Document ID: chunk:federal_register_of_legislation:C2011A00090:clause:1_11b
Version: federal_register_of_legislation:C2011A00090
Segment Type: clause
Provision Reference: sch 1 cl 11B
Character Range: 1264–3096

11B  Transfer of oil cargo between oil tankers—transfer to be in accordance with ship‑to‑ship operations plan
 (1) A person commits an offence if:
 (a) the person is the master of an oil tanker (the subject oil tanker); and
 (b) the subject oil tanker has a gross tonnage of 150 or more; and
 (c) the subject oil tanker is engaged in the transfer of oil cargo with another oil tanker that has a gross tonnage of 150 or more; and
 (d) one of the following subparagraphs applies:
 (i) the transfer occurs while the subject oil tanker is in the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulation 41 of Annex I to the Convention in relation to that sea;
 (ii) the transfer occurs while the subject oil tanker is in the exclusive economic zone;
 (iii) the transfer occurs while the subject oil tanker is beyond the exclusive economic zone and the subject oil tanker is an Australian ship; and
 (e) the transfer is not in accordance with the subject oil tanker's ship‑to‑ship operations plan.
Penalty: 200 penalty units.
 (2) For the purposes of this section, a ship‑to‑ship operations plan for an oil tanker is:
 (a) if the oil tanker is an Australian ship—a plan:
 (i) that is in accordance with the appropriate prescribed form; and
 (ii) that is written in the working language of the master of, and the officers on board, the oil tanker; or
 (b) otherwise—a plan referred to in paragraph 1 of Regulation 41 of Annex I to the Convention.

Exception
 (3) Subsection (1) does not apply if the transfer is described in paragraph 2, 3, 4 or 5 of Regulation 40 of Annex I to the Convention.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.