Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person supplies fuel oil (other than gas fuel) to a ship; and
(b) the ship has a gross tonnage of 400 or more; and
(c) the supply happens while the ship is:
(i) 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 supply happens; or
(ia) in the outer territorial sea; or
(ii) in the exclusive economic zone; and
(d) the person does not provide to the master of the ship a completed bunker delivery note for the fuel oil supplied that meets the requirements of subsection (1A).
(1A) For the purposes of paragraph (1)(d), the bunker delivery note must:
(a) be provided in the approved form; and
(b) contain a declaration that:
(i) certifies that the fuel oil supplied meets the requirements set out in Annex VI; and
(ii) is signed by the person responsible for the final blend of the components of the fuel oil supplied, or by that person's representative; and
(c) if the regulations prescribe, for the purposes of this paragraph, requirements in relation to providing the bunker delivery note--be provided in accordance with those requirements.
(2) A person commits an offence if:
(a) the person supplies fuel oil (other than gas fuel) to a ship; and
(b) the ship has a gross tonnage of 400 or more; and
(c) the supply happens while the ship is:
(i) 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 supply happens; or
(ia) in the outer territorial sea; or
(ii) in the exclusive economic zone; and
(d) the person does not provide to the master of the ship, in accordance with the regulations, a representative sample of the fuel oil that is sealed and signed in accordance with the regulations.
(3) An offence against subsection (1) or (2) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .