Document ID: chunk:federal_register_of_legislation:C2019C00190:section:10:p1
Version: federal_register_of_legislation:C2019C00190
Segment Type: section
Provision Reference: s 10 (pt 1/4)
Character Range: 18499–21151

10  Taking of measures to prevent pollution of sea by oil or noxious substances—general powers
 (1) This section (other than subsections (3B) and (3C)) applies in relation to:
 (a) any ship in internal waters, where:
 (i) the ship is a ship in relation to which Australia has relevant international rights or obligations, whether arising under an international convention, treaty or otherwise; or
 (ii) the ship is engaged in trade or commerce between Australia and a place or places outside Australia; or
 (iii) the ship is engaged in trade or commerce between 2 places outside Australia; or
 (iv) the ship is engaged in trade or commerce among the States; or
 (v) the ship is engaged in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or
 (vi) the ship is engaged in operations incidental to trade or commerce referred to in subparagraph (ii), (iii), (iv) or (v); or
 (vii) the ship is owned, operated, managed or controlled by a constitutional corporation; or
 (viii) the ship is demised or sub‑demised to, or in the exclusive possession of, a constitutional corporation; or
 (ix) the beneficial interest in the ship is vested in a constitutional corporation; and
 (b) any ship in the Australian coastal sea; and
 (ba) any ship in the exclusive economic zone of Australia; and
 (c) any Australian ship on the high seas.
 (2) Where oil or a noxious substance is escaping, or has escaped, from a ship in relation to which this section applies, or the Authority is satisfied that oil or a noxious substance is likely to escape from such a ship, the Authority may, subject to subsection (4), take such measures as it considers necessary:
 (a) to prevent, or reduce the extent of, the pollution or likely pollution, by the oil or noxious substance, of any Australian waters, any part of the Australian coast or any Australian reef;
 (b) to prevent damage, or reduce the extent, or likely extent, of damage, to any of the related interests of Australia by reason of the pollution, or likely pollution, of the sea by the oil or noxious substance;
 (c) to protect any Australian waters, any part of the Australian coast or any Australian reef from pollution or likely pollution by the oil or noxious substance;
 (d) to protect any other related interests of Australia from damage by reason of the pollution, or likely pollution, of the sea by the oil or noxious substance; or
 (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