2004-2005-2006 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Maritime Legislation Amendment (Prevention of Air Pollution from Ships) Bill 2006 No. , 2006 (Transport and Regional Services) A Bill for an Act to amend the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, and for other purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 3 Schedule 1--Prevention of air pollution from ships 4 Navigation Act 1912 4 Protection of the Sea (Prevention of Pollution from Ships) Act 1983 11 Schedule 2--Other amendments 23 Navigation Act 1912 23 Protection of the Sea (Prevention of Pollution from Ships) Act 1983 24 [Page Break] 1 (Prevention of Pollution from Ships) Act 1983, and 2 for other purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Maritime Legislation Amendment 6 (Prevention of Air Pollution from Ships) Act 2006. 7 2 Commencement 8 (1) Each provision of this Act specified in column 1 of the table 9 commences, or is taken to have commenced, in accordance with 10 column 2 of the table. Any other statement in column 2 has effect 11 according to its terms. 12 13 Maritime Legislation Amendment (Prevention of Air Pollution from Ships) Bill 2006 No. , 2006 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1 A single day to be fixed by Proclamation. A Proclamation must not specify a day that occurs before the day on which the Protocol of 1997 to amend the Convention (within the meaning of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983) to add Annex VI enters into force for Australia. However, if the provision(s) do not commence within the period of 6 months beginning on the day on which that Protocol enters into force for Australia, they commence on the first day after the end of that period. If the provision(s) commence in this way, the Minister must announce by notice in the Gazette the day on which the provision(s) commenced. The notice is not a legislative instrument. 3. Schedule 2, The day after this Act receives the Royal items 1 to 4 Assent. 4. Schedule 2, The later of: items 5 and 6 (a) the day on which this Act receives the Royal Assent; and (b) 1 August 2007. 5. Schedule 2, The day after this Act receives the Royal items 7 and 8 Assent. 6. Schedule 2, The day after this Act receives the Royal items 9 to 12 Assent. 7. Schedule 2, The day on which this Act receives the items 13 and 14 Royal Assent. [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 8. Schedule 2, The day after this Act receives the Royal items 15 to 18 Assent. 9. Schedule 2, The day on which this Act receives the item 19. Royal Assent. Note: This table relates only to the provisions of this Act as originally 1 passed by both Houses of the Parliament and assented to. It will not be 2 expanded to deal with provisions inserted in this Act after assent. 3 (2) Column 3 of the table contains additional information that is not 4 part of this Act. Information in this column may be added to or 5 edited in any published version of this Act. 6 3 Schedule(s) 7 Each Act that is specified in a Schedule to this Act is amended or 8 repealed as set out in the applicable items in the Schedule 9 concerned, and any other item in a Schedule to this Act has effect 10 according to its terms. 11 [Page Break] Schedule 1--Prevention of air pollution from 2 ships 3 4 Navigation Act 1912 5 1 Subsection 6(1) 6 Insert: 7 approved form means a form approved by the Authority under 8 section 6F. 9 2 After section 6E 10 Insert: 11 6F Authority may approve form 12 The Authority may, in writing, approve a form for the purposes of 13 a provision of this Act. 14 3 After Division 12C of Part IV 15 Insert: 16 Division 12D--Air pollution 17 267ZT Definitions 18 (1) In this Division: 19 air pollution prevention certificate means an air pollution 20 prevention certificate issued under subsection 267ZW(1) or (2) and 21 includes an International Air Pollution Prevention Certificate 22 issued for the purposes of: 23 (a) regulation 7 of Annex VI; or 24 (b) the law of a foreign country giving effect to that regulation 25 for an Australian ship. 26 Annex VI means Annex VI to the Prevention of Pollution from 27 Ships Convention. 28 [Page Break] 1 (a) a ship registered in Australia; or 2 (b) an unregistered ship having Australian nationality. 