 May 1994

S. 3(1): (o)

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Schedule 5 (items 123, 124): Royal Assent (p)

Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001

143, 2001

1 Oct 2001

2 Oct 2001

S. 4 [see Table A]

International Maritime Conventions Legislation Amendment Act 2001

149, 2001

1 Oct 2001

Schedule 3 (items 1–91,
106–130): Royal Assent (q)
Schedule 3 (items 92–105): (q)

Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 2002

4, 2002

4 Apr 2002

Schedule 1 (items 1–6, 9, 10): 5 Apr 2002
Schedule 1 (items 7, 8): (r)
Remainder: Royal Assent

Maritime Legislation Amendment Act 2003

7, 2003

19 Mar 2003

Schedule 1 (items 7–9): 20 Mar 2003
Schedule 3 (items 2–28): Royal Assent

Maritime Legislation Amendment (Prevention of Pollution from Ships) Act 2003

47, 2003

26 June 2003

Schedule 1 (items 23, 24): (s)
Schedule 1 (items 25–31): (s)

Maritime Legislation Amendment Act 2006

24, 2006

6 Apr 2006

Schedule 3: 6 Oct 2006

Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act 2006

109, 2006

27 Sept 2006

Schedule 2 (items 68–71): Royal Assent

Maritime Legislation Amendment (Prevention of Pollution from Ships) Act 2006

138, 2006

30 Nov 2006

Schedules 1 and 2: 1 Jan 2007
Remainder: Royal Assent

Maritime Legislation Amendment (Prevention of Air Pollution from Ships) Act 2007

24, 2007

15 Mar 2007

Schedule 1: 10 Nov 2007 (see F2007L03764)
Schedule 2 (items 1–4, 7–12,
15–18): 16 Mar 2007
Schedule 2 (items 5, 6): 1 Aug 2007
Remainder: Royal Assent

Sch. 2 (item 18) [see Table A]

Protection of the Sea Legislation Amendment Act 2008

94, 2008

3 Oct 2008

Schedule 2 (items 2, 5, 6): Royal Assent
Schedule 2 (item 3): 1 Jan 2010
Schedule 2 (item 4): 1 Dec 2008

Personal Property Securities (Consequential Amendments) Act 2009

131, 2009

14 Dec 2009

Schedule 3 (item 13): [see Note 2]

Statute Law Revision Act 2010

8, 2010

1 Mar 2010

Schedule 5 (item 137(a)): (t)

Protection of the Sea Legislation Amendment Act 2010

116, 2010

9 Nov 2010

Schedule 1: 10 Nov 2010

Sch. 1 (item 37) [see Table A]

Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers) Act 2011

90, 2011

4 Aug 2011

5 Aug 2011

Sch. 1 (item 2) [see Table A]


(a)     The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(b)     The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsections 2(1) and (38) of which provide as follows:

                 (1)   Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

               (38)   The amendments of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (other than the amendments of subsection 34(3) and Schedule 1) made by this Act shall come into operation on a day to be fixed by Proclamation.

The date fixed in pursuance of subsection 2(1) was 3 July 1985.

The date fixed in pursuance of subsection 2(38) was 1 March 1986 (see Gazette 1986, No. S81).

(c)     The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 was amended by sections 16–34 only of the Protection of the Sea Legislation Amendment Act 1986, subsections 2(1)–(4) of which provide as follows:

                 (1)   Sections 1, 2, 3, 13, 16, 30, 31 and 32 and Part V shall come into operation on the day on which this Act receives the Royal Assent.

                 (2)   Sections 5, 6 and 7, subsections 12(1), 15(1) and 17(1), sections 18 and 19 and subsections 20(1), 29(1) and 33(1) shall come into operation on the day on which Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 comes into operation.

                 (3)   Sections 8, 9 and 10, subsections 12(2), 15(2), 17(2) and 20(2), sections 21, 22, 23, 24 and 25 and subsections 29(2), 33(2) and 34(1) and (2) shall come into operation on the day on which Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 comes into operation.

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

(d)     The Protection of the Sea Legislation Amendment Act 1986 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2(26) of which provides as follows:

               (26)   The amendments of paragraph 20(2)(b) of, and Schedules 1, 2 and 8 to, the Protection of the Sea Legislation Amendment Act 1986 made by this Act shall respectively come into operation or be deemed to have come into operation, as the case requires, on the commencement of subsection 20(2), subsection 15(1), subsection 15(2) and section 40 of the first‑mentioned Act.

