Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Oil shall not be transferred between sunset and sunrise to or from a ship in any port unless notice has been given to, and permission in writing obtained from, the harbour master.
(2) For the purposes of this section, a general notice may be given to the harbour master that such transfers will be frequently carried out at a place and within a period specified in the notice, and a general permission subject to such conditions as the harbour master thinks fit may be given.
(3) If oil is transferred to or from a ship in contravention of this section or if a condition attached to the permission given is not observed–
on summary conviction to–(a) the master of the ship is guilty of an offence and is liable; and
(b) if the oil is transferred from or to a place on land, the master of the ship and the occupier of that place are each guilty of an offence and are each liable–
(c) if the offender is a natural person–a fine not exceeding 1 250 penalty units or imprisonment for a term not exceeding 2 years; or
(d) if the offender is a body corporate–a fine not exceeding 5 000 penalty units.
(4) A penalty imposed and recovered in respect of an offence against subsection (3) shall be paid to the port operator having jurisdiction over the port in which the offence was committed.