3 foreign ship means a ship that is not an Australian ship. 4 (2) An expression that is used: 5 (a) in this Division; and 6 (b) in the Prevention of Pollution from Ships Convention, 7 including Annex VI but not including any other Annex to 8 that Convention; 9 has, in this Division, the same meaning as in that Convention 10 (whether or not a particular meaning is assigned to it by that 11 Convention). 12 (3) For the purposes of this Division, a ship is taken not to comply 13 with Annex VI if it does not comply with the regulations and 14 orders made for the purposes of section 267ZV. 15 267ZU Application of Division 16 (1) Section 2 does not have effect in relation to this Division. 17 (2) This Division does not apply in relation to a ship referred to in 18 subsection 2(1) so far as a law of a State or Territory gives effect to 19 Regulations 5, 6, 8, 9, 13 and 16 of Annex VI in relation to that 20 ship. 21 (3) A reference in this section to this Division includes a reference to 22 any regulations or orders made for the purposes of section 267ZV. 23 267ZV Regulations to give effect to Regulations 5, 6, 8, 9, 13 and 16 24 of Annex VI 25 The regulations may make provision for and in relation to giving 26 effect to Regulations 5, 6, 8, 9, 13 and 16 of Annex VI. 27 267ZW Air pollution prevention certificates for Australian ships 28 (1) The Authority must issue an air pollution prevention certificate for 29 an Australian ship of 400 gross tonnage or above, in the approved 30 form, if, on the basis of declarations of survey in respect of the 31 [Page Break] 1 accordance with Annex VI. 2 (2) A survey authority may issue an air pollution prevention certificate 3 for an Australian ship of 400 gross tonnage or above, in the 4 approved form, if: 5 (a) the survey authority surveys the ship; and 6 (b) on the basis of the survey, the survey authority is satisfied 7 that the ship is constructed in accordance with Annex VI. 8 (3) For the purposes of subsections (1) and (2), it does not matter 9 whether the ship is required by Annex VI to comply with that 10 Annex. 11 (4) An air pollution prevention certificate issued under subsection (1) 12 or (2) is not a legislative instrument. 13 267ZX International Air Pollution Prevention Certificates for 14 foreign ships 15 (1) The Authority may issue an International Air Pollution Prevention 16 Certificate for a foreign ship, in the approved form, if: 17 (a) the ship is not a ship that is entitled to fly the flag of a State 18 that is not a Party to the Prevention of Pollution from Ships 19 Convention; and 20 (b) the Authority has caused the ship to be surveyed; and 21 (c) the survey was carried out at the request of the government of 22 the State under whose authority the ship is operating; and 23 (d) on the basis of the declarations of survey in respect of the 24 ship, the Authority is satisfied that that ship is constructed in 25 accordance with Annex VI. 26 (2) For the purposes of subsection (1), it does not matter whether the 27 ship is required by Annex VI to comply with that Annex. 28 (3) An air pollution prevention certificate issued under subsection (1) 29 is not a legislative instrument. 30 267ZY Obligation to report damage etc. to ship 31 (1) If: 32 [Page Break] 1 certificate; and 2 (b) something happens to the ship that affects its compliance 3 with Annex VI; and 4 (c) notice of the happening is not given in accordance with the 5 regulations within 7 days after the happening; 6 then the master and the owner each commit an offence for each 7 subsequent day that passes without the notice having been given. 8 Penalty: 60 penalty units. 9 (2) An offence against subsection (1) is an offence of strict liability. 10 Note: For strict liability, see section 6.1 of the Criminal Code. 11 267ZZ Authority may cancel certificates 12 (1) The Authority may cancel an air pollution prevention certificate 13 that is in force for an Australian ship if the Authority has reason to 14 believe that: 15 (a) the report of a surveyor in respect of the ship was 16 fraudulently or erroneously made or obtained; or 17 (b) the certificate was issued upon false or erroneous 18 information; or 19 (c) the construction of the ship has been altered, or damaged, in a 20 manner that affects the ship's compliance with Annex VI; or 21 (d) the owner of the ship has failed to comply with 22 section 267ZZA in respect of the ship. 23 (2) The Authority may cancel an air pollution prevention certificate 24 under subsection (1) whether or not the certificate was issued by 25 the Authority. 