Document ID: chunk:federal_register_of_legislation:C2019C00190:section:10:p3
Version: federal_register_of_legislation:C2019C00190
Segment Type: section
Provision Reference: s 10 (pt 3/4)
Character Range: 23203–25920

to which the measures are taken;
 (b) in determining whether measures are in proportion to the damage in relation to which the measures are taken, regard shall be had to:
 (i) the extent and probability of imminent damage if the measures are not taken;
 (ii) the likelihood of those measures being effective; and
 (iii) the extent of the damage which may be caused by the measures;
 (c) measures taken under this section shall not exceed those reasonably necessary to achieve the end sought to be achieved by the measures and shall cease as soon as that end has been achieved;
 (d) measures taken under this section shall not unnecessarily interfere with the rights and interests of other countries, and of any persons, likely to be affected by the measures;
 (e) in taking measures under this section, any risk to human life shall, as far as possible, be avoided.
 (5) Where oil or a noxious substance is being, has been or is likely to be, discharged, intentionally or otherwise, from a ship, the discharge or likely discharge of the oil or noxious substance from the ship shall, for the purposes of this section, be deemed to be an escape or likely escape of the oil or noxious substance, as the case may be, from the ship.
 (6) A direction under this Act is taken to relate to a ship referred to in subsection (2) even if the direction was issued under subparagraph (3)(b)(iv).
 (8) In this section:
Australian coast includes the coast and the shores of any island forming part of Australia and the shores of any internal waters.
Australian reef means a reef in Australian waters or a reef outside Australian waters but forming part of the continental shelf of Australia.
Australian ship means:
 (a) a ship registered in Australia; or
 (b) an unregistered ship having Australian nationality.
Australian waters means the Australian coastal sea and internal waters.
noxious substance means a substance other than oil.
oil means crude oil, fuel oil, diesel oil and lubricating oil.
related interests of Australia, in relation to an escape or likely escape of oil or a noxious substance from a ship, means the interests of Australia directly affected or threatened by the escape or likely escape and, without limiting the generality of the foregoing, includes any of the following interests of Australia:
 (a) maritime coastal, port or estuarine activities, including fisheries activities, in or connected with Australia, being activities constituting an essential means of livelihood of persons;
 (b) the tourist attractions of any part of Australia; and
 (c) the health of the coastal population of, and the well‑being of, any area of Australia, including the conservation of living marine resources and of wildlife