(3) If:
(a) an oil residue is discharged from an Australian ship into the sea; and
(b) such a discharge cannot occur without the commission of an offence against subsection 9(1B) or of an offence against a law of a State or Territory;
the master, the charterer and the owner of the ship each commit an offence punishable, on conviction, by a fine not exceeding 20,000 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.