26 (3) The cancellation takes effect when the Authority gives written 27 notice of the cancellation: 28 (a) addressed to the owner, agent or master of the ship; and 29 (b) served in accordance with the regulations. 30 (4) If an air pollution prevention certificate for a ship is cancelled, the 31 Authority may: 32 (a) require the certificate to be given to a specified person; and 33 (b) detain the ship until the requirement is complied with. 34 [Page Break] 1 (a) made by notice in writing; and 2 (b) addressed to the owner, agent or master of the ship; and 3 (c) served in accordance with the regulations. 4 (6) A notice under paragraph (5)(a) is not a legislative instrument. 5 267ZZA Ships to be surveyed periodically 6 (1) A person commits an offence if: 7 (a) an air pollution prevention certificate is in force for an 8 Australian ship; and 9 (b) the person is the owner of the ship; and 10 (c) the person does not, at least once in each prescribed period in 11 relation to the ship, cause the ship to be surveyed to ensure it 12 complies with Annex VI. 13 Penalty: 60 penalty units. 14 (2) An offence under subsection (1) is an offence of strict liability. 15 Note: For strict liability, see section 6.1 of the Criminal Code. 16 267ZZB Certificate lapses if ship ceases to be Australian ship 17 An air pollution prevention certificate issued for an Australian ship 18 ceases to have effect if the ship ceases to be an Australian ship. 19 267ZZC Certificates required for Australian ships 20 (1) A person commits an offence if: 21 (a) the person takes a ship to sea; and 22 (b) the ship is an Australian ship that is of 400 gross tonnage or 23 above; and 24 (c) the person is the master of the ship; and 25 (d) an air pollution prevention certificate is not in force for the 26 ship. 27 Penalty: 100 penalty units. 28 (2) A person commits an offence if: 29 (a) the person permits a ship to be taken to sea; and 30 [Page Break] 1 above; and 2 (c) the person is the owner of the ship; and 3 (d) an air pollution prevention certificate is not in force for the 4 ship. 5 Penalty: 100 penalty units. 6 (3) If the ship was constructed before the commencement of this 7 section, subsections (1) and (2) apply to the ship from the earlier of 8 the following: 9 (a) the first scheduled dry-docking of the ship after that 10 commencement; 11 (b) 19 May 2008. 12 267ZZD Certificates to be carried on board Australian ships 13 A person commits an offence if: 14 (a) the person is the owner of a ship; and 15 (b) the ship is an Australian ship of 400 gross tonnage or above; 16 and 17 (c) an air pollution prevention certificate is in force for the ship; 18 and 19 (d) the person fails to ensure that the certificate is carried on 20 board the ship. 21 Penalty: 100 penalty units. 22 267ZZE Production of certificate 23 (1) This section applies if application is made to an officer of Customs 24 in respect of an Australian ship that is of 400 gross tonnage or 25 above for a clearance under the Customs Act for a voyage from a 26 port in Australia. 27 (2) The officer of Customs may: 28 (a) require the master of the ship to produce to him or her an air 29 pollution prevention certificate for the ship; and 30 (b) do either or both of the following until the requirement is 31 complied with: 32 (i) refuse to grant the clearance; 33 [Page Break] 1 267ZZF Directions in relation to foreign ships 2 (1) If the Authority considers that a foreign ship is not constructed in 3 accordance with Annex VI, the Authority may give one or more of 4 the following directions in relation to the ship: 5 (a) that the ship not enter any port, or one or more specified 6 ports, in Australia; 7 (b) that the ship not use any off-shore terminal, or one or more 8 specified off-shore terminals, in Australia; 9 (c) that the ship comply with specified requirements while it is 10 entering, is in or is leaving any port, or is in one or more 11 specified ports, in Australia; 12 (d) that the ship comply with specified requirements while it is 13 approaching, using or leaving any off-shore terminal, or one 14 or more specified off-shore terminals, in Australia. 15 (2) A direction must: 16 (a) be given by written notice addressed to the master or the 17 owner of the ship; and 18 (b) be served in accordance with the regulations. 19 (3) A notice given under paragraph (2)(a) is not a legislative 20 instrument. 21 (4) For the purposes of subsection (1), it does not matter whether the 22 ship is required by Annex VI to be constructed in accordance with 23 that Annex. 