Document ID: chunk:federal_register_of_legislation:C2024C00540:section:26feg:p1
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 26FEG (pt 1/2)
Character Range: 144197–146653

26FEG  Using fuel oil or carrying fuel oil for use—offences

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 the limit prescribed by the regulations for the purposes of this paragraph being:
 (i) used on board a ship as fuel; or
 (ii) carried on board a ship for use on board the ship as fuel; and
 (c) the person is reckless or negligent as to causing the result mentioned in paragraph (b); and
 (d) the result mentioned in paragraph (b) occurs in one of the following circumstances:
 (i) 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 paragraph 1 of Regulation 14 of Annex VI in relation to the area of the sea where the result occurs;
 (ii) the ship is in the outer territorial sea;
 (iii) the ship is in the exclusive economic zone;
 (iv) the ship is an Australian ship that is beyond the exclusive economic zone, but not within an 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 the limit prescribed for the purposes of paragraph (1)(b) is:
 (i) used on board the ship as fuel; or
 (ii) carried on board the ship for use on board the ship as fuel; and
 (b) one of the following applies:
 (i) 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 paragraph 1 of Regulation 14 of Annex VI in relation to the area of the sea where the fuel oil is used or carried as mentioned in paragraph (a);
 (ii) the ship is in the outer territorial sea;
 (iii) the ship is in the exclusive economic zone;
 (iv) the ship is an Australian ship that is beyond the exclusive economic zone, but not within an 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.

Presumptions
 (4) For the purposes of this section and section 26FEGA, fuel oil carried on board a ship is presumed to be carried for use on board the ship as fuel unless the contrary is proved.
Note: A defendant bears a legal burden in relation to proving the contrary: see section 13.4 of the Criminal Code.
 (5) For the