Document ID: chunk:federal_register_of_legislation:C2007A00024:clause:1_26feo
Version: federal_register_of_legislation:C2007A00024
Segment Type: clause
Provision Reference: sch 1 cl 26FEO
Character Range: 30855–32334

26FEO  Bunker delivery note and sample must be provided

 (1) A person commits an offence if:
 (a) the person delivers fuel oil to a ship; and
 (b) the ship has a gross tonnage of 400 or more; and
 (c) the delivery happens while the ship is:
 (i) in the sea near a State, the Jervis Bay Territory or an external Territory and no law of that State or Territory gives effect to Regulation 18(1) of Annex VI in relation to that sea; or
 (ii) in the exclusive economic zone; and
 (d) the person does not provide to the master of the ship, in accordance with the regulations, a completed bunker delivery note in the approved form for the fuel oil delivered.

Penalty: 200 penalty units.

 (2) A person commits an offence if:
 (a) the person delivers fuel oil to a ship; and
 (b) the ship has a gross tonnage of 400 or more; and
 (c) the delivery happens while the ship is:
 (i) in the sea near a State, the Jervis Bay Territory or an external Territory and no law of that State or Territory gives effect to Regulation 18(1) of Annex VI in relation to that sea; or
 (ii) in the exclusive economic zone; and
 (d) the person does not provide to the master of the ship, in accordance with the regulations, a representative sample of the fuel oil that is sealed and signed in accordance with the regulations.

Penalty: 200 penalty units.

 (3) An offence against subsection (1) or (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.