Commonwealth Consolidated Acts

PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 33

             (1)  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act;

and, in particular:

                     (c)  for and in relation to giving effect to the Convention, other than provisions of the Convention to which effect is given by a provision of this Act, any other Act or any instrument made under any other Act;

                     (e)  fixing fees to be paid in respect of any matters under this Act;

                      (f)  prescribing penalties not exceeding 50 penalty units for a contravention of a provision of the regulations or of any of the orders made under section 34; and

                     (g)  exempting, either absolutely or subject to conditions, a prescribed ship, or ships included in a prescribed class of ships, from all or any of the provisions of this Act or of the regulations.

          (1A)  The limit in paragraph (1)(f) on penalties does not apply to regulations made for the purposes of subsection 32(1), (1A) or (1B).

             (2)  Regulations, and orders made under section 34, giving effect to Annex I, II, III, IV, V or VI to the Convention do not apply in relation to a ship as defined by subsection (4) to the extent that a law of a State or a Territory gives effect to the Annex in relation to that ship.

             (3)  In proceedings for an offence against a provision of the regulations, a ship shall, unless the contrary is proved, be deemed not to be a ship as defined by subsection (4).

             (4)  In subsections (2) and (3), a reference to a ship as defined by this subsection shall be construed as a reference to a ship that is:

                     (a)  a trading ship proceeding on a voyage other than an overseas voyage or an inter‑State voyage;

                     (b)  an Australian fishing vessel proceeding on a voyage other than an overseas voyage; or

                     (c)  a pleasure craft.

             (5)  For the purposes of subsection (4):

                     (a)  trading ship , inter‑State voyage , Australian fishing vessel and pleasure craft have the same respective meanings as they have in the Navigation Act 1912 ;

                     (b)  overseas voyage has the same meaning as it has in the Navigation Act 1912 except that a voyage of an Australian fishing vessel (being a ship that is regularly engaged in making voyages from a port or ports in Queensland) commencing at a port in that State and ending at the same port or another port in that State shall not be taken to be an overseas voyage by reason only that, as an incidental part of its fishing operations on that voyage, the ship calls at a port or ports in Papua New Guinea; and

                     (c)  a ship shall be deemed to be proceeding on a voyage from the time when it has got under way for the purpose of proceeding on the voyage until the time when it has got under way for the purpose of proceeding on another voyage.