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This is a Bill, not an Act. For current law, see the Acts databases.
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) AMENDMENT (OILS IN THE ANTARCTIC AREA) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Protection of the Sea (Prevention of
Pollution from Ships) Amendment (Oils
in the Antarctic Area) Bill 2011
No. , 2011
(Infrastructure and Transport)
A Bill for an Act to amend the Protection of the Sea
(Prevention of Pollution from Ships) Act 1983, and
for related purposes
i Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oils in the Antarctic
Area) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
3
Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oils in the Antarctic
Area) Bill 2011 No. , 2011 1
A Bill for an Act to amend the Protection of the Sea
1
(Prevention of Pollution from Ships) Act 1983, and
2
for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Protection of the Sea (Prevention of
6
Pollution from Ships) Amendment (Oils in the Antarctic Area) Act
7
2011.
8
2 Commencement
9
This Act commences on the day after this Act receives the Royal
10
Assent.
11
2 Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oils in the
Antarctic Area) Bill 2011 No. , 2011
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendments Schedule 1
Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oils in the Antarctic
Area) Bill 2011 No. , 2011 3
Schedule 1--Amendments
1
2
Protection of the Sea (Prevention of Pollution from Ships)
3
Act 1983
4
1 Subsection 3(1)
5
Insert:
6
engage in conduct has the same meaning as in the Criminal Code.
7
2 Subsection 3(1)
8
Insert:
9
heavy grade oil means:
10
(a) crude oil having a density at 15°C higher than 900 kg/m
3
; or
11
(b) oil, other than crude oil, having a density at 15°C higher than
12
900 kg/m
3
or a kinematic viscosity at 50°C higher than 180
13
mm
2
/s; or
14
(c) bitumen, tar and their emulsions.
15
3 Subsection 9(1A)
16
Repeal the subsection.
17
4 Subsection 10(2)
18
Repeal the subsection.
19
5 After section 10
20
Insert:
21
10A Prohibition of carriage or use of heavy grade oil on Australian
22
ships in the Antarctic Area
23
(1) A person commits an offence if:
24
(a) the person is the master or owner of an Australian ship; and
25
(b) the person engages in conduct; and
26
(c) the conduct results in heavy grade oil:
27
(i) being carried as cargo in bulk; or
28
(ii) being used, or carried for use, as fuel;
29
Schedule 1 Amendments
4 Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oils in the
Antarctic Area) Bill 2011 No. , 2011
on the ship in the Antarctic Area.
1
Penalty: 2,000 penalty units.
2
(2) A person commits an offence if:
3
(a) the person is the master or owner of an Australian ship; and
4
(b) the person engages in conduct; and
5
(c) the conduct results in heavy grade oil:
6
(i) being carried as cargo in bulk; or
7
(ii) being used, or carried for use, as fuel;
8
on the ship in the Antarctic Area.
9
Penalty: 500 penalty units.
10
(3) An offence against subsection (2) is an offence of strict liability.
11
Note:
For strict liability, see section 6.1 of the Criminal Code.
12
(4) Subsections (1) and (2) do not apply to heavy grade oil that is
13
carried or used as fuel on an Australian ship for the purpose of
14
securing the safety of a ship or saving life at sea.
15
Note:
A defendant bears an evidential burden in relation to the matter in
16
subsection (4): see subsection 13.3(3) of the Criminal Code.
17
(5) If, at any time (whether before or after this section commences)
18
before an Australian ship enters the Antarctic Area, heavy grade oil
19
is carried or used as fuel on the ship, subsections (1) and (2) do not
20
apply to any residue of the oil that is not cleaned or flushed from a
21
tank or pipeline of the ship.
22
Note:
A defendant bears an evidential burden in relation to the matter in
23
subsection (5): see subsection 13.3(3) of the Criminal Code.
24
10B Prohibition of carriage or use of heavy grade oil on foreign
25
ships in the Australian Antarctic Territory
26
(1) A person commits an offence if:
27
(a) the person is the master or owner of a foreign ship; and
28
(b) the person engages in conduct; and
29
(c) the conduct results in heavy grade oil:
30
(i) being carried as cargo in bulk; or
31
(ii) being used, or carried for use, as fuel;
32
on the ship in the Australian Antarctic Territory.
33
Amendments Schedule 1
Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oils in the Antarctic
Area) Bill 2011 No. , 2011 5
Penalty: 2,000 penalty units.
1
(2) A person commits an offence if:
2
(a) the person is the master or owner of a foreign ship; and
3
(b) the person engages in conduct; and
4
(c) the conduct results in heavy grade oil:
5
(i) being carried as cargo in bulk; or
6
(ii) being used, or carried for use, as fuel;
7
on the ship in the Australian Antarctic Territory.
8
Penalty: 500 penalty units.
9
(3) An offence against subsection (2) is an offence of strict liability.
10
Note:
For strict liability, see section 6.1 of the Criminal Code.
11
(4) Subsections (1) and (2) do not apply to heavy grade oil that is
12
carried or used as fuel on a foreign ship for the purpose of securing
13
the safety of a ship or saving life at sea.
14
Note:
A defendant bears an evidential burden in relation to the matter in
15
subsection (4): see subsection 13.3(3) of the Criminal Code.
16
(5) If, at any time (whether before or after this section commences)
17
before a foreign ship enters the Australian Antarctic Territory,
18
heavy grade oil is carried or used as fuel on the ship,
19
subsections (1) and (2) do not apply to any residue of the oil that is
20
not cleaned or flushed from a tank or pipeline of the ship.
21
Note:
A defendant bears an evidential burden in relation to the matter in
22
subsection (5): see subsection 13.3(3) of the Criminal Code.
23
6 Subsections 17(4), 21(1A), 26AB(2), 26BC(2), 26D(2) and
24
26F(2)
25
Repeal the subsections.
26
7 Subsection 26FEF(1) (definition of engage in conduct)
27
Repeal the definition.
28