         The date fixed in pursuance of subsection 2(26) on the commencement of subsection 20(2) was 14 January 1988 (see Gazette 1988, No. S8).

(e)     The Protection of the Sea Legislation Amendment Act 1986 was amended by section 45 only of the Transport and Communications Legislation Amendment Act 1990, paragraph 2(13)(d) of which provides as follows:

                 (d)   the amendment of the Protection of the Sea Legislation Amendment Act 1986 is taken to have commenced immediately after the commencement of subsection 20(2) of that Act;

Subsection 20(2) commenced on 14 January 1988 (see Gazette 1988, No. S8).

(f)      The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(g)     The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 was amended by section 8 only of the Transport Legislation Amendment Act 1989, subsections 2(1) and
(5)–(8) of which provide as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

                 (5)   The amendments of sections 5 and 26F of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 made by this Act commence immediately after the commencement of section 28 of the Protection of the Sea Legislation Amendment Act 1986.

Section 28 commenced on 14 November 1990 (see Gazette 1990, No. S296).

                 (6)   The amendments of section 26AB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 made by this Act commence immediately after the commencement of section 26 of the Protection of the Sea Legislation Amendment Act 1986.

Section 26 commenced on 10 January 1995 (see Gazette 1994, No. S462).

                 (7)   The amendments of section 26D of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 made by this Act commence immediately after the commencement of Part IIIB of that Act.

Part IIIB commenced on 14 November 1990 (see Gazette 1990, No. S296).

                 (8)   The amendment of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 made by this Act that inserts proposed section 26DA commences at the commencement of section 28 of the Protection of the Sea Legislation Amendment Act 1986.

Section 28 commenced on 14 November 1990 (see Gazette 1990, No. S296).

(h)     The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 was amended by sections 52 and 53 only of the Transport and Communications Legislation Amendment Act (No. 2) 1989, subsections 2(1) and (7) of which provide as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

                 (7)   The amendments of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 made by this Act commence immediately after the commencement of Part IIIC of that Act.

Part IIIC commenced on 14 November 1990 (see Gazette 1990, No. S296).

(i)      The Australian Maritime Safety Authority Act 1990 was amended by Schedule 3 (item 4) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:

                 (3)   Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.

(j)      The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 was amended by sections 34 and 35 only of the Transport and Communications Legislation Amendment Act 1990, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(k)     The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 was amended by sections 23–27 only of the Transport Legislation Amendment Act 1991, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(l)      The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 was amended by sections 29–44 only of the Transport and Communications Legislation Amendment Act (No. 2) 1992, subsections 2(1), (5), (6), (6A), (7) and (8) of which provide as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

                 (5)   Subsection 30(2), sections 32 and 43 and subsection 44(3) commence on 4 April 1993.

                 (6)   Subsection 30(3), sections 36 to 42 (inclusive) and subsection 44(4) commence on a day to be fixed by Proclamation.

               (6A)   If the provisions mentioned in subsection (6) do not commence under that subsection within 6 months after the day on which the Transport Legislation Amendment Act 2000 receives the Royal Assent, they commence on the first day after the end of that period.

                 (7)   Sections 33, 34 and 35 commence immediately after the commencement of section 26 of the Protection of the Sea Legislation Amendment Act 1986.

                 (8)   Subsection 44(1) commences on 1 July 1992.

Section 26 of the Protection of the Sea Legislation Amendment Act 1986 commenced on 10 January 1995 (see Gazette 1994, No. S462).

(la)    The Transport and Communications Legislation Amendment Act (No. 2) 1992 was amended by Schedule 1 only of the Transport Legislation Amendment Act 2000, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(m)    The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 was amended by Part 7 (sections 26–29) only of the Transport and Communications Legislation Amendment Act (No. 3) 1992, subsection 2(5) of which provides as follows:

                 (5)   Subject to subsection (9), Part 7 commences on a day to be fixed by Proclamation.

(n)     The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 was amended by the Schedule (items 68 and 69) only of the Transport and Communications Legislation Amendment Act (No. 2) 1993, subsection 2(1) of which provides as follows:

                 (1)   Subject to subsections (2) to (10) (inclusive), this Act commences on the day on which it receives the Royal Assent.

