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PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 17

Prohibition of carriage of substances that have not been categorized or provisionally assessed

  (1)   A person commits an offence if:

  (a)   the person engages in conduct; and

  (b)   the conduct results in a liquid substance, or a mixture containing a liquid substance, being carried as cargo or part   cargo in bulk on an Australian ship; and

  (c)   the person is negligent as to causing that result; and

  (d)   the substance has not been categorized in accordance with regulation   6.1 of Annex II; and

  (e)   the substance has not been provisionally assessed in accordance with regulation   6.3 of Annex II; and

  (f)   the substance is being carried while one of the following subparagraphs applies:

  (i)   the ship is in the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to regulation   13.1.3 of Annex II in relation to the area of the sea where the substance is being carried;

  (ia)   the ship is in the outer territorial sea;

  (ii)   the ship is in the exclusive economic zone;

  (iii)   the ship is beyond the exclusive economic zone.

Penalty:   200 penalty units.

  (2)   The master and the owner of an Australian ship each commit an offence if:

  (a)   a liquid substance, or a mixture containing a liquid substance, is carried as cargo or part   cargo in bulk on the ship; and

  (b)   the substance has not been categorized in accordance with regulation   6.1 of Annex II; and

  (c)   the substance has not been provisionally assessed in accordance with regulation   6.3 of Annex II; and

  (d)   the substance is carried while one of the following subparagraphs applies:

  (i)   the ship is in the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to regulation   13.1.3 of Annex II in relation to the area of the sea where the substance is being carried;

  (ia)   the ship is in the outer territorial sea;

  (ii)   the ship is in the exclusive economic zone;

  (iii)   the ship is beyond the exclusive economic zone.

Penalty:   60 penalty units.

  (3)   An offence under subsection   (2) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .


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