PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 11E Transfer of oil cargo involving an Australian ship--making and retaining record of transfer
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 11E
Transfer of oil cargo involving an Australian ship--making and retaining record of transferOffence--failure to make record
(1) A person commits an offence if:
(a) the person is the master of an oil tanker (the subject oil tanker ); and
(b) the subject oil tanker has a gross tonnage of 150 or more; and
(c) the subject oil tanker is an Australian ship; and
(d) 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
(e) the person does not cause a ship - to - ship record to be made of the transfer as soon as is practicable in the circumstances.
Offence--failure to retain record etc.
(2) 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
(i) a ship - to - ship record of the transfer is not retained in the subject oil tanker until the end of 3 years beginning on the day the record is made; or
(ii) a ship - to - ship record of the transfer is not readily available for inspection by an inspector at all reasonable times during that period.
(3) For the purposes of this section, a ship - to - ship record is a written record that contains the information prescribed by the regulations for the purposes of this subsection.
(4) An offence against subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
(5) Subsection (1) or (2) 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 (5): see subsection 13.3(3) of the Criminal Code .