24 (5) The Authority may give a direction only to the extent that it 25 appears to it necessary or expedient to do so to protect the 26 environment. 27 (6) If: 28 (a) the master or owner of a ship is served with a notice under 29 subsection (2); and 30 (b) the master or owner does not comply with any direction 31 contained in that notice; 32 the master and the owner each commit an offence. 33 Penalty: 100 penalty units. 34 [Page Break] 1 Note: For strict liability, see section 6.1 of the Criminal Code. 2 (8) If: 3 (a) the master or owner of a ship is served with a notice under 4 subsection (2); and 5 (b) the master or owner does not comply with any direction 6 contained in that notice; and 7 (c) the master or owner is reckless as to whether there is a failure 8 to comply with that direction; 9 the master and the owner each commit an offence. 10 Penalty: 500 penalty units. 11 (9) In proceedings for an offence against subsection (6) or (8) in 12 relation to a failure to comply with a direction, it is a defence if it is 13 proved: 14 (a) that the failure to comply with the direction resulted from the 15 need to save life at sea or was due to an emergency involving 16 a threat to a person's life; or 17 (b) that compliance with the direction was not possible. 18 Note: A defendant bears a legal burden in relation to the matter in 19 subsection (9) (see subsection 13.4 of the Criminal Code). 20 4 Section 377H 21 Omit "or 267ZQ(1)", substitute ", 267ZQ(1) or 267ZZF(1)". 22 Note: The heading to section 377H is altered by omitting "and 12C" and substituting ", 12C 23 and 12D". 24 Protection of the Sea (Prevention of Pollution from Ships) 25 Act 1983 26 5 Title 27 Repeal the title, substitute: 28 An Act relating to the prevention of pollution from 29 ships 30 6 Subsection 5(2) 31 [Page Break] 1 26FEP". 2 7 After Part IIIC 3 Insert: 4 Part IIID--Prevention of air pollution 5 Division 1--Definitions 6 26FEF Definitions 7 (1) In this Part: 8 Annex VI means Annex VI to the Convention. 9 engage in conduct has the same meaning as in the Criminal Code. 10 fuel oil means fuel oil for combustion purposes and does not 11 include coal in its solid form, or nuclear fuels. 12 fuel oil supplier of fuel oil delivered to a ship means the person 13 responsible for the final blend of the fuel oil immediately before it 14 is delivered to the ship. 15 registered local supplier of fuel oil means a local supplier of fuel 16 oil registered in the Register of Local Suppliers of Fuel Oil. 17 Register of Local Suppliers of Fuel Oil means the register 18 established under section 26FEM. 19 (2) An expression that is used in this Part and in Annex VI has, in this 20 Part, the same meaning as in that Annex (whether or not a 21 particular meaning is assigned to it by that Annex). 22 Division 2--Sulphur content of fuel oil 23 26FEG Using fuel oil with a sulphur content of more than 4.5% m/m 24 Ordinary offence 25 (1) A person commits an offence if: 26 (a) the person engages in conduct; and 27 [Page Break] 1 than 4.5% m/m being used on board a ship; and 2 (c) the person is reckless or negligent as to causing that result; 3 and 4 (d) one of the following applies: 5 (i) the fuel oil is used while the ship is in the sea near a 6 State, the Jervis Bay Territory or an external Territory 7 and no law of that State or Territory gives effect to 8 Regulation 14(1) of Annex VI in relation to that sea; 9 (ii) the fuel oil is used while the ship is in the exclusive 10 economic zone; 11 (iii) the fuel oil is used on board an Australian ship while the 12 ship is beyond the exclusive economic zone, but not 13 within an SOx emission control area. 14 Penalty: 2,000 penalty units. 15 Strict liability offence 16 (2) The master and the owner of a ship each commit an offence if: 17 (a) fuel oil with a sulphur content of more than 4.5% m/m is 18 used on board the ship; and 19 (b) one of the following applies: 20 (i) the fuel oil is used while the ship is in the sea near a 21 State, the Jervis Bay Territory or an external Territory 22 and no law of that State or Territory gives effect to 23 Regulation 14(1) of Annex VI in relation to that sea; 24 (ii) the fuel oil is used while the ship is in the exclusive 25 economic zone; 26 (iii) the fuel oil is used on board an Australian ship while the 27 ship is beyond the exclusive economic zone, but not 28 within an SOx emission control area. 29 Penalty: 500 penalty units. 