Document ID: chunk:federal_register_of_legislation:C2024C00540:section:26d:p2
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 26D (pt 2/4)
Character Range: 114705–117306

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 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.
 (5) Subsection (3) does not apply to the discharge of sewage from a ship:
 (a) for the purpose of securing the safety of a ship and persons on board the ship or of saving life at sea; or
 (b) in a case where the sewage escaped from the ship in consequence of damage to the ship or its equipment and all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the sewage.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.
 (5A) For the purposes of this section, damage to a ship or to its equipment does not include:
 (a) deterioration resulting from failure to maintain the ship or equipment; or
 (b) defects that develop during the normal operation of the ship or equipment.
 (6) Without limiting the generality of subsection (5), subsection (3) does not apply to the discharge of sewage from a ship if the following conditions are satisfied:
 (a) where the sewage has been comminuted and disinfected using a system approved in accordance with the regulations giving effect to paragraph 1.2 of Regulation 9 of Annex IV to the Convention—the discharge is made when the ship is at a distance of not less than 3 nautical miles from the nearest land;
 (b) where the sewage is not sewage referred to in paragraph (a)—the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land;
 (c) where the sewage has been stored in holding tanks, or originates from spaces containing living animals—the sewage is not discharged instantaneously but is discharged at a prescribed rate when the ship is proceeding en route at a speed of not less than 4 knots;
 (d) if the ship is a prescribed passenger ship and the discharge occurs when the ship is within a special area—the discharge occurs before a prescribed day.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.
 (7) Without limiting the