Document ID: chunk:federal_register_of_legislation:C2024C00540:section:11:p2
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 11 (pt 2/3)
Character Range: 34780–37408

Criminal Code.
 (5) Subsection (4) shall not be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (3).
 (6) A master of a ship who, pursuant to subsection (1), has notified a prescribed officer or a government of the occurrence of a prescribed incident shall, if so requested by a prescribed officer or that government, as the case may be, furnish, within the prescribed time, a report to a prescribed officer or that government, as the case may be, in relation to the incident in accordance with the prescribed form.
Penalty: 200 penalty units.
 (7) Where subsection (3) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that subsection, has notified a prescribed officer or a government of the occurrence of the prescribed incident shall, if so requested by a prescribed officer or that government, as the case may be, furnish, within the prescribed time, a report to a prescribed officer or that government, as the case may be, in relation to the incident in accordance with the prescribed form.
Penalty: 200 penalty units.
 (8) A person shall not, in a notice given to a prescribed officer or a government pursuant to subsection (1) or (3) or in a report furnished to a prescribed officer or a government pursuant to subsection (6) or (7), make a statement that is false or misleading in a material particular.
Penalty: 200 penalty units.
 (9) This section does not apply in relation to a prescribed incident, in relation to a ship, that occurs in the sea near a State, the Jervis Bay Territory or an external Territory to the extent that a law of that State or Territory makes provision giving effect to Protocol I to the Convention in relation to that prescribed incident.
Note: A defendant bears an evidential burden in relation to the matter in subsection (9): see subsection 13.3(3) of the Criminal Code.
 (9A) This section does not apply in relation to a prescribed incident that occurs in relation to a foreign ship if the incident occurs outside the following:
 (a) the sea near a State;
 (b) the sea near the Jervis Bay Territory;
 (c) the sea near an external Territory;
 (d) the outer territorial sea;
 (e) the exclusive economic zone.
Note: A defendant bears an evidential burden in relation to the matter in subsection (9A): see subsection 13.3(3) of the Criminal Code.
 (10) In this section:
prescribed incident, in relation to a ship, means:
 (a) an incident involving a discharge from the ship of oil or an oily mixture, not being a discharge to which subsection 9(4)