Commonwealth Consolidated Acts

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

             (1)  A person commits an offence if:

                     (a)  fuel oil is delivered to a ship; and

                     (b)  the person is the fuel oil supplier of that fuel oil; and

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

                     (d)  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(7)(b) of Annex VI in relation to that sea; or

                             (ii)  in the exclusive economic zone; and

                     (e)  a bunker delivery note is provided for the delivery; and

                      (f)  the bunker delivery note contains a declaration signed by the person or the person's representative certifying that the fuel oil meets the requirements set out in regulation 18(1) of Annex VI; and

                     (g)  the fuel oil delivered does not meet those requirements.

Penalty:  500 penalty units.

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

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