Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) If sewage is discharged 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
(b) if the offender is a body corporate – a fine not exceeding 10 000 penalty units.
(2) Subsection (1) does not apply to the discharge of sewage from a ship –
(a) if the discharge complies with Marine Order, Number 96 in force under sections 33(1)(a), 33(1)(c) and 34(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth and sections 267ZF, 425(1) and 425(1AA) of the Navigation Act 1912 of the Commonwealth; or
(b) for the purposes of securing the safety of the ship or saving life at sea; or
(c) if the sewage 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 discharge, for the purpose of preventing or minimising the escape of the sewage; or
(d) if the discharge was for the purpose of taking any action in order to minimise the damage from pollution and was approved by an authorized officer.
(3) For the purpose of subsection (2), damage to a ship or to its equipment is 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.