Document ID: chunk:federal_register_of_legislation:C2024C00540:section:21:p1
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 21 (pt 1/6)
Character Range: 63436–66016

21  Prohibition of discharge of substances into the sea

Ordinary offence
 (1) If:
 (a) a person engages in conduct that causes a discharge of a liquid substance, or of a mixture containing a liquid substance, being a substance or mixture carried as cargo or part cargo in bulk, from a ship into the sea; and
 (b) the person is reckless or negligent as to causing the discharge by that conduct; and
 (c) one of the following subparagraphs applies:
 (i) the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to regulations 3, 6 and 13 of Annex II to the Convention in relation to the area of the sea where the discharge occurs;
 (ia) the discharge occurs into the outer territorial sea;
 (ii) the discharge occurs into the sea in the exclusive economic zone;
 (iii) the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;
the person commits an offence punishable, on conviction, by a fine not exceeding 2,000 penalty units.

Strict liability offence
 (1B) Subject to subsections (2) and (4) to (11), if:
 (a) a liquid substance, or a mixture containing a liquid substance, being a substance or mixture carried as cargo or part cargo in bulk is discharged from a ship into the sea; and
 (b) one of the following subparagraphs applies:
 (i) the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to regulations 3, 6 and 13 of Annex II to the Convention in relation to the area of the sea where the discharge occurs;
 (ia) the discharge occurs into the outer territorial sea;
 (ii) the discharge occurs into the sea in the exclusive economic zone;
 (iii) the discharge occurs into the sea beyond the exclusive economic zone and 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.
 (1C) An offence against subsection (1B) is an offence of strict liability.

Exception for emergencies
 (2) Subsection (1B) does not apply to the discharge of a liquid substance or a mixture from a ship:
 (c) for the purpose of securing the safety of a ship or saving life at sea;
 (d) if the substance or the mixture, as the case may be, escaped from the ship in consequence of non‑intentional damage to the ship or its equipment, and all reasonable precautions were taken after the occurrence