Document ID: chunk:federal_register_of_legislation:C2024C00540:section:11a
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 11A
Character Range: 38154–40460

11A  Shipboard oil pollution emergency plan
 (1) This section applies to:
 (a) an Australian ship (whether an oil tanker or not) that has a gross tonnage of 400 or more; and
 (b) an Australian ship that is an oil tanker with a gross tonnage of less than 400 but not less than 150.
 (2) In this section:
prescribed incident, in relation to a ship, has the same meaning as in section 11.
 (3) There must be kept on board a ship to which this section applies a shipboard oil pollution emergency plan written in the working language of the master of, and the officers on board, the ship.
 (4) A shipboard oil pollution emergency plan must be in accordance with the prescribed form and set out the following particulars:
 (a) the procedure to be followed by the master, or any other person having charge, of the ship in notifying a prescribed incident in relation to the ship;
 (b) a list of the authorities or persons that are to be notified by persons on the ship if a prescribed incident occurs in relation to the ship;
 (c) a detailed description of the action to be taken, immediately after a prescribed incident, by persons on board the ship to reduce or control any discharge from the ship resulting from the incident;
 (d) the procedures to be followed for co‑ordinating with the authorities or persons that have been contacted (whether in Australia or in a country near to the place where the incident occurred) any action taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made.
 (5) The procedure referred to in paragraph (4)(a) must be in accordance with the regulations prescribing, for the purposes of subsection 11(1), the manner in which a prescribed incident is to be notified.
 (6) Subsection (4) does not prevent other relevant particulars from being included in the shipboard oil pollution emergency plan.
 (7) If a ship to which this section applies does not have on board a shipboard oil pollution emergency plan, the master of the ship and the owner of the ship each commit an offence punishable on conviction by a fine not exceeding 500 penalty units.
 (8) An offence under subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.