Document ID: chunk:federal_register_of_legislation:C2024C00540:section:11f:p1
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 11F (pt 1/2)
Character Range: 47247–49833

11F  Transfer of oil cargo between oil tankers in Australian waters—notification of transfer

Main offence
 (1) A person commits an offence if:
 (a) the person is the master of an oil tanker (the subject oil tanker); and
 (b) the subject oil tanker has a gross tonnage of 150 or more; and
 (c) the subject oil tanker is engaged in the transfer of oil cargo with another oil tanker that has a gross tonnage of 150 or more; and
 (d) one of the following subparagraphs applies:
 (i) the transfer occurs while the subject oil tanker is in the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulation 42 of Annex I to the Convention in relation to the area of the sea where the transfer occurs;
 (ia) the transfer occurs while the subject oil tanker is in the outer territorial sea;
 (ii) the transfer occurs while the subject oil tanker is in the exclusive economic zone; and
 (e) if the ship‑to‑ship transfer information was available to the person at least 48 hours before the transfer began—either or both of the following subparagraphs apply:
 (i) the person did not notify a prescribed officer, in the manner prescribed by the regulations, of the transfer at least 48 hours before the transfer began;
 (ii) the person did not notify a prescribed officer, in the manner prescribed by the regulations, of that information at least 48 hours before the transfer began; and
 (f) if the ship‑to‑ship transfer information was not available to the person at least 48 hours before the transfer began—either or both of the following subparagraphs apply:
 (i) the person did not notify a prescribed officer, in the manner prescribed by the regulations, of the transfer at least 48 hours before the transfer began;
 (ii) the person did not notify a prescribed officer, in the manner prescribed by the regulations, of that information before the transfer began.
Penalty: 200 penalty units.

Offence—failure to notify change of arrival time
 (2) A person commits an offence if:
 (a) the person is the master of an oil tanker (the subject oil tanker); and
 (b) the subject oil tanker has a gross tonnage of 150 or more; and
 (c) the subject oil tanker is engaged in the transfer of oil cargo with another oil tanker that has a gross tonnage of 150 or more; and
 (d) one of the following subparagraphs applies:
 (i) the transfer occurs while the subject oil tanker is in the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that