Document ID: chunk:federal_register_of_legislation:C2007A00024:clause:1_26feq
Version: federal_register_of_legislation:C2007A00024
Segment Type: clause
Provision Reference: sch 1 cl 26FEQ
Character Range: 33376–35055

26FEQ  Bunker delivery note must be retained and available for inspection

 (1) A person commits an offence if:
 (a) the person delivers fuel oil to a ship; and
 (b) the person provides a bunker delivery note for the delivery; and
 (c) the person does not:
 (i) retain a copy of the bunker delivery note for at least 3 years after the fuel oil is delivered; and
 (ii) have that copy readily available for inspection by an inspector at all reasonable times.

Penalty: 200 penalty units.

 (2) The master and the owner of an Australian ship each commit an offence if:
 (a) fuel oil is delivered to the ship; and
 (b) the ship has a gross tonnage of 400 or more; and
 (c) a bunker delivery note for the delivery of fuel oil to the ship is provided to the master of the ship; and
 (d) the bunker delivery note is not:
 (i) retained in the ship for 3 years after the delivery; and
 (ii) readily available for inspection at all reasonable times.

Penalty: 200 penalty units.

 (3) The master and the owner of a foreign ship each commit an offence if:
 (a) fuel oil is delivered to the ship; and
 (b) the ship has a gross tonnage of 400 or more; and
 (c) a bunker delivery note for the delivery of fuel oil to the ship is provided to the master of the ship; and
 (d) the bunker delivery note is not:
 (i) retained in the ship for 3 years after the delivery; and
 (ii) readily available for inspection at all reasonable times while the ship is in an Australian port or an Australian offshore terminal.

Penalty: 200 penalty units.

 (4) An offence against subsection (1), (2) or (3) is an offence of strict liability.

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