Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Division, unless the contrary intention appears ;
"Annex III" means Annex III to the Prevention of Pollution from Ships Convention;
"Australian ship" means ;
(a) a s hip registered in Australia; or
(b) an unregistered ship having Australian nationality;
"foreign ship" means a ship that is not an Australian shi p.
(2) Except in so far as the contrary intention appears, an expression that is used in this Division and in the Prevention of Pollution from Ships Convention, including Annex III but not including any other Annex to that Convention, (whether or not a particular meaning is assigned to it by that Convention) has, in this Division, the same meaning as in that Convention.
(3) For the purposes of this Division, a ship shall not be taken to comply with the provisions of Annex III if it does not comply with the regulations and orders referred to in section 267ZC.
(1) Section 2 does not have effect in relation to the provisions of this Division.
(2) The provisions of this Division do not apply in relation to a ship referred to in subsection 2(1) to the extent that a law of a State or Territory makes provision giving effect to Regulations 1 to 6 (inclusive) of Annex III in relation to that ship.
(3) A reference in this section to the provisions of this Division shall be read as including a reference to the provisions of any regulations made for the purposes of subsection 267ZC(1) and of any orders made pursuant to any such regulations.
267ZC Regulations to give effect to Regulations 1 to 6 (inclusive) of Annex III
(1) The regulations may make provision for and in relation to giving effect to Regulations 1 to 6 (inclusive) of Annex III.
(2) Without limiting the generality of subsection (1), regulations made for the purposes of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulati ons by virtue of this section.
(3) Section 426 applies to orders made pursuant to regulations made by virtue of subsection (1) of this section.
(1) In this Division, unless the contrary intention appears ;
"Annex IV" means Annex IV to the Prevention of Pollution from Ships Convention;
"Australian ship" means ;
" " (a) a s hip registered in Australia; or
" " (b) an unregistered ship having Australian nationality;
"foreign ship" means a ship that is not an Australian ship;
"sewage certificate" means an International Sewage Pollution Prevention Certificate (1973) issue d under section 267ZG or 267ZH.
(2) Except in so far as the contrary intention appears, an expression that is used in this Division and in the Prevention of Pollution from Ships Convention, including Annex IV but not including any other Annex to that Convention, (whether or not a particular meaning is assigned to it by that Convention) has, in this Division, the same meaning as in that Convention.
(3) For the purposes of this Division, a ship shall not be taken to comply with the provisions of Annex IV if it does not comply with the regulations and orders referred to in section 267ZF.
(1) Section 2 does not have effect in relation to the provisions of this Division.
(2) Subject to subsection (3), the provisions of this Division apply to a ship included i n a prescribed class of ships.
(3) The provisions of this Division do not apply to a ship referred to in subsection 2 (1) to the extent that a law of a State or of a Territory makes provision giving effect to Regulations 3, 4, 6, 7 and 11 of Annex IV in relation to that ship.
(4) A reference in this section to the provisions in this Division shall be read as including a reference to the provisions of any regulations made for the purposes of subsection 267ZF and of any orders made pursuant to any such regulations.
267ZF Regulations to give effect to R egulations 3 and 11 of Annex IV
(1) The regulations may make provision for and in relation to giving effect to Reg ulations 3 and 11 of Annex IV.
(2) Without limiting the generality of subsection (1), regulations made for the purposes of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulati ons by virtue of this section.
(3) Section 426 applies to orders made pursuant to regulations made by virtue of subsection (1) of this section.
267ZG International Sewage Pollution Prevention Certificates (1973) for Australian ships
(1) Where, on receipt of declarations of survey in respect of an Australian ship, the Minister is satisfied that the ship is constructed in accordance with the provisions of Annex IV, the Minister may, whether or not the ship is required by Annex IV to be constructed in accordance with those provisions, issue in respect of the ship an International Sewage Pollution Prevention Certificate (1973) in the prescribed form attesting such compliance.
