Document ID: chunk:federal_register_of_legislation:C2007A00024:clause:1_26feg
Version: federal_register_of_legislation:C2007A00024
Segment Type: clause
Provision Reference: sch 1 cl 26FEG
Character Range: 21157–23144

26FEG  Using fuel oil with a sulphur content of more than 4.5% m/m

Ordinary offence

 (1) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct results in fuel oil with a sulphur content of more than 4.5% m/m being used on board a ship; and
 (c) the person is reckless or negligent as to causing that result; and
 (d) one of the following applies:
 (i) the fuel oil is used while the ship is in the sea near a State, the Jervis Bay Territory or an external Territory and no law of that State or Territory gives effect to Regulation 14(1) of Annex VI in relation to that sea;
 (ii) the fuel oil is used while the ship is in the exclusive economic zone;
 (iii) the fuel oil is used on board an Australian ship while the ship is beyond the exclusive economic zone, but not within an SOx emission control area.

Penalty: 2,000 penalty units.

Strict liability offence

 (2) The master and the owner of a ship each commit an offence if:
 (a) fuel oil with a sulphur content of more than 4.5% m/m is used on board the ship; and
 (b) one of the following applies:
 (i) the fuel oil is used while the ship is in the sea near a State, the Jervis Bay Territory or an external Territory and no law of that State or Territory gives effect to Regulation 14(1) of Annex VI in relation to that sea;
 (ii) the fuel oil is used while the ship is in the exclusive economic zone;
 (iii) the fuel oil is used on board an Australian ship while the ship is beyond the exclusive economic zone, but not within an SOx emission control area.

Penalty: 500 penalty units.

 (3) An offence against subsection (2) is an offence of strict liability.

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

Presumption

 (4) It is presumed, unless the contrary is proved, that fuel oil is used as mentioned in paragraph (1)(d) or paragraph (2)(b).

Note: A defendant bears a legal burden in relation to proving the contrary (see section 13.4 of the Criminal Code).