Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a prescribed incident occurs in relation to a ship, the master of the ship shall, without delay, notify, in the prescribed manner:
(a) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred--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.
(2) Subsection (1) does not apply in relation to a prescribed incident in relation to a ship if the master of the ship was unable to comply with the subsection in relation to the incident.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code .
(3) Where a prescribed incident occurs in relation to a ship and:
(a) the master of the ship fails to comply with subsection (1) (whether or not the master is able to comply with that subsection) 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, notify, 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 officer; 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 commits an offence punishable, upon conviction, by a fine not exceeding 500 penalty units.
(3A) An offence under subsection (3) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
(4) Subsection (3) does not apply to a person in relation to a prescribed incident in relation to a ship if:
(a) the person was not aware of the incident; or
(b) in the case of a prescribed incident to which paragraph (3)(a) applies--the person neither knew nor suspected that the master of the ship had not complied with subsection (1) in relation to the incident.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code .
(5) Subsection (4) shall not be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (3).
(6) A master of a ship who, pursuant to subsection (1), 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, furnish, 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.
(7) Where subsection (3) 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, furnish, 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.
(8) A person shall not, in a notice given to a prescribed officer or a government pursuant to subsection (1) or (3) or in a report furnished to a prescribed officer or a government pursuant to subsection (6) or (7), make a statement that is false or misleading in a material particular.
(9) This section does not apply in relation to a prescribed incident, in relation to a ship, that occurs 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 that prescribed incident.
Note: A defendant bears an evidential burden in relation to the matter in subsection (9): see subsection 13.3(3) of the Criminal Code .
(9A) This section does not apply in relation to a prescribed incident that occurs in relation to a foreign ship if the incident occurs outside the following:
(a) the sea near a State;
(b) the sea near the Jervis Bay Territory;
(c) the sea near an external Territory;
(d) the outer territorial sea;
(e) the exclusive economic zone.
Note: A defendant bears an evidential burden in relation to the matter in subsection (9A): see subsection 13.3(3) of the Criminal Code .
(10) In this section:
"prescribed incident" , in relation to a ship, means:
(a) an incident involving a discharge from the ship of oil or an oily mixture, not being a discharge to which subsection 9(4) applies; or
(b) an incident involving the probability of a discharge from the ship of oil or an oily mixture, not being a discharge to which subsection 9(4) would apply; or
(c) if the ship is 15 metres or more in length--an incident (including, but not limited to, collision, grounding, fire, explosion, structural failure, flooding and cargo shifting) involving damage, failure or breakdown that affects the safety of the ship; or
(d) if the ship is 15 metres or more in length--an incident (including, but not limited to, failure or breakdown of steering gear, propulsion plant, electrical generating system and essential shipborne navigational aids) involving damage, failure or breakdown that impairs the safety of navigation of the ship.