Document ID: chunk:federal_register_of_legislation:C2004A00925:clause:3_10
Version: federal_register_of_legislation:C2004A00925
Segment Type: clause
Provision Reference: sch 3 cl 10
Character Range: 39529–40604

10  Prohibition of discharge of oil residues into sea

 (1) If:
 (a) a person engages in conduct that causes a discharge from an Australian ship of an oil residue into the sea; and
 (b) the person is reckless or negligent as to causing the discharge by that conduct; and
 (c) such a discharge cannot occur without the commission of an offence against subsection 9(1) or (1B) or of an offence against a law of a State or Territory;
the person commits an offence punishable, on conviction, by a fine not exceeding 2,000 penalty units.

 (2) In subsection (1):

engage in conduct has the same meaning as in the Criminal Code.

 (3) If:
 (a) an oil residue is discharged from an Australian ship into the sea; and
 (b) such a discharge cannot occur without the commission of an offence against subsection 9(1) or (1B) or of an offence against a law of a State or Territory;
the master and the owner of the ship each commit an offence punishable, on conviction, by a fine not exceeding 500 penalty units.

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