Document ID: chunk:federal_register_of_legislation:C2010C00802:section:26b:p1
Version: federal_register_of_legislation:C2010C00802
Segment Type: section
Provision Reference: s 26B (pt 1/3)
Character Range: 35974–38569

26B  Duty to report certain incidents involving harmful substances
 (1) This section does not apply in relation to prescribed incidents that occur in the sea near a State, the Jervis Bay Territory or an external Territory to the extent that a law of that State or Territory makes provision giving effect to Protocol I to the Convention in relation to those prescribed incidents.
 (2) This section does not apply in relation to a prescribed incident that occurs in relation to a foreign ship unless the incident occurs in the sea near a State, the Jervis Bay Territory or an external Territory.
 (3) Where a prescribed incident occurs in relation to a ship, the master of the ship shall, without delay, notify, in the prescribed manner;
 (a) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred; a prescribed officer; or
 (b) where a foreign country is the nearest coastal State to that place; the government of that foreign country,
of the incident.
Penalty: $5,000.
 (4) In a prosecution of a person for an offence against subsection (3) in relation to a prescribed incident, it is a defence if the person proves that the person was unable to comply with the subsection in relation to the incident.
 (5) Where a prescribed incident occurs in relation to a ship and;
 (a) the master of the ship is unable to comply with subsection (3) in relation to the incident; or
 (b) the incident occurs in circumstances in which the ship is abandoned,
the owner, charterer, manager or operator of the ship or an agent of the owner, charterer, manager or operator of the ship shall, without delay, notify, in the prescribed manner;
 (c) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred; a prescribed officer; or
 (d) where a foreign country is the nearest coastal State to that place; the government of that foreign country,
of the incident, and, if a prescribed officer or a government, as the case may be, is not so notified, each of those persons is guilty of an offence punishable, upon conviction, by a fine not exceeding;
 (e) in the case of a person, not being a body corporate—$5,000; or
 (f) in the case of a person, being a body corporate—$25,000.
 (6) In a prosecution of a person for an offence against subsection (5) in relation to a prescribed incident in relation to a ship, it is a defence if the person proves;
 (a) that the person was not aware of the incident; or
 (b) in the case of a prescribed incident to which paragraph (5)(a) applies‑that the person neither knew