PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 26FEQ Bunker delivery note must be retained and available for inspection

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

Local supplier

  (1)   A person commits an offence if:

  (a)   the person supplies fuel oil (other than gas fuel) to a ship; and

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

  (b)   the person provides a bunker delivery note for the supply; and

  (c)   the person does not:

  (i)   retain a copy of the bunker delivery note for at least 3 years after the fuel oil is supplied; and

  (ii)   have that copy readily available for inspection by an inspector at all reasonable times.

Penalty:   200 penalty units.

Master and owner of Australian ship

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

  (a)   fuel oil (other than gas fuel) is supplied to the ship; and

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

  (c)   a bunker delivery note for the supply of fuel oil to the ship is provided to the master of the ship; and

  (d)   the bunker delivery note is not:

  (i)   retained in accordance with subsection   (5) for 3 years after the supply; and

  (ii)   readily available for inspection at all reasonable times.

Penalty:   200 penalty units.

Master and owner of foreign ship

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

  (a)   fuel oil (other than gas fuel) is supplied to the ship; and

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

  (c)   a bunker delivery note for the supply of fuel oil to the ship is provided to the master of the ship; and

  (d)   the bunker delivery note is not:

  (i)   retained in the ship for 3 years after the supply; and

  (ii)   readily available for inspection at all reasonable times while the ship is in an Australian port or an Australian offshore terminal.

Penalty:   200 penalty units.

Strict liability offences

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

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

Retention requirements for masters and owners of Australian ships

  (5)   For the purposes of subparagraph   (2)(d)(i), a bunker delivery note must be retained:

  (a)   in the ship; or

  (b)   at a place approved under subsection   (7).

  (6)   The owner of an Australian ship that engages in scheduled services may apply in writing to the Authority for approval to retain bunker delivery notes at a particular place.

  (7)   If an application is made to the Authority, the Authority must:

  (a)   either approve, or refuse to approve, the place; and

  (b)   give the owner of the ship written notice of the decision including, in the case of a refusal, the reasons for the refusal.

  (8)   An application may be made to the Administrative Appeals Tribunal for review of a decision of the Authority under subsection   (7) to refuse to approve a place.