PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 11C Transfer of oil cargo between oil tankers in Australian waters--qualified person to be in control
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 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) one of the following subparagraphs applies:
(i) the transfer occurs while the subject oil tanker is in the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulation 41 of Annex I to the Convention in relation to the area of the sea where the transfer occurs;
(ia) the transfer occurs while the subject oil tanker is in the outer territorial sea;
(ii) the transfer occurs while the subject oil tanker is in the exclusive economic zone; 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.
(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) 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 .