Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p9
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 9/13)
Character Range: 184356–187102

incident.
"(5) Sub-section (4) shall not be taken to limit by implication any defence that would, but for that sub-section, be available to a person charged with an offence against sub-section (3).
"(6) A master of a ship who, pursuant to sub-section (1), has notified a prescribed officer of the occurrence of a prescribed incident shall, if so requested by a prescribed officer,

SCHEDULE 1—continued

furnish, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form.
Penalty: $5,000.
"(7) Where sub-section (3) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that sub-section, has notified a prescribed officer of the occurrence of the prescribed incident shall, if so requested by a prescribed officer, furnish, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form.
Penalty: $5,000.
"(8) A person shall not, in a notice given to a prescribed officer pursuant to sub-section (1) or (3) or in a report furnished to a prescribed officer pursuant to sub-section (6) or (7), make a statement that is false or misleading in a material particular.
Penalty: $5,000.
"(9) A notice given to a prescribed officer pursuant to sub-section (1) or (3), and a report furnished to a prescribed officer pursuant to sub-section (6) or (7), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against sub-section 21 (1).
"(10) In this section—
     'liquid substance' does not include a substance listed in Appendix III to Annex II;
     'prescribed incident', in relation to a ship, means—
          (a) a discharge from the ship of a liquid substance, or a mixture containing a liquid substance, carried as cargo or part cargo in bulk, not being a discharge to which sub-section 21 (4), (5), (6), (7), (8), (9), (10), (11) or (12) applies; or
          (b) an incident involving the probability of a discharge from the ship of a liquid substance, or a mixture containing a liquid substance, carried as cargo or part cargo in bulk, not being a discharge to which sub-section 21 (4), (5), (6), (7), (8), (9), (10), (11) or (12) would apply,
but does not include a discharge or other incident that occurs in—
         (c) the territorial sea of Australia; or
         (d) the sea on the landward side of the territorial sea of Australia.".

Sub-section 23 (2)—
Omit "Australian".

Sub-sections 23 (4) and (5)—
Omit "an Australian ship", substitute "a ship".

Sub-section 23 (8)—
Omit the sub-section, substitute the following sub-section:
"(8) Where a page of a ship's cargo record book is completed, the master