MARINE POLLUTION ACT 2012 - SECT 90
Duty of other persons to report if ship abandoned or report cannot be obtained
MARINE POLLUTION ACT 2012 - SECT 90
Duty of other persons to report if ship abandoned or report cannot be obtained
90 Duty of other persons to report if ship abandoned or report cannot be
obtained
(1) The owner, charterer, manager or operator of an abandoned ship
in relation to which a reportable incident has occurred in State waters, and
any agent of the owner, charterer, manager or operator of the ship, are each
guilty of an offence if the reportable incident is not reported to the
Minister, without delay, in the manner prescribed by the regulations.
:
Maximum penalty--
(a) in the case of an individual--$121,000, or
(b) in the
case of a corporation--$2,750,000.
(2) The owner, charterer, manager or
operator of a ship in relation to which a reportable incident has occurred in
State waters in other circumstances in which a notification cannot be obtained
from the master of the ship under Division 2, and any agent of the owner,
charterer, manager or operator of the ship are each guilty of an offence if
the reportable incident is not reported to the Minister, without delay, in the
manner prescribed by the regulations.
: Maximum penalty--
(a) in the case of
an individual--$121,000, or
(b) in the case of a corporation--$2,750,000.
(3) In a prosecution of a person for an offence against this section in
relation to a reportable incident, it is a defence if the person proves--
(a)
that the person was not aware of the incident, or
(b) that the person neither
knew nor suspected that the ship was abandoned or the circumstances that meant
that a report could not be obtained.
(4) Subsection (3) does not limit any
defence that would, but for that subsection, be available to a person charged
with an offence under this section.
Editor's note : See Article I(2) of
Protocol I of MARPOL.
