Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) If a harmful substance carried as cargo in packaged form is jettisoned from a ship into State waters, the master and the owner of the ship are each guilty of an offence and are each liable on summary conviction to –
(a) if the offender is a natural person – a fine not exceeding 2 500 penalty units or imprisonment for a term not exceeding 4 years; or
(b) if the offender is a body corporate – a fine not exceeding 10 000 penalty units.
(2) Subsection (1) does not apply to the jettisoning of a harmful substance carried as cargo in packaged form from a ship –
(a) for the purposes of securing the safety of the ship or saving life at sea; or
(b) if the harmful substance escaped from the ship in consequence of damage, other than intentional damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the jettisoning for the purpose of preventing or minimising the escape of the harmful substance; or
(c) if the jettisoning was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by a prescribed officer.
(3) For the purpose of subsection (2), damage to a ship or to its equipment is to be taken to be intentional damage if, and only if, the damage arose in circumstances in which the master or owner of the ship –
(a) acted with intent to cause the damage; or
(b) acted recklessly and with knowledge that damage would probably result.