(o)     The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 was amended by subsection 3(1) only of the Transport and Communications Legislation Amendment Act 1994, subsections 2(3) and (4) of which provide as follows:

                 (3)   Subject to subsection (4), the amendments of subsections 22(2) and (4) of the Protection of the Sea (Civil Liability) Act 1981 and the amendments of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 commence:

                              (a)   if this Act receives the Royal Assent before the day on which the Maritime Legislation Amendment Act 1994 comes into operation—on the day on which that Act comes into operation; or

                              (b)   otherwise—on the day on which this Act receives the Royal Assent.

The date fixed in pursuance of subsection 2(3) was 1 August 1994 (see Gazette 1994, No. S289).

                 (4)   The amendment of subsection 26AB(4) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 commences immediately after the commencement of section 26 of the Protection of the Sea Legislation Amendment Act 1986.

Section 26 commenced on 10 January 1995 (see Gazette 1994, No. S462).

(p)     The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 was amended by Schedule 5 (items 123 and 124) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:

                 (1)   Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

(q)     The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 was amended by Schedule 3 only of the International Maritime Conventions Legislation Amendment Act 2001, subsections 2(1) and (4) of which provide as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

                 (4)   If Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 has not commenced before the day on which this Act receives the Royal Assent, items 92 to 105 of Schedule 3 commence on the day on which that Division commences, immediately after the commencement of that Division.

Division 2 of Part IIIB commenced on 27 May 2004 (see Gazette 2004, No. GN17).

(r)     Subsection 2(1) (item 3) of the Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 2002 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

3.  Schedule 1, items 7 and 8

Immediately after item 92 of Schedule 3 to the International Maritime Conventions Legislation Amendment Act 2001 commences

27 May 2004 (see Gazette 2004, No. GN17)

(s)     Subsection 2(1) (items 3–5) of the Maritime Legislation Amendment (Prevention of Pollution from Ships) Act 2003 provide as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

Provision(s)

Commencement

Date/Details

3.  Schedule 1, item 23

Immediately after the commencement of item 7 of Schedule 1 to the Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 2002

27 May 2004 (see Gazette 2004, No. GN17)

4.  Schedule 1, item 24

Immediately after the commencement of item 8 of Schedule 1 to the Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 2002

27 May 2004 (see Gazette 2004, No. GN17)

5.  Schedule 1, items 25 to 31

Immediately after the commencement of Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983

27 May 2004 (see Gazette 2004, No. GN17)

(t)      Subsection 2(1) (items 31 and 38) of the Statute Law Revision Act 2010 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Provision(s)

Commencement

Date/Details

31.  Schedule 5, items 1 to 51

The day this Act receives the Royal Assent.

1 March 2010

38.  Schedule 5, Parts 2 and 3

Immediately after the provision(s) covered by table item 31.

1 March 2010


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Title.....................................

rs. No. 24, 2007

Part I

 

S. 3 .....................................

am. No. 65, 1985; Nos. 81 and 167, 1986; No. 141, 1987; No. 78, 1990 (as am. by No. 43, 1996); No. 101, 1991; Nos. 71 and 216, 1992; No. 64, 1994; No. 149, 2001; No. 138, 2006; No. 24, 2007

S. 3A ..................................

ad. No. 138, 2006

S. 4 .....................................

am. No. 81, 1986

S. 5 .....................................

rs. No. 81, 1986

 

am. No. 6, 1989; No. 24, 2007

S. 6 .....................................

am. No. 64, 1994

S. 7 .....................................

rep. No. 78, 1990

 

ad. No. 143, 2001

Part II

 

S. 9 .....................................

am. No. 72, 1984; No. 65, 1985; Nos. 81 and 167, 1986; No. 6, 1989; No. 101, 1991; Nos. 71 and 216, 1992; No. 64, 1994; No. 149, 2001; No. 4, 2002; No. 138, 2006; No. 24, 2007; No. 94, 2008

Note to s. 9(2) ...................

ad. No. 149, 2001

Note to s. 9(4) ...................

ad. No. 149, 2001

 

rep. No. 94, 2008

S. 10 ...................................

am. Nos. 81 and 167, 1986; No. 101, 1991

 

rs. No. 149, 2001

S. 11 ...................................

rs. No. 65, 1985

 

am. No. 81, 1986; No. 167, 1986 (as am. by No. 141, 1987; No. 11, 1991); No. 141, 1987; No. 57, 1988; No. 101, 1991; No. 64, 1994; Nos. 143 and 149, 2001; No. 7, 2003

Note to s. 11(1A) ...............

ad. No. 149, 2001

Note to s. 11(1B) ...............

ad. No. 149, 2001

S. 11A ................................

ad. No. 71, 1992

 

am. No. 143, 2001; No. 7, 2003

Ss. 11B–11G......................

