Document ID: chunk:federal_register_of_legislation:C2007A00024:clause:1_26fep
Version: federal_register_of_legislation:C2007A00024
Segment Type: clause
Provision Reference: sch 1 cl 26FEP
Character Range: 32334–33376

26FEP  Fuel oil delivered must be in accordance with declaration

 (1) A person commits an offence if:
 (a) fuel oil is delivered to a ship; and
 (b) the person is the fuel oil supplier of that fuel oil; and
 (c) the ship has a gross tonnage of 400 or more; and
 (d) the delivery 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 Regulation 18(7)(b) of Annex VI in relation to that sea; or
 (ii) in the exclusive economic zone; and
 (e) a bunker delivery note is provided for the delivery; 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 regulation 18(1) of Annex VI; and
 (g) the fuel oil delivered 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.