30 (3) An offence against subsection (2) is an offence of strict liability. 31 Note: For strict liability, see section 6.1 of the Criminal Code. 32 Presumption 33 (4) It is presumed, unless the contrary is proved, that fuel oil is used as 34 mentioned in paragraph (1)(d) or paragraph (2)(b). 35 [Page Break] 1 (see section 13.4 of the Criminal Code). 2 26FEH Australian ship in SOx emission control area 3 Ordinary offence 4 (1) A person commits an offence if: 5 (a) the person: 6 (i) takes an Australian ship into an SOx emission control 7 area; or 8 (ii) permits an Australian ship to be taken into an SOx 9 emission control area; and 10 (b) the person is the master or owner of the ship; and 11 (c) the ship does not meet the SOx emission control conditions 12 while the ship is within that area. 13 Penalty: 2,000 penalty units. 14 Strict liability offence 15 (2) A person commits an offence if: 16 (a) the person: 17 (i) takes an Australian ship into an SOx emission control 18 area; or 19 (ii) permits an Australian ship to be taken into an SOx 20 emission control area; and 21 (b) the person is the master or owner of the ship; and 22 (c) the ship does not meet the SOx emission control conditions 23 while the ship is within that area. 24 Penalty: 500 penalty units. 25 (3) An offence against subsection (2) is an offence of strict liability. 26 Note: For strict liability, see section 6.1 of the Criminal Code. 27 SOx emission control conditions 28 (4) The SOx emission control conditions for a ship in an SOx 29 emission control area are: 30 (a) the sulphur content of fuel oil used on board the ship while 31 the ship is within that area does not exceed 1.5% m/m; or 32 [Page Break] 1 (i) an exhaust gas cleaning system, or other technological 2 method, approved by a prescribed officer, is operating 3 on the ship in accordance with the regulations, while the 4 ship is within that area, to reduce the total emission of 5 sulphur oxides from the ship to (or below) the level 6 prescribed by the regulations; and 7 (ii) waste streams arising from the operation of such a 8 system or other method are discharged in accordance 9 with the regulations. 10 (5) If an approval under subparagraph (4)(b)(i) is given in writing, the 11 approval is not a legislative instrument. 12 Exception for emergencies 13 (6) Subsection (2) does not apply to a ship if: 14 (a) the ship does not meet the SOx emission control conditions 15 while the ship is within an SOx emission control area only 16 because the total emission of sulphur oxides from the ship is 17 more than the level prescribed by the regulations; and 18 (b) either: 19 (i) the non-compliance was a result of securing the safety 20 of a ship or saving life at sea; or 21 (ii) the non-compliance was a result of unintentional 22 damage to the ship or its equipment, and all reasonable 23 precautions were taken after the occurrence of the 24 damage, or the discovery of the emission, for the 25 purpose of preventing or minimising the emission. 26 Note: The defendant bears an evidential burden in relation to the matters in 27 subsection (6) (see subsection 13.3(3) of the Criminal Code). 28 (7) For the purposes of subparagraph (6)(b)(ii), damage to a ship or to 29 its equipment is not unintentional if the damage arose: 30 (a) in circumstances where the master or owner of the ship: 31 (i) acted with intent to cause the damage; or 32 (ii) acted recklessly and with knowledge that the damage 33 would probably result; or 34 (b) as a result of the negligence of the master or owner of the 35 ship. 36 [Page Break] 1 equipment does not include: 2 (a) deterioration resulting from failure to maintain the ship or 3 equipment; or 4 (b) defects that develop during the normal operation of the ship 5 or equipment. 6 26FEI Flushing fuel oil service system 7 A person commits an offence if: 8 (a) the person is the master of an Australian ship; and 9 (b) the ship enters an SOx emission control area; and 10 (c) separate fuel oils are used on board the ship; and 11 (d) at least one of the fuel oils has a sulphur content of 1.5% 12 m/m or less; and 13 (e) at least one of the fuel oils has a sulphur content of more than 14 1.5% m/m; and 15 (f) insufficient time is allowed for the ship's fuel oil service 16 system to be fully flushed of fuel oil with a sulphur content 17 of more than 1.5% m/m before the ship enters the SOx 18 emission control area. 19 Penalty: 200 penalty units. 