Document ID: chunk:federal_register_of_legislation:C2004A04740:body:0:p6
Version: federal_register_of_legislation:C2004A04740
Segment Type: other
Provision Reference: 
Character Range: 13121–15999

and the owner of the ship are guilty of an offence.

Penalty: Imprisonment for 4 years.

"(5) A person must not intentionally or recklessly contravene a condition that is applicable to a person.

Penalty: Imprisonment for 4 years.

"(6) The Minister or the Authority must not make a direction if the proposed exemption would be inconsistent with an obligation of Australia under an international agreement.

"(7) The Minister or the Authority must not make a direction unless satisfied that the proposed exemption will not jeopardise the safety of a ship or persons on board a ship.".

Occupational Health and Safety (Maritime Industry) Act 1993

After section 120:

  Insert:

Regulations—power to make

"121. The Governor-General may make regulations prescribing all matters:

  (a) required or permitted by this Act to be prescribed; or

     (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.".

Protection of the Sea (Civil Liability) Act 1981

After subsection 22(1):

  Insert:

"(1A) If a ship is detained under this section, the person authorised to detain it may escort it to a port in Australia.".

SCHEDULE 1—continued

Subsection 22(2):

  Add at the end "or in the exclusive economic zone".

Subsection 22(4):

  Insert:

" 'exclusive economic zone' means the exclusive economic zone, within the meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast of Australia or the coast of an external Territory;".

After Part IV:

  Insert:

"PART IVA—RECOVERY OF LOSS ETC. INCURRED BY THE AUSTRALIAN MARITIME SAFETY AUTHORITY BECAUSE OF DISCHARGES FROM SHIPS

Recovery of loss etc. by the Authority

"22A.(1) This section applies if the Authority suffers loss or damage, or incurs costs or expenses, in preventing or mitigating or in attempting to prevent or mitigate any pollution damage, because of:

     (a) a discharge or disposal in contravention of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983; or

     (b) action taken by the Authority in performance of its function, under paragraph 6(1)(a) of the Australian Maritime Safety Authority Act 1990, to combat pollution in the marine environment caused by a discharge or disposal from a ship.

  "(2) The Authority may recover from:

     (a) the owner or the master of the ship from which the discharge or disposal occurred; or

  (b) any person whose act caused the discharge or disposal;

the amount of the loss, damage, costs and expenses.

"(3) The amount is recoverable as a debt in a court of competent jurisdiction.

  "(4) In this section:

'Authority' means the Australian Maritime Safety Authority.".

Protection of the Sea (Prevention of Pollution from Ships) Act 1983

Subsection 3(1):

  Insert:

SCHEDULE 1—continued

" 'exclusive economic zone' means the exclusive economic zone, within the meaning of the Seas and