Document ID: chunk:federal_register_of_legislation:C2024C00540:section:11:p1
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 11 (pt 1/3)
Character Range: 32369–35008

11  Duty to report certain incidents involving oil or oily mixture
 (1) Where a prescribed incident occurs in relation to a ship, the master of the ship shall, without delay, notify, in the prescribed manner:
 (a) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred—a prescribed officer; or
 (b) where a foreign country is the nearest coastal State to that place—the government of that foreign country;
of the incident.
Penalty: 500 penalty units.
 (2) Subsection (1) does not apply in relation to a prescribed incident in relation to a ship if the master of the ship was unable to comply with the subsection in relation to the incident.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
 (3) Where a prescribed incident occurs in relation to a ship and:
 (a) the master of the ship fails to comply with subsection (1) (whether or not the master is able to comply with that subsection) 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:
 (c) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred—a prescribed officer; or
 (d) where a foreign country is the nearest coastal State to that place—the government of that foreign country;
of the incident, and, if a prescribed officer or a government, as the case may be, is not so notified, each of those persons commits an offence punishable, upon conviction, by a fine not exceeding 500 penalty units.
 (3A) An offence under subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) Subsection (3) does not apply to a person in relation to a prescribed incident in relation to a ship if:
 (a) the person was not aware of the incident; or
 (b) in the case of a prescribed incident to which paragraph (3)(a) applies—the person neither knew nor suspected that the master of the ship had not complied with subsection (1) in relation to the incident.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.
 (5) Subsection (4) shall not be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (3).
 (6) A master of a ship who,