Commonwealth Consolidated Acts

PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 26FEG

Ordinary offence

             (1)  A person commits an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct results in fuel oil with a sulphur content of more than 4.5% m/m being used on board a ship; and

                     (c)  the person is reckless or negligent as to causing that result; and

                     (d)  one of the following applies:

                              (i)  the fuel oil is used while the ship is in the sea near a State, the Jervis Bay Territory or an external Territory and no law of that State or Territory gives effect to Regulation 14(1) of Annex VI in relation to that sea;

                             (ii)  the fuel oil is used while the ship is in the exclusive economic zone;

                            (iii)  the fuel oil is used on board an Australian ship while the ship is beyond the exclusive economic zone, but not within an SOx emission control area.

Penalty:  2,000 penalty units.

Strict liability offence

             (2)  The master and the owner of a ship each commit an offence if:

                     (a)  fuel oil with a sulphur content of more than 4.5% m/m is used on board the ship; and

                     (b)  one of the following applies:

                              (i)  the fuel oil is used while the ship is in the sea near a State, the Jervis Bay Territory or an external Territory and no law of that State or Territory gives effect to Regulation 14(1) of Annex VI in relation to that sea;

                             (ii)  the fuel oil is used while the ship is in the exclusive economic zone;

                            (iii)  the fuel oil is used on board an Australian ship while the ship is beyond the exclusive economic zone, but not within an SOx emission control area.

Penalty:  500 penalty units.

             (3)  An offence against subsection (2) is an offence of strict liability.

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

Presumption

             (4)  It is presumed, unless the contrary is proved, that fuel oil is used as mentioned in paragraph (1)(d) or paragraph (2)(b).

Note:          A defendant bears a legal burden in relation to proving the contrary (see section 13.4 of the Criminal Code ).