Document ID: chunk:federal_register_of_legislation:C2010C00802:section:267zq
Version: federal_register_of_legislation:C2010C00802
Segment Type: section
Provision Reference: s 267ZQ
Character Range: 21709–23748

267ZQ  Directions in relation to foreign ships
 (1) Subject to subsection (2), where the Minister is of the opinion that a foreign ship is not constructed in accordance with the provisions of Annex IV (whether or not the ship is required by Annex IV to be so constructed), the Minister may, by notice in writing addressed to the master or the owner of the ship and served in accordance with the regulations, direct;
 (a) that the ship shall not enter any port, or a specified port or specified ports, in Australia;
 (b) that the ship shall not use any off‑shore terminal, or a specified off‑shore terminal or specified off‑shore terminals, in Australia;
 (c) that the ship comply with specified requirements while it is entering, is in or is leaving any port, or a specified port or specified ports, in Australia; or
 (d) that the ship comply with specified requirements while it is approaching, is using or is leaving any off‑shore terminal, or a specified off‑shore terminal or specified off‑shore terminals, in Australia.
 (2) The Minister shall not exercise his or her powers under subsection (1) except to the extent that it appears to the Minister necessary or expedient to do so for the protection of the environment.
 (3) Nothing in this section shall be taken to prevent the issuing of more than one direction under subsection (1) in relation to a ship.
 (4) If a direction under subsection (1) is contravened in relation to a ship, the master and the owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding;
 (a) if the offender is a natural person:—$10,000; or
 (b) if the offender is a body corporate:—$50,000.
 (5) In proceedings for an offence against subsection (4) by reason of a contravention of a direction under subsection (1), it is a defence if it is proved;
 (a) that the contravention of the direction resulted from the need to save life at sea or was due to an emergency involving a threat to a person's life; or
 (b) that compliance with the direction was not possible.