Document ID: chunk:federal_register_of_legislation:C2010C00802:section:26ab
Version: federal_register_of_legislation:C2010C00802
Segment Type: section
Provision Reference: s 26AB
Character Range: 41716–44050

26AB  Prohibition of discharge by jettisoning of harmful substances into the sea
 (1) Subject to subsections (2), (3), (4), (5) and (6), if any discharge by jettisoning of a harmful substance, being a substance carried as cargo in packaged form or in a freight container, portable tank or road and rail tank wagon, occurs from a ship into the sea, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding;
 (a) if the offender is a natural person—$50,000; or
 (b) if the offender is a body corporate—$250,000.
 (2) Subsection (1) does not apply in relation to the sea near a State.
 (3) Subsection (1) does not apply in relation to the sea near the Jervis Bay Territory or an external Territory to the extent that a law of the Territory makes provision giving effect to Regulation 7 of Annex III to the Convention in relation to that sea.
 (4) Subsection (1) does not apply to the discharge of a harmful substance from a foreign ship unless the discharge occurs in the sea near the Jervis Bay Territory or an external Territory.
 (5) Subsection (1) does not apply to the discharge of a harmful substance from a ship for the purpose of securing the safety of the ship or saving life at sea.
 (6) Where a harmful substance referred to in subsection (1) is discharged from a ship into the sea because of a leakage of the substance, the substance shall, for the purposes of this section, be taken to have been discharged by jettisoning, but subsection (1) does not apply to the discharge if;
 (a) the substance was washed overboard from the ship in accordance with regulations or orders made pursuant to regulations; or
 (b) the substance was washed overboard from the ship otherwise than in accordance with such regulations or orders in circumstances where compliance with such regulations or orders would have impaired the safety of the ship or of persons on board the ship.
 (7) In proceedings for an offence against subsection (1) in relation to a ship it is sufficient for the prosecution to allege and prove that a discharge of a harmful substance referred to in subsection (1) occurred from the ship into the sea, but it is a defence if it is proved that, by virtue of subsection (2), (3), (4), (5) or (6), subsection (1) does not apply in relation to the discharge.