Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person delivers fuel oil to a ship; and
(b) the person provides a bunker delivery note for the delivery; 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 delivered; and
(ii) have that copy readily available for inspection by an inspector at all reasonable times.
Penalty: 200 penalty units.
(2) The master and the owner of an Australian ship each commit an offence if:
(a) fuel oil is delivered to the ship; and
(b) the ship has a gross tonnage of 400 or more; and
(c) a bunker delivery note for the delivery 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 delivery; and
(ii) readily available for inspection at all reasonable times.
Penalty: 200 penalty units.
(3) The master and the owner of a foreign ship each commit an offence if:
(a) fuel oil is delivered to the ship; and
(b) the ship has a gross tonnage of 400 or more; and
(c) a bunker delivery note for the delivery 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 delivery; 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.
(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 .
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