Commonwealth Consolidated Acts

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

             (1)  A person commits an offence if:

                     (a)  the person delivers fuel oil to a ship; and

                     (b)  the ship has a gross tonnage of 400 or more; and

                     (c)  the delivery happens while the ship is:

                              (i)  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 18(1) of Annex VI in relation to that sea; or

                             (ii)  in the exclusive economic zone; and

                     (d)  the person does not provide to the master of the ship, in accordance with the regulations, a completed bunker delivery note in the approved form for the fuel oil delivered.

Penalty:  200 penalty units.

             (2)  A person commits an offence if:

                     (a)  the person delivers fuel oil to a ship; and

                     (b)  the ship has a gross tonnage of 400 or more; and

                     (c)  the delivery happens while the ship is:

                              (i)  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 18(1) of Annex VI in relation to that sea; or

                             (ii)  in the exclusive economic zone; and

                     (d)  the person does not provide to the master of the ship, in accordance with the regulations, a representative sample of the fuel oil that is sealed and signed in accordance with the regulations.

Penalty:  200 penalty units.

             (3)  An offence against subsection (1) or (2) is an offence of strict liability.

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