AustLII Tasmanian Consolidated Acts

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POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1987 - SECT 25H

25H. Garbage record book to be retained

      (1) A garbage record book must be retained in the ship to which it applies for 2 years after the day on which the last entry was made in it and be readily available for inspection at all reasonable times.

      (2) If a garbage record book is not retained in a ship in accordance with subsection (1), the master and the owner of the ship are each guilty of an offence and are each liable on summary conviction to a fine not exceeding –

(a) if the offender is a natural person – 500 penalty units; or

(b) if the offender is a body corporate – 1 000 penalty units.

      (3) On the expiration of the 2 year period referred to in subsection (1), a garbage record book must be retained for one further year in the ship to which it applies, or at the registered office in the State of the owner of the ship, and be readily available for inspection at all reasonable times.

      (4) If a garbage record book of a ship is not retained in accordance with subsection (3), the owner of the ship is guilty of an offence and is liable on summary conviction to a fine not exceeding –

(a) if the offender is a natural person – 500 penalty units; or

(b) if the offender is a body corporate – 1 000 penalty units.

      (5) The owner of a ship to which section 25G applies who resides in the State, or has an office or agent in the State, may from time to time furnish to a prescribed officer notice, in writing, of an address, being the address of –

(a) the place in the State at which he or she resides; or

(b) his or her office in the State or, if the owner has more than one office in the State, the principal office in the State; or

(c) the office or place of residence in the State of an agent or, if the agent has more than one office in the State, the principal office in the State of the agent –

and the place or office of which an address is furnished for the time being under this subsection is the registered office in the State of the owner of the ship for the purposes of subsection (3).

      (6) If the owner of a ship to which section 25G applies does not reside in the State and does not have an office or agent in the State, the owner may deposit a garbage record book of the ship with a prescribed officer and the book, while so deposited, is taken for the purposes of subsection (3) to be retained at the registered office in the State of the owner.



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