Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p8
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 8/13)
Character Range: 181916–184591

required by the regulations to be carried on the ship.
"(3) An oil record book shall be in accordance with the appropriate prescribed form with provision made for a signature, in accordance with sub-section (6), in relation to each

SCHEDULE 1—continued

entry made in it and for a signature, in accordance with sub-section (7), in relation to each page of it.".

Sub-sections 12 (4) and (5)—
Omit "an Australian ship", substitute "a ship".

Section 12—
Add at the end the following sub-section:
"(7) Where a page of a ship's oil record book is completed, the master of the ship shall, without delay, sign the page.
Penalty: $5,000.".

Section 13—
Omit "an Australian ship", substitute "a ship".

Sub-sections 14 (1), (3), (5) and (6)—
Omit "an Australian ship", substitute "a ship".

Section 22—
Repeal the section, substitute the following section:

Duty to report certain incidents involving certain substances
"22. (1) Where a prescribed incident occurs in relation to an Australian ship, the master of the ship shall, without delay, notify, in the prescribed manner, a prescribed officer of the incident.
Penalty: $5,000.
"(2) In a prosecution of a person for an offence against sub-section (1) in relation to a prescribed incident, it is a defence if the person proves that the person was unable to comply with the sub-section in relation to the incident.
"(3) Where a prescribed incident occurs in relation to an Australian ship and—
     (a) the master of the ship is unable to comply with sub-section (1) in relation to the incident; or
     (b) the incident occurs in circumstances in which the ship is abandoned,
the owner, charterer, manager or operator of the ship or an agent of the owner, charterer, manager or operator of the ship shall, without delay, notify, in the prescribed manner, a prescribed officer of the incident and, if a prescribed officer is not so notified, each of those persons is guilty of an offence punishable, upon conviction, by a fine not exceeding $5,000.
"(4) In a prosecution of a person for an offence against sub-section (3) in relation to a prescribed incident in relation to a ship, it is a defence if the person proves—
     (a) that the person was not aware of the incident; or
     (b) in the case of a prescribed incident to which paragraph (3) (a) applies—that the person neither knew nor suspected that the master of the ship was unable to comply with sub-section (1) in relation to the incident.
"(5) Sub-section (4) shall not be taken to limit by implication any defence that would, but for that sub-section, be available to a person charged with an offence against sub-section (3).
"(6) A master of a ship who, pursuant