Document ID: chunk:federal_register_of_legislation:C2004A04740:body:0:p7
Version: federal_register_of_legislation:C2004A04740
Segment Type: other
Provision Reference: 
Character Range: 15708–18580

section:

'Authority' means the Australian Maritime Safety Authority.".

Protection of the Sea (Prevention of Pollution from Ships) Act 1983

Subsection 3(1):

  Insert:

SCHEDULE 1—continued

" 'exclusive economic zone' means the exclusive economic zone, within the meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast of Australia or the coast of an external Territory;

'Law of the Sea Convention' means the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982;

'territorial sea' means the territorial sea of Australia;".

Section 6:

  Add at the end "and to the exclusive economic zone".

Subsection 9(1B):

  Add at the end "or in the exclusive economic zone".

Subsection 11(1B):

  Add at the end "or in the exclusive economic zone".

Subsection 21(1B):

  Add at the end "or in the exclusive economic zone".

Subsection 22(1B):

  Add at the end "or in the exclusive economic zone".

Subsection 26AB(4):

  Add at the end "or in the exclusive economic zone".

Subsection 26B(2):

  Add at the end "or in the exclusive economic zone".

Subsection 26F(4):

  Add at the end "or in the exclusive economic zone".

Before section 27:

  Insert in Part IV:

Power to require information

  "26G.(1) If:

     (a) a foreign ship is navigating in the territorial sea or the exclusive economic zone; and

     (b) there are clear grounds for believing that an act or omission that constitutes a contravention of this Act has occurred in relation to the ship while in the exclusive economic zone;

SCHEDULE 1—continued

the Authority may require the master of the ship to give to the Authority such of the information referred to in subsection (2) as the Authority requires.

  "(2) All or any of the following information may be required:

  (a) the ship's identity;

  (b) its port of registry;

  (c) its last port of call;

  (d) its next port of call;

     (e) such other relevant information required to establish whether the contravention occurred.".

After subsection 27(1):

  Insert:

"(1A) This section does not authorise the inspection of a foreign ship navigating in the exclusive economic zone if the inspection is in respect of an act or omission, or possible act or omission, in relation to the ship while in the exclusive economic zone unless:

    (a) there are clear grounds for believing that the act or omission was a substantial discharge or disposal causing or threatening to cause significant pollution of the marine environment; and

    (b) a requirement for information under section 26G has not been complied with, or information supplied purportedly in compliance with such a requirement is manifestly at variance with the evident factual situation.".

After section 27:

  Insert:

Detention of foreign ships in connection with pollution breaches

  "27A.(1) The Authority may detain a