Document ID: chunk:federal_register_of_legislation:C2004A00925:clause:3_72
Version: federal_register_of_legislation:C2004A00925
Segment Type: clause
Provision Reference: sch 3 cl 72
Character Range: 54005–55883

72  Subsections 26AB(1), (3) and (4)
Repeal the subsections, substitute:

 (1) If:
 (a) a person engages in conduct that causes a harmful substance, being a substance carried as cargo in packaged form, to be jettisoned from a ship into the sea; and
 (b) the person is reckless or negligent as to causing the jettisoning by that conduct; and
 (c) either of the following applies:
 (i) where the jettisoning occurs into the sea near a State, the Jervis Bay Territory or an external Territory—there is no law of that State or Territory that makes provision giving effect to Regulation 7 of Annex III to the Convention in relation to that sea;
 (ii) where the jettisoning does not occur into the sea near a State, the Jervis Bay Territory or an external Territory or in the exclusive economic zone—the ship is an Australian ship;
the person commits an offence punishable, on conviction, by a fine not exceeding 2,000 penalty units.

 (2) In subsection (1):

engage in conduct has the same meaning as in the Criminal Code.

 (3) Subject to subsections (5) and (6), if:
 (a) a harmful substance, being a substance carried as cargo in packaged form, is jettisoned from a ship into the sea; and
 (b) either of the following applies:
 (i) where the jettisoning occurs into the sea near a State, the Jervis Bay Territory or an external Territory—there is no law of that State or Territory that makes provision giving effect to Regulation 7 of Annex III to the Convention in relation to that sea;
 (ii) where the jettisoning does not occur into the sea near a State, the Jervis Bay Territory or an external Territory or in the exclusive economic zone—the ship is an Australian ship;
the master and the owner of the ship each commit an offence punishable, on conviction, by a fine not exceeding 500 penalty units.

 (4) An offence against subsection (3) is an offence of strict liability.