ad. No. 90, 2011

S. 12 ...................................

am. No. 65, 1985; No. 167, 1986; No. 101, 1991; Nos. 143 and 149, 2001; No. 7, 2003; No. 138, 2006

S. 13 ...................................

am. No. 65, 1985; No. 101, 1991; No. 7, 2003

S. 14 ...................................

am. No. 65, 1985; No. 167, 1986; No. 101, 1991; No. 43, 1996; Nos. 143 and 149, 2001; No. 7, 2003

S. 14A ................................

ad. No. 149, 2001

Part III

 

S. 15 ...................................

am. No. 138, 2006

S. 17 ...................................

am. No. 149, 2001

 

rs. No. 138, 2006

S. 18 ...................................

am. No. 149, 2001

 

rep. No. 138, 2006

S. 19 ...................................

am. No. 78, 1990; No. 149, 2001

 

rep. No. 138, 2006

S. 20 ...................................

am. No. 167, 1986; No. 101, 1991; No. 7, 2003

 

rep. No. 138, 2006

Subhead. to s. 21(1) .........

ad. No. 138, 2006

Subhead. to s. 21(1B) .......

ad. No. 138, 2006

Subhead. to s. 21(2) .........

ad. No. 138, 2006

S. 21 ...................................

am. Nos. 81 and 167, 1986; No. 101, 1991; No. 64, 1994; No. 149, 2001; No. 4, 2002; No. 138, 2006

Note to s. 21(2) .................

ad. No. 149, 2001

Note to s. 21(4) .................

ad. No. 149, 2001

 

rs. No. 138, 2006

Note to s. 21(5) .................

ad. No. 149, 2001

 

rs. No. 138, 2006

Note to s. 21(6) .................

ad. No. 149, 2001

 

rs. No. 138, 2006

Note to s. 21(7) .................

ad. No. 149, 2001

 

rs. No. 138, 2006

Note to s. 21(8) .................

ad. No. 149, 2001

 

rs. No. 138, 2006

Note to s. 21(9) .................

ad. No. 149, 2001

 

rep. No. 138, 2006

Note to s. 21(10) ...............

ad. No. 149, 2001

 

rs. No. 138, 2006

Note to s. 21(11) ...............

ad. No. 149, 2001

 

rs. No. 138, 2006

Note to s. 21(12) ...............

ad. No. 149, 2001

 

rep. No. 138, 2006

Note to s. 21(13) ...............

ad. No. 149, 2001

 

rep. No. 138, 2006

S. 21A ................................

ad. No. 167, 1986

 

rs. No. 138, 2006

S. 22 ...................................

rs. No. 65, 1985

 

am. Nos. 81 and 167, 1986; No. 141, 1987; No. 57, 1988; No. 101, 1991; No. 64, 1994; Nos. 143 and 149, 2001; No. 7, 2003; No. 138, 2006

Note to s. 22(1A) ...............

ad. No. 149, 2001

Note to s. 22(1B) ...............

ad. No. 149, 2001

S. 22A.................................

ad. No. 24, 2006

S. 23 ...................................

am. No. 65, 1985; No. 167, 1986; No. 101, 1991; No. 43, 1996; Nos. 143 and 149, 2001; No. 7, 2003

S. 24 ...................................

am. No. 65, 1985; No. 101, 1991; No. 7, 2003

S. 25 ...................................

am. No. 65, 1985; No. 167, 1986; No. 101, 1991; No. 43, 1996; Nos. 143 and 149, 2001; No. 7, 2003

S. 26 ...................................

am. No. 138, 2006

S. 26AA...............................

ad. No. 149, 2001

Part IIIA

 

Part IIIA ..............................

ad. No. 167, 1986

S. 26A ................................

ad. No. 167, 1986

 

am. No. 71, 1992; No. 94, 2008

S. 26AA ..............................

ad. No. 167, 1986

 

rep. No. 71, 1992

S. 26AB ..............................

ad. No. 167, 1986

 

am. No. 6, 1989; No. 71, 1992; No. 64, 1994; No. 149, 2001; No. 4, 2002

Note to s. 26AB(5) ............

ad. No. 149, 2001

Note to s. 26AB(6) ............

ad. No. 149, 2001

S. 26B ................................

ad. No. 167, 1986

 

am. No. 167, 1986; No. 141, 1987; No. 101, 1991; No. 64, 1994; Nos. 143 and 149, 2001; No. 7, 2003