(2) Where an Australian ship in respect of which a sewage certificate has been issued is not in a port, or at an off - shore terminal, in Australia at the time when the certificate expires, the Minister may, if he or she considers it appropriate and reasonable to extend the certificate for the purpose of allowing the ship to complete its voyage to the place where it is to be surveyed again for the purpose of subsection (1), extend the certificate fo r a period not exceeding 5 months but, when the ship reaches that place, the certificate shall, for the purposes of section 267ZM, be taken to have ceased to be i n force.
267ZH International Sewage Pollution Prevention Certificates (1973) for foreign ships
Where ;
(a) at the request of the Government of the State under whose authority a foreign ship is operating (not being a ship which is entitled to fly the flag of a State which is not a Party to the Prevention of Pollution from Ships Convention), the Minister has cause d that ship to be surveyed; and
(b) the Minister, on receipt of declarations of survey in respect of that ship, is satisfied that the ship is constructed in accordance w ith the provisions of Annex IV,
the Minister may, whether or not the ship is required by Annex IV to be constructed in accordance with those provisions, issue in respect of the ship an International Sewage Pollution Prevention Certificate (1973) in the prescribed form attesting such compliance.
267ZJ Alteration, &c., of construction of ships and cancellation of certificates
(1) Where the construction of an Australian ship in respect of which a sewage certificate is in force is altered, or such a ship is damaged, in a manner which affects its compliance with the provisions of Annex IV, the master or owner of the ship shall, within 7 days after the construction of the ship is altered or the ship is damaged, as the case may be, give a notice in writing of the alteration or damage to such person, and in such form, as are prescribed and, if the notice is not so given, the master and the owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding ;
(a) if the offender is a natural person -- $1,000; or
(b) if the offend er is a body corporate -- $5,000.
(2) Where a notice required to be given under subsection (1) is not given within the period referred to in that subsection , the following provisions of this subsection have effect:
(a) the obligation to give the notice continues, notwithstanding that that period has expi red, until the notice is given;
(b) the master and the owner of the ship ar e each guilty of a separate and further offence in respect of each day during which the notice is not given, being a day after the expiration of that period;
(c) the penalty applicable to each such separate and further offence is a fine not exceeding ;
(i) if the offender is a natural person -- $1,000; or
(ii) if the offen der is a body corporate -- $5,000.
(3) Where the Minis ter has reason to believe that ;
(a) the report of a surveyor in respect of an Australian ship in respect of which a sewage certificate is in force was fraudulently or erroneously made or obtained;
(b) a sewage certificate has been issued in respect of an Australian ship upon false or erroneo us information;
(c) the construction of an Australian ship in respect of which a sewage certificate is in force has been altered, or such a ship has been damaged, in a manner which affects its compliance with the provisions of Annex IV; or
(d) the owner of an Australian ship in respect of which a sewage certificate is in force has failed to comply with subsection 267ZK(1) in respect of the ship,
the Minister may, by instrument in writing under the Minister ' s hand, cancel the certificate.
(4) Where the Minister cancels a sewage certificate issued in respect of an Australian ship, the certificate is of no force or effect after the Minister has given notice in writing of the cancellation addressed to the owner, agent or master of the ship and served in accordance wit h the regulations.
(5) Where a sewage certificate issued in respect of an Australian ship is cancelled under this section, the Minister may, by notice in writing addressed to the owner, agent or master of the ship and served in accordance with the regulations, require the certificate to be delivered up to the Minister or to such other person as the Minister specifies, and the Minister may detain the ship until the requirement is complied with.
267ZK Sh ips to be surveyed periodically
(1) The owner of an Australian ship in respect of which a sewage certificate is in force shall, at least once during each period that is a prescribed period in relation to the ship for the purposes of this section, cause the ship to be surveyed for the purpose of ensuring its compliance with the provisions of Annex IV.
(2) Where the owner of an Australian ship in respect of which a sewage certificate is in force fails to comply with subsection (1) in relation to the ship and to a period that is a prescribed period in relation to the ship, the owner is guilty of an offence punishable upon conviction by a fine not exceeding ;
(a) if the owner is a natural person : -- $2,000; or
(b) if the owne r is a body corporate : -- $10,000.
