Commonwealth Consolidated Acts

PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 10

             (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.