Document ID: chunk:federal_register_of_legislation:C2024C00540:section:26f:p1
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 26F (pt 1/7)
Character Range: 120726–123238

26F  Prohibition of discharge of garbage into the sea
 (1) If:
 (a) a person engages in conduct that causes a discharge of garbage from a ship into the sea; and
 (b) the person is reckless or negligent as to causing the discharge by that conduct; and
 (c) one of the following subparagraphs applies:
 (i) the discharge occurs when the ship is not within a special area, the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulations 3, 4 and 7 of Annex V to the Convention in relation to the area of the sea where the discharge occurs;
 (ia) the discharge occurs when the ship is within a special area, the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulations 3, 6 and 7 of Annex V to the Convention in relation to the area of the sea where the discharge occurs;
 (ib) the discharge occurs into the outer territorial sea;
 (ii) the discharge occurs into the sea in the exclusive economic zone;
 (iii) the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;
the person commits an offence punishable, on conviction, by a fine not exceeding 2,000 penalty units.

Strict liability offence
 (3) Subject to subsections (5) to (11), if:
 (a) there is a discharge of garbage from a ship into the sea; and
 (b) one of the following subparagraphs applies:
 (i) the discharge occurs when the ship is not within a special area, the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulations 3, 4 and 7 of Annex V to the Convention in relation to the area of the sea where the discharge occurs;
 (ia) the discharge occurs when the ship is within a special area, the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulations 3, 6 and 7 of Annex V to the Convention in relation to the area of the sea where the discharge occurs;
 (ib) the discharge occurs into the outer territorial sea;
 (ii) the discharge occurs into the sea in the exclusive economic zone;
 (iii) the discharge occurs into the sea beyond the exclusive economic zone and the