Commonwealth Consolidated Acts

PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 26FEN

  (1)   The master and the owner of a ship each commit an offence if:

  (a)   fuel oil is used on board the ship; and

  (b)   the fuel oil does not meet the requirements set out in Annex VI; and

  (c)   one of the following applies:

  (i)   the fuel oil is used while the ship is in the sea near a State, the Jervis Bay Territory or an external Territory and no law of that State or Territory gives effect to paragraph   3 of Regulation   18 of Annex VI in relation to the area of the sea where the fuel oil is used;

  (ia)   the fuel oil is used while the ship is in the outer territorial sea;

  (ii)   the fuel oil is used while the ship is in the exclusive economic zone;

  (iii)   the ship is an Australian ship and the fuel oil is used while the ship is beyond the exclusive economic zone.

Penalty:   500 penalty units.

  (2)   An offence against subsection   (1) is an offence of strict liability.

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

Presumption

  (3)   It is presumed, unless the contrary is proved, that fuel oil is used as mentioned in paragraph   (1)(c).

Note:   A defendant bears a legal burden in relation to proving the contrary (see section   13.4 of the Criminal Code ).