Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p6
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 6/13)
Character Range: 177075–179710

not an oil tanker of oil or an oily mixture if—
         (i) the oil content of the effluent without dilution is less than 15 parts in 1,000,000 parts; or
         (ii) the following conditions are satisfied:
             (a) the ship is proceeding en route;
             (b) the oil content of the effluent is less than 100 parts in 1,000,000 parts;
             (c) the discharge is made as far as practicable from land and is not less than 12 nautical miles from the nearest land;
     (j) the discharge, not being a discharge within a special area, from a ship that has a gross tonnage of less than 400 and is not an oil tanker of oil or an oily mixture; or
     (k) the discharge from a ship of clean or segregated ballast.".

Section 11—
Repeal the section, substitute the following section:

Duty to report certain incidents involving oil or an oily mixture
"11. (1) Where a prescribed incident occurs in relation to an Australian ship, the master of the ship shall, without delay, notify, in the prescribed manner, a prescribed officer of the incident.
Penalty: $5,000.
"(2) In a prosecution of a person for an offence against sub-section (1) in relation to a prescribed incident, it is a defence if the person proves that the person was unable to comply with the sub-section in relation to the incident.
"(3) Where a prescribed incident occurs in relation to an Australian ship and—
     (a) the master of the ship is unable to comply with sub-section (1) in relation to the incident; or
     (b) the incident occurs in circumstances in which the ship is abandoned,
the owner, charterer, manager or operator of the ship or an agent of the owner, charterer, manager or operator of the ship shall, without delay, notify, in the prescribed manner, a prescribed officer of the incident and, if a prescribed officer is not so notified, each of those persons is guilty of an offence punishable, upon conviction, by a fine not exceeding $5,000.

SCHEDULE 1—continued

"(4) In a prosecution of a person for an offence against sub-section (3) in relation to a prescribed incident in relation to a ship, it is a defence if the person proves—
     (a) that the person was not aware of the incident; or
     (b) in the case of a prescribed incident to which paragraph (3) (a) applies—that the person neither knew nor suspected that the master of the ship was unable to comply with sub-section (1) in relation to the incident.
"(5) Sub-section (4) shall not be taken to limit by implication any defence that would, but for that sub-section, be available to a person charged with an offence against sub-section (3).
"(6) A master of a ship