Commonwealth Consolidated Acts Commonwealth Consolidated ActsFault - based offences
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the person's conduct causes a discharge of sewage from a ship in the Antarctic Area; and
(c) the person is reckless or negligent as to causing the discharge by that conduct; and
(d) the ship is a ship to which Annex IV to the Convention applies; and
(e) if the discharge occurs outside the outer limits of the exclusive economic zone adjacent to the coast of the Australian Antarctic Territory--the ship is an Australian ship.
(2) A person commits an offence if:
(a) the person engages in conduct; and
(b) the person's conduct causes a discharge of sewage from a ship in Arctic waters; and
(c) the person is reckless or negligent as to causing the discharge by that conduct; and
(d) the ship is a ship to which Annex IV to the Convention applies; and
(e) the ship is an Australian ship.
Strict liability offences
(3) The master and the owner of a ship each commit an offence of strict liability if:
(a) sewage is discharged from the ship in the Antarctic Area; and
(b) the ship is a ship to which Annex IV to the Convention applies; and
(c) if the discharge occurs outside the outer limits of the exclusive economic zone adjacent to the coast of the Australian Antarctic Territory--the ship is an Australian ship.
(4) The master and the owner of a ship each commit an offence of strict liability if:
(a) sewage is discharged from the ship in Arctic waters; and
(b) the ship is a ship to which Annex IV to the Convention applies; and
(c) the ship is an Australian ship.
Exception--discharge of sewage for ship's safety etc.
(5) Subsections (3) and (4) do not apply to the discharge of sewage from a ship if:
(a) the discharge is necessary for the purpose of:
(i) securing the safety of the ship and persons on board the ship; or
(ii) saving life at sea; or
(b) both of the following apply:
(i) the discharge results from damage to the ship or its equipment;
(ii) all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the discharge.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code .
Exception--discharge of comminuted and disinfected sewage etc.
(6) Without limiting the generality of subsection (5), subsections (3) and (4) do not apply to the discharge of sewage from a ship if the following conditions are satisfied:
(a) the ship is not a category A ship, category B ship or passenger ship constructed on or after 1 January 2017;
(b) if the sewage has been comminuted and disinfected using a system approved in accordance with the regulations giving effect to paragraph 1.2 of Regulation 9 of Annex IV to the Convention--the discharge is made when the ship is:
(i) as far as practicable from areas of ice concentration exceeding 1/10; and
(ii) at a distance of more than 3 nautical miles from the nearest land, any ice - shelf or fast ice;
(c) if the sewage has not been comminuted or disinfected using such a system--the discharge is made when the ship is:
(i) as far as practicable from areas of ice concentration exceeding 1/10; and
(ii) at a distance of more than 12 nautical miles from the nearest land, any ice - shelf or fast ice;
(d) if the sewage has been stored in a holding tank or originates from spaces containing living animals--the sewage is not discharged instantaneously but is discharged at a prescribed rate when the ship is proceeding en route at a speed of not less than 4 knots.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code .
Exception--discharge of sewage treated in sewage treatment plant
(7) Without limiting the generality of subsection (5), subsections (3) and (4) do not apply to the discharge of sewage from a ship if the following conditions are satisfied:
(a) the sewage has been treated in a sewage treatment plant on the ship;
(b) an inspector has certified that the sewage treatment plant meets the requirements of the regulations giving effect to paragraph 1.1 or 2.1 of Regulation 9 of Annex IV to the Convention;
(c) the discharge is made when the ship is as far as practicable from the nearest land, any ice - shelf, fast ice or areas of ice concentration exceeding 1/10;
(d) the effluent does not produce visible floating solids in the Antarctic Area or Arctic waters and does not cause discolouration in the Antarctic Area or Arctic waters.
Note: A defendant bears an evidential burden in relation to the matter in subsection (7): see subsection 13.3(3) of the Criminal Code .
(8) Without limiting the generality of subsection (5), subsections (3) and (4) do not apply to the discharge of sewage from a ship if the following conditions are satisfied:
(a) the ship is a category A ship or category B ship operating in areas of ice concentration exceeding 1/10 for extended periods of time;
(b) the sewage has been treated in a sewage treatment plant on the ship;
(c) an inspector has certified that the sewage treatment plant meets the requirements of the regulations giving effect to paragraph 1.1 or 2.1 of Regulation 9 of Annex IV to the Convention;
(d) the discharge has been approved in accordance with the regulations.
Note: A defendant bears an evidential burden in relation to the matter in subsection (8): see subsection 13.3(3) of the Criminal Code .
Exception--discharge of sewage in territorial waters of foreign country
(9) Without limiting the generality of subsection (5), subsections (3) and (4) do not apply to the discharge of sewage from a ship if the discharge occurs in the territorial waters of a foreign country in accordance with the law of that country.
Note: A defendant bears an evidential burden in relation to the matter in subsection (9): see subsection 13.3(3) of the Criminal Code .