Commonwealth Consolidated Acts

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

  (1)   A person commits an offence if:

  (a)   the person supplies 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 connection with that supply, documentation specifying the sulphur content for the gas fuel supplied.

Penalty:   200 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 .