Document ID: chunk:federal_register_of_legislation:C2007A00024:clause:1_267zzf:p1
Version: federal_register_of_legislation:C2007A00024
Segment Type: clause
Provision Reference: sch 1 cl 267ZZF (pt 1/2)
Character Range: 17176–19721

267ZZF  Directions in relation to foreign ships

 (1) If the Authority considers that a foreign ship is not constructed in accordance with Annex VI, the Authority may give one or more of the following directions in relation to the ship:
 (a) that the ship not enter any port, or one or more specified ports, in Australia;
 (b) that the ship not use any off‑shore terminal, or one or more specified off‑shore terminals, in Australia;
 (c) that the ship comply with specified requirements while it is entering, is in or is leaving any port, or is in one or more specified ports, in Australia;
 (d) that the ship comply with specified requirements while it is approaching, using or leaving any off‑shore terminal, or one or more specified off‑shore terminals, in Australia.

 (2) A direction must:
 (a) be given by written notice addressed to the master or the owner of the ship; and
 (b) be served in accordance with the regulations.

 (3) A notice given under paragraph (2)(a) is not a legislative instrument.

 (4) For the purposes of subsection (1), it does not matter whether the ship is required by Annex VI to be constructed in accordance with that Annex.

 (5) The Authority may give a direction only to the extent that it appears to it necessary or expedient to do so to protect the environment.

 (6) If:
 (a) the master or owner of a ship is served with a notice under subsection (2); and
 (b) the master or owner does not comply with any direction contained in that notice;
the master and the owner each commit an offence.

Penalty: 100 penalty units.

 (7) An offence under subsection (6) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (8) If:
 (a) the master or owner of a ship is served with a notice under subsection (2); and
 (b) the master or owner does not comply with any direction contained in that notice; and
 (c) the master or owner is reckless as to whether there is a failure to comply with that direction;
the master and the owner each commit an offence.

Penalty: 500 penalty units.

 (9) In proceedings for an offence against subsection (6) or (8) in relation to a failure to comply with a direction, it is a defence if it is proved:
 (a) that the failure to comply with the direction resulted from the need to save life at sea or was due to an emergency involving a threat to a person's life; or
 (b) that compliance with the direction was not possible.

Note: A defendant bears a legal burden in relation to the matter in subsection (9) (see subsection 13.4 of