Document ID: chunk:federal_register_of_legislation:C2004A00925:clause:3_5
Version: federal_register_of_legislation:C2004A00925
Segment Type: clause
Provision Reference: sch 3 cl 5
Character Range: 36289–38070

5  Subsections 9(1), (1A) and (1B)
Repeal the subsections, substitute:

 (1) If:
 (a) a person engages in conduct that causes a discharge of oil or of an oily mixture from a ship into the sea; and
 (b) the person is reckless or negligent as to causing the discharge by that conduct; and
 (c) either of the following applies:
 (i) where the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory—there is no law of that State or Territory that makes provision giving effect to Regulations 9 and 11 of Annex I to the Convention in relation to that sea;
 (ii) where the discharge does not occur into the sea near a State, the Jervis Bay Territory or an external Territory or in the exclusive economic zone—the ship is an Australian ship;
the person commits an offence punishable, on conviction, by a fine not exceeding 2,000 penalty units.

 (1A) In subsection (1):

engage in conduct has the same meaning as in the Criminal Code.

 (1B) Subject to subsections (2) and (4), if:
 (a) oil or an oily mixture is discharged from a ship into the sea; and
 (b) either of the following applies:
 (i) where the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory—there is no law of that State or Territory that makes provision giving effect to Regulations 9 and 11 of Annex I to the Convention in relation to that sea;
 (ii) where the discharge does not occur into the sea near a State, the Jervis Bay Territory or an external Territory or in the exclusive economic zone—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.

 (1C) An offence against subsection (1B) is an offence of strict liability.