Document ID: chunk:federal_register_of_legislation:C2004A04740:body:0:p9
Version: federal_register_of_legislation:C2004A04740
Segment Type: other
Provision Reference: 
Character Range: 20758–23513

of all penalties, other amounts of money, costs and expenses that could be payable by the master and owner of the ship in respect of the pollution breach.

  "(5) The master and owner of the ship are guilty of an offence if:

  (a) the ship was detained at a port and leaves the port; or

     (b) the ship was detained in the territorial sea and leaves the outer limits of the territorial sea; or

     (c) the ship was detained in the exclusive economic zone and leaves the outer limits of the exclusive economic zone;

before it is released from detention.

Penalty: 2,000 penalty units.

SCHEDULE 1—continued

  "(6) In this section:

'Australia' includes all the external Territories;

'pollution breach' means a discharge or disposal from a ship:

  (a) in contravention of this Act; or

     (b) that gives rise to a right of recovery by the Authority under Part IVA of the Protection of the Sea (Civil Liability) Act 1981;

'port' means a port in Australia, and is taken to include an off-shore installation over which Australia has jurisdiction.

Notification of measures taken in relation to foreign ships

"27B. The Authority must comply with the requirements of article 231 of the Law of the Sea Convention in relation to any measures taken, under this Act or Part IVA of the Protection of the Sea (Civil Liability) Act 1981, in relation to a foreign ship.

Failure to comply with requirements for information under foreign laws

"27C. The master and owner of an Australian ship are guilty of an offence if:

     (a) a requirement to give information is made, in relation to the ship, under a law of a foreign country in circumstances in which paragraph 3 of article 220 of the Law of the Sea Convention permits such a requirement to be made; and

  (b) the requirement is not complied with.

Penalty: 500 penalty units.".

Section 29:

  Omit the section, substitute:

Time limits for prosecution

"29.(1) Subject to subsection (2), a prosecution for an offence against this Act may be brought at any time.

"(2) If the prosecution relates to an act or omission that involves a foreign ship:

     (a) the prosecution must not be brought more than 3 years after the act or omission; and

     (b) the prosecution must be suspended if under paragraph 1 of article 228 of the Law of the Sea Convention the prosecution is required to be suspended, and must be terminated if under that paragraph the prosecution is required to be terminated.".

SCHEDULE 1—continued

Telecommunications Act 1991

Subsection 288(6):

  After "include the" insert "prescribed".

                         SCHEDULE 2 Subsection 3(2)

AMENDMENTS OF THE AUSTRALIAN AND OVERSEAS
TELECOMMUNICATIONS ACT 1991 TO REPLACE REFERENCES
TO "AOTC" WITH "TELSTRA"

Each of the