Commonwealth Consolidated Acts

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

             (1)  The master and the owner of a 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 representative sample of fuel oil is provided to the master in connection with the delivery of fuel oil to the ship; and

                     (d)  the sample is not retained in accordance with the regulations until the later of the following:

                              (i)  the time at which the fuel oil delivered is substantially consumed;

                             (ii)  the end of 12 months after the day on which the fuel oil is delivered.

Penalty:  200 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 .