Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Part, ' harmful substance ' means a substance which is identified as a marine pollutant in the International Maritime Dangerous Goods (IMDG) Code.
(2) Except in so far as the contrary intention appears, an expression that is used in this Part and in Annex III to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part the same meaning as in that Annex.
26B Duty to report certain incidents involving harmful substances
(1) This section does not apply in relation to prescribed incidents that occur in the sea near a State, the Jervis Bay Territory or an external Territory to the extent that a law of that State or Territory makes provision giving effect to Protocol I to the Convention in relation to those prescribed incidents.
(2) This section does not apply in relation to a prescribed incident that occurs in relation to a foreign ship unless the incident occurs in the sea near a State, the Jervis Bay Territory or an external Territory.
(3) Where a prescribed incident occurs in relation to a ship, the master of the ship shall, without delay, notify, in the prescrib ed manner ;
(a) where Australia or an external Territory is the nearest coastal State to the place where the incident oc curred ; a prescribed officer; or
(b) where a foreign country is the nearest coastal State to that place ; the government of that foreign country,
of the incident.
Penalty: $5,000.
(4) In a prosecution of a person for an offence against subsection (3) in relation to a prescribed incident, it is a defence if the person proves that the person was unable to comply with the subsection in relation to the incident.
(5) Where a prescribed incident occurs in relation to a ship and ;
(a) the master of the ship is unable to comply with subsection (3) in relation to the incident; or
(b) the incident occurs in circumstances in which the ship is abandoned,
the owner, charterer, manager or operator of the ship or an agent of the owner, charterer, manager or operator of the ship shall, without delay, no tify, in the prescribed manner ;
(c) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred ; a prescribed of ficer; or
(d) where a foreign country is the nearest coastal State to that place ; the government of that foreign country,
of the incident, and, if a prescribed officer or a government, as the case may be, is not so notified, each of those persons is guilty of an offence punishable, upon convi ction, by a fine not exceeding ;
(e) in the case of a person, not be ing a body corporate -- $5,000; or
(f) in the case of a person, b eing a body corporate -- $25,000.
(6) In a prosecution of a person for an offence against subsection (5) in relation to a prescribed incident in relation to a ship, it is a defence if the person proves ;
(a) that the person wa s not aware of the incident; or
(b) in the case of a prescribed incident to which paragraph ( 5)(a) applies - that the person neither knew nor suspected that the master of the ship was unable to comply with subsection (3 ) in relation to the incident.
(7) Subsection (6) shall not be taken to limit by implication any defence that would, but for that subsection , be available to a person charged with an of fence against subsection (5).
(8) A master of a ship who, pursuant to subsection (3), has notified a prescribed officer or a government of the occurrence of a prescribed incident shall, if so requested by a prescribed officer or that government, as the case may be, give, within the prescribed time, a report to a prescribed officer or that government, as the case may be, in relation to the incident in accordance with the prescribed form.
Penalty: $5,000.
(9) Where subsection (5) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that subsection , has notified a prescribed officer or a government of the occurrence of the prescribed incident shall, if so requested by a prescribed officer or that government, as the case may be, give, within the prescribed time, a report to a prescribed officer or that government, as the case may be, in relation to the incident in accordance with the prescribed form.
Penalty: $5,000.
(10) A person shall not, in a notice given to a prescribed officer or a government pursuant to subsection (3) or (5) or in a report given to a prescribed officer or a government pursuant to subsection (8) or (9), make a statement that is false or misle ading in a material particular.
Penalty: $5,000.
(11) In this section, ' prescribed incident ' , in relation to a ship means ;
(a) a discharge from the ship of a harmful substance carried as cargo in a packaged form or in a freight container, portable tank or road and rail tank wagon, not being a discharge occurring because the substance was washed overboard in accordance with the regulations or orders made pursuant to the regulations; or
(b) an incident involving the probability of a discharge from the ship of a harmful substance carried as cargo in packaged form or in a freight container, portable tank or road and rail tank wagon, not being a discharge occurring because the substance was washed overboard in accordance with the regulations or orders made pursuant to the regulations.