Document ID: chunk:federal_register_of_legislation:C2024C00540:section:26feo
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 26FEO
Character Range: 166040–168286

26FEO  Bunker delivery note and sample must be provided
 (1) A person commits an offence if:
 (a) the person supplies fuel oil (other than gas fuel) to a ship; and
 (b) the ship has a gross tonnage of 400 or more; and
 (c) the supply 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 paragraph 3 of Regulation 18 of Annex VI in relation to the area of the sea where the supply happens; or
 (ia) in the outer territorial sea; or
 (ii) in the exclusive economic zone; and
 (d) the person does not provide to the master of the ship a completed bunker delivery note for the fuel oil supplied that meets the requirements of subsection (1A).
Penalty: 200 penalty units.
 (1A) For the purposes of paragraph (1)(d), the bunker delivery note must:
 (a) be provided in the approved form; and
 (b) contain a declaration that:
 (i) certifies that the fuel oil supplied meets the requirements set out in Annex VI; and
 (ii) is signed by the person responsible for the final blend of the components of the fuel oil supplied, or by that person's representative; and
 (c) if the regulations prescribe, for the purposes of this paragraph, requirements in relation to providing the bunker delivery note—be provided in accordance with those requirements.
 (2) A person commits an offence if:
 (a) the person supplies fuel oil (other than gas fuel) to a ship; and
 (b) the ship has a gross tonnage of 400 or more; and
 (c) the supply 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 paragraph 3 of Regulation 18 of Annex VI in relation to the area of the sea where the supply happens; or
 (ia) in the outer territorial 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.