Document ID: chunk:federal_register_of_legislation:C2019C00190:section:10:p2
Version: federal_register_of_legislation:C2019C00190
Segment Type: section
Provision Reference: s 10 (pt 2/4)
Character Range: 20919–23431

(e) in a case where the oil or noxious substance has escaped—to remove or reduce the effects, or likely effects, of pollution or likely pollution, by the oil or noxious substance, on any Australian waters, any part of the Australian coast, any Australian reef or any of the related interests of Australia.
 (3) Without limiting the generality of subsection (2), the measures that the Authority may take under this section in relation to the ship include:
 (a) the taking of action, whether or not directions have been issued under paragraph (b) in relation to the ship:
 (i) to move the ship or part of the ship to another place;
 (ii) to remove cargo from the ship;
 (iii) to salvage the ship, part of the ship or any of the ship's cargo;
 (iv) to sink or destroy the ship or part of the ship;
 (v) to sink, destroy or discharge into the sea any of the ship's cargo; or
 (vi) to take over control of the ship or part of the ship; or
 (b) the issuing of directions of the kind authorized by section 11:
 (i) to the owner of the ship;
 (ii) to the master of the ship; or
 (iii) to any salvor in possession of the ship; or
 (iv) to any other person.
 (3A) The Authority must not exercise its powers under subparagraph (3)(a)(iv) without the approval of the Minister.
 (3B) Without limiting subparagraph (3)(b)(iv), a direction under that subparagraph may be issued to:
 (a) the owner of any other ship; or
 (b) the master of any other ship; or
 (c) the owner of a tangible asset; or
 (d) the controller of a tangible asset; or
 (e) the supplier of goods; or
 (f) a person to whom goods are being, or are proposed to be, supplied; or
 (g) the supplier of a service; or
 (h) a person to whom a service is being, or is proposed to be, supplied.
 (3C) The Authority must not issue a direction under subparagraph (3)(b)(iv) to the owner or master of another ship unless the other ship is:
 (a) in internal waters; or
 (b) in the Australian coastal sea; or
 (c) in the exclusive economic zone of Australia; or
 (d) an Australian ship.
 (4) The Minister and the Authority shall, in the exercise of powers under this section, act in accordance with the following principles:
 (a) measures taken under this section shall be in proportion to the damage, whether actual or threatened, in relation 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