Commonwealth Consolidated Acts

PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 23

             (1)  This section applies to an Australian ship that carries liquid substances in bulk.

             (2)  A cargo record book shall be carried in every ship to which this section applies.

             (3)  A cargo record book shall be in accordance with the prescribed form with provision made for a signature, in accordance with subsection (7), in relation to each entry made in it and for a signature, in accordance with subsection (8), on each page of it.

             (4)  Where a ship to which this section applies does not carry a cargo record book as required by this section, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding 200 penalty units.

          (4A)  An offence under subsection (4) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (5)  Whenever a prescribed operation or occurrence is carried out or occurs in, or in relation to, a ship to which this section applies, the master of the ship shall make, without delay, appropriate entries in, or cause appropriate entries to be made, without delay, in, the ship's cargo record book, being entries in accordance with subsection (7).

Penalty:  200 penalty units.

             (6)  Where an inspector, or a person authorized by the Government of a country other than Australia that is a Party to the Convention to supervise any operations under Annex II, has inspected a ship to which this section applies, he or she shall make, without delay, appropriate entries in the ship's cargo record book in accordance with subsection (7).

             (7)  An entry in a ship's cargo record book:

                     (a)  shall be made in the English language; and

                     (b)  in the case of an entry made in relation to a prescribed operation, shall be signed by the officer or other person in charge of the operation.

             (8)  Where a page of a ship's cargo record book is completed, the master of the ship shall, without delay, sign the page.

Penalty for a contravention of this subsection: 200 penalty units.