20 26FEJ Record of prescribed fuel-changeover operation 21 (1) The master and the owner of an Australian ship each commit an 22 offence if: 23 (a) an entry in a prescribed record book is not made in 24 accordance with the regulations as soon as practicable after a 25 prescribed fuel-changeover operation on the ship occurs 26 when the ship enters an SOx emission control area; or 27 (b) the record book is not: 28 (i) retained on board the ship for the prescribed period; or 29 (ii) readily available for inspection at all reasonable times. 30 Penalty: 200 penalty units. 31 (2) An offence against subsection (1) is an offence of strict liability. 32 Note: For strict liability, see section 6.1 of the Criminal Code. 33 [Page Break] 1 (a) the person makes an entry in a prescribed record book; and 2 (b) the entry is false or misleading in a material particular. 3 Penalty: 200 penalty units. 4 26FEK New SOx emission control areas 5 (1) This section applies if an amendment is made (whether before or 6 after the commencement of this section), in accordance with Annex 7 VI, designating an area as an SOx emission control area. 8 (2) Sections 26FEH, 26FEI and 26FEJ do not apply in relation to the 9 SOx emission control area during the period of 12 months 10 immediately after the amendment concerned enters into force. 11 Division 3--Fuel oil quality requirements 12 26FEL Local suppliers must be registered 13 A person commits an offence if: 14 (a) the person is not a registered local supplier of fuel oil; and 15 (b) the person delivers fuel oil to a ship; and 16 (c) the delivery happens while the ship is: 17 (i) in the sea near a State, the Jervis Bay Territory or an 18 external Territory and no law of that State or Territory 19 gives effect to Regulation 18(7)(a) of Annex VI in 20 relation to that sea; or 21 (ii) in the exclusive economic zone. 22 Penalty: 200 penalty units. 23 26FEM Register of Local Suppliers of Fuel Oil 24 (1) The Authority must establish and maintain a register of local 25 suppliers of fuel oil. 26 (2) The register is to be called the Register of Local Suppliers of Fuel 27 Oil. 28 (3) The regulations may: 29 [Page Break] 1 or maintained, including the details that the Authority must 2 enter in the Register; and 3 (b) prescribe requirements that must be met by: 4 (i) persons seeking registration as local suppliers of fuel 5 oil; and 6 (ii) persons registered as local suppliers of fuel oil. 7 (4) The Register is to be made available for inspection on the Internet. 8 (5) The Register established under subsection (1) is not a legislative 9 instrument. 10 26FEN Using fuel oil that does not meet fuel oil quality 11 requirements 12 (1) The master and the owner of a ship each commit an offence if: 13 (a) fuel oil is used on board the ship; and 14 (b) the fuel oil does not meet the requirements set out in 15 Regulation 18(1) of Annex VI; and 16 (c) one of the following applies: 17 (i) the fuel oil is used while the ship is in the sea near a 18 State, the Jervis Bay Territory or an external Territory 19 and no law of that State or Territory gives effect to 20 Regulation 18(1) of Annex VI in relation to that sea; 21 (ii) the fuel oil is used while the ship is in the exclusive 22 economic zone; 23 (iii) the ship is an Australian ship and the fuel oil is used 24 while the ship is beyond the exclusive economic zone. 25 Penalty: 500 penalty units. 26 (2) An offence against subsection (1) is an offence of strict liability. 27 Note: For strict liability, see section 6.1 of the Criminal Code. 28 Presumption 29 (3) It is presumed, unless the contrary is proved, that fuel oil is used as 30 mentioned in paragraph (1)(c). 31 Note: A defendant bears a legal burden in relation to proving the contrary 32 (see section 13.4 of the Criminal Code). 33 [Page Break] 1 (1) A person commits an offence if: 2 (a) the person delivers fuel oil to a ship; and 3 (b) the ship has a gross tonnage of 400 or more; and 4 (c) the delivery happens while the ship is: 5 (i) in the sea near a State, the Jervis Bay Territory or an 6 external Territory and no law of that State or Territory 7 gives effect to Regulation 18(1) of Annex VI in relation 8 to that sea; or 9 (ii) in the exclusive economic zone; and 10 (d) the person does not provide to the master of the ship, in 11 accordance with the regulations, a completed bunker delivery 12 note in the approved form for the fuel oil delivered. 