Commonwealth Consolidated Acts

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

  (1)   A person commits an offence if:

  (a)   fuel oil (other than gas fuel) is supplied to a ship; and

  (b)   the person is responsible for the final blend of the components of the fuel oil supplied; and

  (c)   the ship has a gross tonnage of 400 or more; and

  (d)   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 subparagraph   9.2 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

  (e)   a bunker delivery note is provided for the supply; and

  (f)   the bunker delivery note contains a declaration signed by the person or the person's representative certifying that the fuel oil meets the requirements set out in Annex VI; and

  (g)   the fuel oil supplied does not meet those requirements.

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 .