PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 11D Transfer of oil cargo involving an Australian ship--ship - to - ship operations plan to be carried

PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 11D

  (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 .