13 Penalty: 200 penalty units. 14 (2) A person commits an offence if: 15 (a) the person delivers fuel oil to a ship; and 16 (b) the ship has a gross tonnage of 400 or more; and 17 (c) the delivery happens while the ship is: 18 (i) in the sea near a State, the Jervis Bay Territory or an 19 external Territory and no law of that State or Territory 20 gives effect to Regulation 18(1) of Annex VI in relation 21 to that sea; or 22 (ii) in the exclusive economic zone; and 23 (d) the person does not provide to the master of the ship, in 24 accordance with the regulations, a representative sample of 25 the fuel oil that is sealed and signed in accordance with the 26 regulations. 27 Penalty: 200 penalty units. 28 (3) An offence against subsection (1) or (2) is an offence of strict 29 liability. 30 Note: For strict liability, see section 6.1 of the Criminal Code. 31 26FEP Fuel oil delivered must be in accordance with declaration 32 (1) A person commits an offence if: 33 (a) fuel oil is delivered to a ship; and 34 [Page Break] 1 (c) the ship has a gross tonnage of 400 or more; and 2 (d) the delivery happens while the ship is: 3 (i) in the sea near a State, the Jervis Bay Territory or an 4 external Territory and no law of that State or Territory 5 gives effect to Regulation 18(7)(b) of Annex VI in 6 relation to that sea; or 7 (ii) in the exclusive economic zone; and 8 (e) a bunker delivery note is provided for the delivery; and 9 (f) the bunker delivery note contains a declaration signed by the 10 person or the person's representative certifying that the fuel 11 oil meets the requirements set out in regulation 18(1) of 12 Annex VI; and 13 (g) the fuel oil delivered does not meet those requirements. 14 Penalty: 500 penalty units. 15 (2) An offence against subsection (1) is an offence of strict liability. 16 Note: For strict liability, see section 6.1 of the Criminal Code. 17 26FEQ Bunker delivery note must be retained and available for 18 inspection 19 (1) A person commits an offence if: 20 (a) the person delivers fuel oil to a ship; and 21 (b) the person provides a bunker delivery note for the delivery; 22 and 23 (c) the person does not: 24 (i) retain a copy of the bunker delivery note for at least 3 25 years after the fuel oil is delivered; and 26 (ii) have that copy readily available for inspection by an 27 inspector at all reasonable times. 28 Penalty: 200 penalty units. 29 (2) The master and the owner of an Australian ship each commit an 30 offence if: 31 (a) fuel oil is delivered to the ship; and 32 (b) the ship has a gross tonnage of 400 or more; and 33 [Page Break] 1 is provided to the master of the ship; and 2 (d) the bunker delivery note is not: 3 (i) retained in the ship for 3 years after the delivery; and 4 (ii) readily available for inspection at all reasonable times. 5 Penalty: 200 penalty units. 6 (3) The master and the owner of a foreign ship each commit an offence 7 if: 8 (a) fuel oil is delivered to the ship; and 9 (b) the ship has a gross tonnage of 400 or more; and 10 (c) a bunker delivery note for the delivery of fuel oil to the ship 11 is provided to the master of the ship; and 12 (d) the bunker delivery note is not: 13 (i) retained in the ship for 3 years after the delivery; and 14 (ii) readily available for inspection at all reasonable times 15 while the ship is in an Australian port or an Australian 16 offshore terminal. 17 Penalty: 200 penalty units. 18 (4) An offence against subsection (1), (2) or (3) is an offence of strict 19 liability. 20 Note: For strict liability, see section 6.1 of the Criminal Code. 21 26FER Sample must be retained 22 (1) The master and the owner of a ship each commit an offence if: 23 (a) fuel oil is delivered to the ship; and 24 (b) the ship has a gross tonnage of 400 or more; and 25 (c) a representative sample of fuel oil is provided to the master in 26 connection with the delivery of fuel oil to the ship; and 27 (d) the sample is not retained in accordance with the regulations 28 until the later of the following: 29 (i) the time at which the fuel oil delivered is substantially 30 consumed; 31 (ii) the end of 12 months after the day on which the fuel oil 32 is delivered. 33 Penalty: 200 penalty units. 34 [Page Break] 1 Note: For strict liability, see section 6.1 of the Criminal Code. 2 8 At the end of paragraphs 27(1)(e), (f), (g), (h), (j), (k), (m) and 3 (n) 4 Add "and". 