Commonwealth Consolidated Acts

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

  (1)   This section applies to an Australian ship that:

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

  (b)   has at least one rechargeable system containing ozone depleting substances; and

  (c)   is engaged on an overseas voyage.

Ship to carry ozone depleting substances record book

  (2)   The ship must carry an ozone depleting substances record book as required by the regulations.

  (3)   An ozone depleting substances record book must:

  (a)   be in accordance with the appropriate prescribed form; and

  (b)   make provision for a signature, in accordance with subsection   (7), in relation to each page of it; and

  (c)   make provision for a signature, in accordance with subsection   (8), in relation to each entry made in it.

  (4)   The master and the owner of the ship each commit an offence if the ship does not carry an ozone depleting substances record book as required by this section.

Penalty:   200 penalty units.

  (5)   An offence against subsection   (4) is an offence of strict liability.

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

Recording prescribed operations or prescribed occurrences in ozone depleting substances record book

  (6)   The master of the ship commits an offence if:

  (a)   a prescribed operation or prescribed occurrence is carried out or occurs in, or in relation to, the ship; and

  (b)   neither of the following subparagraphs applies:

  (i)   the master of the ship makes, without delay, appropriate entries in accordance with subsection   (8) in the ship's ozone depleting substances record book;

  (ii)   the master of the ship causes appropriate entries in accordance with that subsection to be made in that book as soon as is practicable in the circumstances.

Penalty:   200 penalty units.

Signing of pages of ozone depleting substances record book

  (7)   The master of the ship commits an offence if:

  (a)   a page of the ship's ozone depleting substances record book is completed; and

  (b)   the master of the ship does not, as soon as is practicable in the circumstances, sign the page.

Penalty:   200 penalty units.

Form of entries in ozone depleting substances record book

  (8)   An entry in a ship's ozone depleting substances record book:

  (a)   must be made in the English language; and

  (b)   if the entry is made in relation to a prescribed operation--must be signed by the person in charge of the operation.