Note to s. 26B(1) ...............

ad. No. 149, 2001

Note to s. 26B(2) ...............

ad. No. 149, 2001

Part IIIB

 

Part IIIB ..............................

ad. No. 167, 1986

Division 1

 

Div. 1 of Part IIIB ...............

ad. No. 71, 1992

Ss. 26BA, 26BB .................

ad. No. 71, 1992

S. 26BC ..............................

ad. No. 71, 1992

 

am No. 149, 2001

Note to s. 26BC(3) ............

ad. No. 149, 2001

Note to s. 26BC(4) ............

ad. No. 149, 2001

Division 2

 

Heading to Div. 2 .............
of Part IIIB

ad. No. 71, 1992

S. 26C ................................

ad. No. 167, 1986

 

am. No. 71, 1992

S. 26CA ..............................

ad. No. 71, 1992

S. 26D ................................

ad. No. 167, 1986

 

am. No. 6, 1989; No. 101, 1991; No. 149, 2001; No. 4, 2002; No. 47, 2003; No. 94, 2008

Note to s. 26D(5)...............

ad. No. 149, 2001

Note to s. 26D(6)...............

ad. No. 149, 2001

Note to s. 26D(7)...............

ad. No. 149, 2001

Note to s. 26D(8)...............

ad. No. 149, 2001

S. 26DAA............................

ad. No. 149, 2001

S. 26DA ..............................

ad. No. 6, 1989

 

am. No. 71, 1992

Part IIIC

 

Part IIIC ..............................

ad. No. 167, 1986

S. 26E ................................

ad. No. 167, 1986

 

am. No. 71, 1992

S. 26EAA ............................

ad. No. 149, 2001

S. 26EA ..............................

ad. No. 71, 1992

S. 26F ................................

ad. No. 167, 1986

 

am. No. 6, 1989; No. 23, 1990; No. 101, 1991; No. 71, 1992; No. 64, 1994; No. 149, 2001; No. 4, 2002; No. 7, 2003

Note to s. 26F(5) ...............

ad. No. 149, 2001

Note to s. 26F(6) ...............

ad. No. 149, 2001

Note to s. 26F(7) ...............

ad. No. 149, 2001

Note to s. 26F(8) ...............

ad. No. 149, 2001

Note to s. 26F(8A) ............

ad. No. 149, 2001

Note to s. 26F(9) ...............

ad. No. 149, 2001

Note to s. 26F(10) .............

ad. No. 149, 2001

S. 26FA ..............................

ad. No. 149, 2001

 

am. No. 94, 2008

Ss. 26FB, 26FC .................

ad. No. 149, 2001

S. 26FD ..............................

ad. No. 149, 2001

 

am. No. 7, 2003

S. 26FE ..............................

ad. No. 149, 2001

Part IIID

 

Part IIID ..............................

ad. No. 24, 2007

Division 1

 

S. 26FEF.............................

ad. No. 24, 2007

 

am. No. 116, 2010

Division 2

 

Heading to s. 26FEG........

am. No. 116, 2010

S. 26FEG............................

ad. No. 24, 2007

 

am. No. 116, 2010

Heading to s. 26FEH.........

am. No. 116, 2010

Ss. 26FEH–26FEJ..............

ad. No. 24, 2007

 

am. No. 116, 2010

Heading to s. 26FEK.........

am. No. 116, 2010

S. 26FEK.............................

ad. No. 24, 2007

 

am. No. 116, 2010

Division 3

 

Heading to Div. 3..............
of Part IIID

rs. No. 116, 2010

S. 26FEL.............................

ad. No. 24, 2007

 

am. No. 116, 2010

S. 26FEM............................

ad. No. 24, 2007

 

am. No. 8, 2010

Ss. 26FEN–26FEQ.............

ad. No. 24, 2007

 

am. No. 116, 2010

S. 26FER............................

ad. No. 24, 2007

S. 26FES.............................

ad. No. 116, 2010

Division 4

 

Div. 4 of Part IIID................

ad. No. 116, 2010

Ss. 26FET–26FEV..............

ad. No. 116, 2010

Part IV

 

S. 26G ................................

ad. No. 64, 1994

S. 27 ...................................

am. No. 101, 1991; No. 64, 1994; No. 43, 1996; No. 143, 2001; No. 7, 2003; No. 24, 2007