5 9 Paragraph 27(1)(p) 6 Repeal the paragraph, substitute: 7 (p) require the master of the ship to produce any substances on 8 board the ship or under the ship's control; and 9 (pa) examine, and take samples of, any substances on board the 10 ship or under the ship's control; and 11 10 Subsection 27A(6) (definition of pollution breach) 12 Repeal the definition, substitute: 13 pollution breach means: 14 (a) a discharge or disposal from a ship that: 15 (i) contravenes this Act; or 16 (ii) gives rise to a right of recovery by the Authority under 17 Part IVA of the Protection of the Sea (Civil Liability) 18 Act 1981; or 19 (b) an offence against section 26FEG or 26FEN. 20 11 Subsection 28(4) 21 Omit "or 26F", substitute ", 26F, 26FEG or 26FEH". 22 12 Subsection 33(2) 23 Omit "or V", substitute ", V or VI". 24 [Page Break] Schedule 2--Other amendments 2 3 Navigation Act 1912 4 1 Subsection 186G(1) 5 Insert: 6 navigates without a licensed pilot has the meaning given by 7 subsections (4) and (5). 8 2 Subsection 186G(1) (definition of navigates without a pilot) 9 Repeal the definition. 10 3 Subsections 186G(4) and (5) 11 Repeal the subsections, substitute: 12 (4) Subject to subsection (5), a ship navigates without a licensed pilot 13 if the ship does not have a licensed pilot on board to assist the 14 master in navigating it. 15 (5) If: 16 (a) apart from this subsection, a ship navigates without a 17 licensed pilot; and 18 (b) the ship is being towed by another vessel that is navigating 19 with a licensed pilot; 20 the ship under tow is to be treated as if it were navigating with a 21 licensed pilot. 22 4 Sections 186I, 186J and 186K 23 Omit "pilot" (wherever occurring), substitute "licensed pilot". 24 Note 1: The heading to section 186I is altered by omitting "pilot" and substituting "licensed 25 pilot". 26 Note 2: The heading to section 186J is altered by omitting "Pilots" and substituting "Licensed 27 pilots". 28 Note 3: The heading to section 186K is altered by omitting "pilot" and substituting "licensed 29 pilot". 30 5 Subsection 267(2) 31 After "12,", insert "12A,". 32 [Page Break] 1 After "12,", insert "12A,". 2 7 Subsection 267(2) 3 After "26,", insert "27,". 4 8 Section 267A 5 After "26,", insert "27,". 6 Protection of the Sea (Prevention of Pollution from Ships) 7 Act 1983 8 9 Subsection 3(1) (definition of the 1973 Convention) 9 Omit "(other than an amendment not accepted by Australia)", substitute 10 "(other than an amendment that has not entered force for Australia)". 11 10 Subsection 3(1) (definition of the 1978 Protocol) 12 Omit "(other than an amendment not accepted by Australia)", substitute 13 "(other than an amendment that has not entered force for Australia)". 14 11 Sub-subparagraph 9(4)(a)(iv)(A) 15 Omit "an existing tanker", substitute "a tanker delivered on or before 16 31 December 1979". 17 12 Sub-subparagraph 9(4)(a)(iv)(B) 18 Omit "new tanker", substitute "tanker delivered after 31 December 19 1979". 20 13 Paragraph 9(4)(e) 21 Repeal the paragraph. 22 Note: This item repeals a spent provision. 23 14 Subsection 9(4A) 24 Repeal the subsection. 25 Note: This item repeals a spent provision. 26 15 After subsection 32(1A) 27 Insert: 28 [Page Break] 1 the provisions of this Act relating to the keeping of a shipboard 2 waste management plan on board Australian ships apply, with any 3 modifications or exceptions that are prescribed, to foreign ships: 4 (a) in a port in Australia; or 5 (b) in the territorial sea of Australia; or 6 (c) in the sea on the landward side of the territorial sea of 7 Australia. 8 16 At the end of paragraph 33(1)(c) 9 Add ", any other Act or any instrument made under any other Act". 10 17 After subsection 33(1) 11 Insert: 12 (1A) The limit in paragraph (1)(f) on penalties does not apply to 13 regulations made for the purposes of subsection 32(1), (1A) or 14 (1B). 15 18 Application 16 The amendment made by item 17 applies to regulations made for the 17 purposes of subsection 32(1), (1A) or (1B) of the Protection of the Sea 18 (Prevention of Pollution from Ships) Act 1983 on or after the 19 commencement of that item. 20 19 Subsections 33(2) and (2A) 21 Repeal the subsections, substitute: 22 (2) Regulations, and orders made under section 34, giving effect to 23 Annex I, II, III, IV or V to the Convention do not apply in relation 24 to a ship as defined by subsection (4) to the extent that a law of a 25 State or a Territory gives effect to the Annex in relation to that 26 ship. 27