Document ID: chunk:federal_register_of_legislation:F2022L01550:reg:2:p9
Version: federal_register_of_legislation:F2022L01550
Segment Type: reg
Provision Reference: reg 2 (pt 9/16)
Character Range: 37468–40126

a regulated Australian vessel;
(b) a recreational vessel with Australian nationality that is ≥24 m long, in accordance with the meaning of length in Annex I, if the vessel is:
 (i) ≥500 GT; or
 (ii) constructed after 31 December 2020.
       (2) A person commits an offence if:
(a) the person is the master of a vessel to which this section applies; and
(b) the person does not ensure that a record required for the vessel under paragraph 5.3 of regulation 13 of Annex VI is entered in:
 (i) the official logbook; or
 (ii) an electronic record book.
Penalty: 50 penalty units
       (3) An offence against subsection (2) is a strict liability offence.
       (4) A person is liable to a civil penalty if the person contravenes subsection (2).
Civil penalty:  50 penalty units.
Division 8 Incineration on board vessels

43 Restrictions on incineration on board vessels
       (1) A person commits an offence if:
(a) the person incinerates any matter on board a vessel; and
(b) the incinerator is one to which regulation 16 of Annex VI applies; and
(c) the person incinerates the matter in a circumstance or a way that is prohibited by regulation 16 of Annex VI; and
(d) the incinerator is not excluded by AMSA from the application of paragraph 6.1 of regulation 16 of Annex VI.
Penalty: 50 penalty units.
Note   The Unified Interpretation of paragraph 9 of regulation 16 of Annex VI provides that sludge oil generated during the normal operation of a ship should not be regarded as waste for regulation 16 and can be fed into the unit when the required preheat temperature of 650°C in the combustion chamber is reached.
       (2) A person commits an offence if:
(a) the person incinerates any matter in an incinerator on board a vessel; and
(b) the incinerator is one to which regulation 16 of Annex VI applies; and
(c) the incinerator does not comply with regulation 16 of Annex VI; and
(d) the incinerator is not excluded by AMSA from the application of paragraph 6.1 of regulation 16 of Annex VI.
Penalty: 50 penalty units.
       (3) An offence against subsection (1) or (2) is a strict liability offence.
       (4) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 50 penalty units.

44 Exclusion of incinerator from Annex VI requirements
       (1) The owner of a vessel on which an incinerator is installed may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for exclusion of the incinerator from the application of paragraph 6.1 of regulation 16 of Annex VI.
       (2) AMSA may allow exclusion from the application of paragraph 6.1 of regulation