Document ID: chunk:federal_register_of_legislation:C2024C00540:section:26ab:p1
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 26AB (pt 1/2)
Character Range: 92770–95390

26AB  Prohibition of discharge by jettisoning of harmful substances into the sea
 (1) If:
 (a) a person engages in conduct that causes a harmful substance, being a substance carried as cargo in packaged form, to be jettisoned from a ship into the sea; and
 (b) the person is reckless or negligent as to causing the jettisoning by that conduct; and
 (c) one of the following subparagraphs applies:
 (i) the jettisoning occurs into 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 7 of Annex III to the Convention in relation to the area of the sea where the jettisoning occurs;
 (ia) the jettisoning occurs into the outer territorial sea;
 (ii) the jettisoning occurs into the sea in the exclusive economic zone;
 (iii) the jettisoning occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;
the person commits an offence punishable, on conviction, by a fine not exceeding 2,000 penalty units.
 (3) Subject to subsections (5) and (6), if:
 (a) a harmful substance, being a substance carried as cargo in packaged form, is jettisoned from a ship into the sea; and
 (b) one of the following subparagraphs applies:
 (i) the jettisoning occurs into 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 7 of Annex III to the Convention in relation to the area of the sea where the jettisoning occurs;
 (ia) the jettisoning occurs into the outer territorial sea;
 (ii) the jettisoning occurs into the sea in the exclusive economic zone;
 (iii) the jettisoning occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;
the master and the owner of the ship each commit an offence punishable, on conviction, by a fine not exceeding 500 penalty units.
 (4) An offence against subsection (3) is an offence of strict liability.
 (5) Subsection (3) does not apply to the jettisoning of a harmful substance from a ship for the purpose of securing the safety of the ship or saving life at sea.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.
 (6) Where a harmful substance referred to in subsection (3) is discharged from a ship into the sea because of a leakage of the substance, the substance shall, for the purposes of this section, be taken to have been jettisoned, but that subsection does not apply to the discharge if:
 (a) the substance was