Victorian Consolidated Legislation

Marine Act 1988 - SECT 46

Non-compliance with notice under section 45(1)

46. Non-compliance with notice under section 45(1)



(1) If a notice under section 45(1) is served in respect of a vessel and a
requirement specified in the notice is not complied with or a prohibition
specified in it is contravened, the owner of the vessel is guilty of an
indictable offence and liable to a penalty of not more than 500 penalty units.

(2) It is a defence to a charge under subsection (1) for the person charged to
prove-

   (a)  that the failure to comply with the notice resulted from the need to
        save life at sea; or

   (b)  that compliance with the notice was not reasonably practicable in the
        circumstances.

(3) If a requirement specified in a notice under section 45(1) is not complied
with, the Minister may, whether or not the owner of the vessel has been
convicted of an offence under subsection (1), cause such things to be done as
the Minister thinks proper for the carrying out of the action required by the
notice to be carried out.

(4) If-

   (a)  a notice under section 45(1) is served in respect of a vessel which is
        not a tanker; and

   (b)  a requirement specified in the notice is not complied with or a
        prohibition specified in it is contravened; and

   (c)  a prohibited discharge occurs from the vessel because the requirement
        was not complied with or the prohibition was contravened-

the Minister may, whether or not the owner of the vessel has been convicted of
an offence under subsection (1), cause any things to be done that the Minister
thinks proper to prevent, or reduce the extent of, the pollution of State
waters or any part of the Victorian coast or to remove or reduce the effects
of that pollution.

(5) Subject to subsection (6), the amount of any expense or other liability
incurred by the Minister in, or by reason of, the exercise of his or her
powers under subsection (3) or (4) in relation to a vessel-

   (a)  is a debt due to the Crown by, and may be recovered from, the owner of
        the vessel; and

   (b)  is a charge on the vessel-

and the vessel may be detained by a person authorised by the Minister until
the amount is paid or security for its payment is provided to the satisfaction
of the Minister.

(6) Subsection (5) does not apply in relation to the amount of any expense or
other liability incurred by the Minister in, or by reason of, the exercise of
his or her powers under subsection (4) in relation to a prohibited discharge
that has occurred from a vessel if-

   (a)  the failure of the owner of the vessel to comply with the notice under
        section 45(1) resulted from the need to save life at sea; or

   (b)  compliance with the notice was not reasonably practicable in the
        circumstances.