267ZL Cancellation of Certificate if ship ceases to be an Australian ship
(1) Subject to subsection (2), a sewage certificate issued in respect of an Australian ship ceases to have effect if the ship in respect of which it was issued ce ases to be an Australian ship.
(2) If an Australian ship becomes entitled to fly the flag of another State which is a Party to the Prevention of Pollution from Ships Convention, a sewage certificate issued in respect of the ship shall continue to have effect until ;
(a) the expiration of a period of 5 months after the ship became so entitled;
(b) the certificate would, but for this section, have ceased to have effect; or
(c) another International Sewage Pollution Prevention Certificate (1973) is issued in respect of the ship,
whichever occurs first.
267ZM Certificate s required for Australian ships
(1) The master of an Australian ship to which this Division applies shall not take that ship to sea unless a sewage certificate is in force in respect of that ship.
(2) The owner of an Australian ship to which this Division applies shall not permit that ship to be taken to sea unless a sewage certificate is in force in respect of that ship.
Penalty ;
(a) if the offender is a natural person : -- $10,000, or imprisonment for 4 years, or both; or
(b) if the offende r is a body corporate : -- $50,00 0.
(3) The regulations may exempt ships included in a prescribed class of ships from the application of subsection s (1) and (2), either absolutely or subject to conditions.
267ZN Certificates to be ca rried on board Australian ships
The owner of an Australian ship in respect of which a sewage certificate is in force shall cause the certificate to be carried on board the ship.
Penalty: $1,000.
267ZP Production of certificates
Where ;
(a) application is made to an officer of Customs in respect of an Australian ship for a clearance under the Customs Act for a voyage from a port in Australia; and
(b) the master of the ship would contravene subsection 267ZM (1) if the master took the ship to sea without there being in force in respect of the ship a sewage certificate,
the master of the ship shall, if so requ ired by the officer of Customs, produce to the officer of Customs the sewage certificate in force in respect of the ship, and the officer of Customs may refuse to grant the clearance, and the ship may be detained, until the certifica te is produced to the officer.
267ZQ Directio ns in relation to foreign ships
(1) Subject to subsection (2), where the Minister is of the opinion that a foreign ship is not constructed in accordance with the provisions of Annex IV (whether or not the ship is required by Annex IV to be so constructed), the Minister may, by notice in writing addressed to the master or the owner of the ship and served in accordance with the regulations, direct ;
(a) that the ship shall not enter any port, or a specified port or specified ports, in Australia;
(b) that the ship shall not use any off - shore terminal, or a specified off - shore terminal or specified off - shore terminals, in Australia;
(c) that the ship comply with specified requirements while it is entering, is in or is leaving any port, or a specified port or specified ports, in Australia; or
(d) that the ship comply with specified requirements while it is approaching, is using or is leaving any off - shore terminal, or a specified off - shore terminal or specified off - shore terminals, in Australia.
(2) The Minister shall not exercise his or her powers under subsection (1) except to the extent that it appears to the Minister necessary or expedient to do so for the protection of the environme nt.
(3) Nothing in this section shall be taken to prevent the issuing of more than one direction under subsection (1) in relation to a ship.
(4) If a direction under subsection (1) is contravened in relation to a ship, the master and the owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding ;
(a) if the offender is a natural person : -- $10,000; or
(b) if the offende r is a body corporate : -- $50,000.
(5) In proceedings for an offence against subsection (4) by reason of a contravention of a direction under subsection (1), it is a defence if it is proved ;
(a) that the contravention of the direction resulted from the need to save life at sea or was due to an emergency involving a threat to a person ' s life; or
(b) that compliance with the direction was not possible.
267ZR Offe nces against subsection s 267ZM(1) and (2) and 267ZQ (4) to be indictable
An of fence against subsection 267ZM(1) or (2) or 267ZQ (4) is an indictable offence. " .