PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 11F Transfer of oil cargo between oil tankers in Australian waters--notification of transfer
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 11F
Transfer of oil cargo between oil tankers in Australian waters--notification of transfer(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 engaged in the transfer of oil cargo with another oil tanker that has a gross tonnage of 150 or more; and
(d) 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 42 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
(e) if the ship - to - ship transfer information was available to the person at least 48 hours before the transfer began--either or both of the following subparagraphs apply:
(i) the person did not notify a prescribed officer, in the manner prescribed by the regulations, of the transfer at least 48 hours before the transfer began;
(ii) the person did not notify a prescribed officer, in the manner prescribed by the regulations, of that information at least 48 hours before the transfer began; and
(f) if the ship - to - ship transfer information was not available to the person at least 48 hours before the transfer began--either or both of the following subparagraphs apply:
(i) the person did not notify a prescribed officer, in the manner prescribed by the regulations, of the transfer at least 48 hours before the transfer began;
(ii) the person did not notify a prescribed officer, in the manner prescribed by the regulations, of that information before the transfer began.
Offence--failure to notify change of arrival time
(2) 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 engaged in the transfer of oil cargo with another oil tanker that has a gross tonnage of 150 or more; and
(d) 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 42 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
(e) the person notified a prescribed officer, in the manner prescribed by the regulations, of the transfer, and of the ship - to - ship transfer information, at least 48 hours before the transfer began; and
(f) after the notification referred to in paragraph (e), the estimated time of arrival of the subject oil tanker at the location for the transfer changed by more than 6 hours; and
(g) the person did not notify a prescribed officer, in the manner prescribed by the regulations, of the new estimated time of arrival within 2 hours of the person becoming aware of the new estimated time of arrival.
Ship - to - ship transfer information
(3) For the purposes of this section, ship - to - ship transfer information is 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 .