Document ID: chunk:federal_register_of_legislation:C2024C00540:section:11c
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 11C
Character Range: 42417–44028

11C  Transfer of oil cargo between oil tankers in Australian waters—qualified person to be in control
 (1) A person commits an offence if:
 (a) an oil tanker (the subject oil tanker) has a gross tonnage of 150 or more; and
 (b) 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
 (c) 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 the area of the sea where the transfer occurs;
 (ia) the transfer occurs while the subject oil tanker is in the outer territorial sea;
 (ii) the transfer occurs while the subject oil tanker is in the exclusive economic zone; and
 (d) the person has overall advisory control of the transfer; and
 (e) the person is not the master of either oil tanker; and
 (f) the person does not satisfy the qualification requirements prescribed by the regulations.
Penalty: 60 penalty units.

Strict liability offence
 (2) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

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.