Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p7
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 7/13)
Character Range: 179482–182157

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 to sub-section (1), has notified a prescribed officer of the occurrence of a prescribed incident shall, if so requested by a prescribed officer, furnish, with. he prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form.
Penalty: $5,000.
"(7) Where sub-section (3) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that sub-section, has notified a prescribed officer of the occurrence of the prescribed incident shall, if so requested by a prescribed officer, furnish, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form.
Penalty: $5,000.
"(8) A person shall not, in a notice given to a prescribed officer pursuant to sub-section (1) or (3) or in a report furnished to a prescribed officer pursuant to sub-section (6) or (7), make a statement that is false or misleading in a material particular.
Penalty: $5,000.
"(9) A notice given to a prescribed officer pursuant to sub-section (1) or (3), and a report furnished to a prescribed officer pursuant to sub-section (6) or (7), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against sub-section 9 (1).
"(10) In this section, 'prescribed incident', in relation to a ship, means—
     (a) a discharge from the ship of oil or an oily mixture, not being a discharge to which sub-section 9 (4) applies; or
     (b) an incident involving the probability of a discharge from the ship of oil or an oily mixture, not being a discharge to which sub-section 9 (4) would apply,
     but does not include a discharge or other incident that occurs in—
     (c) the territorial sea of Australia; or
     (d) the sea on the landward side of the territorial sea of Australia.".

Sub-sections 12 (1), (2) and (3)—
Omit the sub-sections, substitute the following sub-sections:
"(1) This section applies to an Australian ship that—
     (a) is an oil tanker; or
     (b) has a gross tonnage of 400 or more and is not an oil tanker.
"(2) Every ship to which this section applies shall carry such oil record books as are 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