Document ID: chunk:federal_register_of_legislation:C2004A00925:clause:3_86
Version: federal_register_of_legislation:C2004A00925
Segment Type: clause
Provision Reference: sch 3 cl 86
Character Range: 59239–60445

86  Subsections 26BC(1) and (2)
Repeal the subsections, substitute:

 (1) If:
 (a) a person engages in conduct that causes a discharge of untreated sewage from a ship (other than a ship certified to carry not more than 10 persons) into the sea in the Antarctic Area; and
 (b) the person is reckless or negligent as to causing the discharge by that conduct; and
 (c) where the discharge does not occur in the sea near the Australian Antarctic Territory—the ship is an Australian ship;
the person commits an offence punishable, on conviction, by a fine not exceeding 2,000 penalty units.

 (2) In subsection (1):

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

 (2A) Subject to subsections (3) and (4), if:
 (a) untreated sewage is discharged from a ship (other than a ship certified to carry not more than 10 persons) into the sea in the Antarctic Area; and
 (b) where the discharge does not occur in the sea near the Australian Antarctic Territory—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.

 (2B) An offence against subsection (2A) is an offence of strict liability.