S. 27A ................................

ad. No. 64, 1994

 

am. No. 143, 2001; No. 24, 2006; No. 24, 2007

S. 27B ................................

ad. No. 64, 1994

S. 27C ................................

ad. No. 64, 1994

 

am. No. 143, 2001

S. 28 ...................................

am. No. 167, 1986; No. 101, 1991; No. 149, 2001; No. 24, 2007

S. 29 ...................................

rs. No. 64, 1994

S. 29A ................................

ad. No. 101, 1991

 

am. No. 24, 2006

S. 29B ................................

ad. No. 149, 2001

S. 31 ...................................

am. No. 78, 1990; No. 11, 1991; No. 43, 1996

S. 32 ...................................

am. No. 167, 1986; No. 71, 1992; No. 24, 2007

S. 33 ...................................

am. Nos. 81 and 167, 1986; No. 141, 1987; No. 78, 1990; No. 149, 2001; No. 24, 2007; No. 94, 2008

S. 34 ...................................

am. No. 65, 1985; No. 167, 1986; No. 141, 1987; No. 99, 1988; No. 78, 1990; No. 109, 2006

Note to s. 34(1)..................

ad. No. 109, 2006

Schedule 1 ........................

am. No. 65, 1985; No. 167, 1986; No. 71, 1992

 

rep. No. 149, 2001

Schedule 2 ........................

rep. No. 149, 2001

Schedule 3 ........................

ad. No. 65, 1985

 

rep. No. 149, 2001

Schedules 4, 5 ..................

ad. No. 167, 1986

 

rep. No. 149, 2001

Schedules 6–8 ..................

ad. No. 101, 1991

 

rep. No. 149, 2001

Schedules 9–11 ................

ad. No. 71, 1992

 

rep. No. 149, 2001

Schedule 12 ......................

ad. No. 71, 1992

 

rep. No. 149, 2001

Schedule 13 ......................

ad. No. 216, 1992

 

am. No. 5, 1994

 

rep. No. 149, 2001

Schedule 14 ......................

ad. No. 216, 1992

 

rep. No. 149, 2001


Note 2

Personal Property Securities (Consequential Amendments) Act 2009
(No. 131, 2009)

The following amendment commences on 1 February 2012 or an earlier time determined by the Minister (see section 306 of the Personal Property Securities Act 2009):

Schedule 3

13  After subsection 27A(5A)

Insert:

          (5B)  While a foreign ship is detained under subsection (1), a person does not have the power of seizure provided for by section 123 of the Personal Property Securities Act 2009 in relation to the ship.

As at 11 August 2011 the amendment is not incorporated in this compilation.


Table A

Application, saving or transitional provisions

Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 (No. 143, 2001)

4  Application of Amendments

             (1)  Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

             (2)  For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

 

Maritime Legislation Amendment (Prevention of Air Pollution from Ships) Act 2007 (No. 24, 2007)

Schedule 2

18  Application

The amendment made by item 17 applies to regulations made for the purposes of subsection 32(1), (1A) or (1B) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 on or after the commencement of that item.

 

Protection of the Sea Legislation Amendment Act 2010 (No. 116, 2010)

Schedule 1

37  Application and saving

(1)       The amendment made by item 1 does not affect the continuity of the register established under section 26FEM of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.

(2)       The amendments made by items 3 to 9 apply in relation to the use of fuel oil on or after the commencement of those items.

(3)       The amendments made by items 10 to 20 apply in relation to voyages of Australian ships that begin on or after the commencement of those items.

(4)       The amendment made by item 21 applies in relation to fuel‑changeover operations that occur on or after the commencement of that item.

(5)       The amendment made by item 27 applies in relation to deliveries of fuel oil that occur on or after the commencement of that item.

(6)       The amendments made by items 33 and 34 apply in relation to bunker delivery notes that are provided on or after the commencement of those items.

(7)       The amendment made by item 35 applies in relation to deliveries of gas fuel that occur on or after the commencement of that item.

(8)       Section 26FET of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, as inserted by this Act, applies in relation to overseas voyages of Australian ships that begin on or after the commencement of that section.

 

Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers) Act 2011 (No. 90, 2011)

Schedule 1

2  Application

Sections 11B to 11G of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, as inserted by this Act, apply in relation to transfers of oil cargo that begin:

                     (a)  on or after 1 April 2012; or

                     (b)  if, for the subject oil tanker, the first survey of the kind referred to in paragraph 1 of Regulation 41 of Annex I to the Convention is completed during the period beginning on the day this item commences and ending immediately before 1 April 2012—on or after the day after that survey is completed.