Document ID: chunk:federal_register_of_legislation:C2024C00540:section:27a:p2
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 27A (pt 2/2)
Character Range: 186828–188207

ship and the owner of the ship in respect of the pollution breach.
 (5) The master and owner of the ship commit an offence if:
 (a) the ship was detained at a port and leaves the port; or
 (b) the ship was detained in the territorial sea and leaves the outer limits of the territorial sea; or
 (c) the ship was detained in the exclusive economic zone and leaves the outer limits of the exclusive economic zone;
before it is released from detention.
Penalty: 2,000 penalty units.
 (5A) An offence under subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5B) While a foreign ship is detained under subsection (1), a person does not have the power of seizure provided for by section 123 of the Personal Property Securities Act 2009 in relation to the ship.
 (6) In this section:
Australia includes all the external Territories.
pollution breach means:
 (a) a discharge or disposal from a ship that:
 (i) contravenes this Act; or
 (ii) gives rise to a right of recovery by the Authority under Part IVA of the Protection of the Sea (Civil Liability) Act 1981; or
 (b) an offence against section 26FEG in relation to fuel oil used on board a ship as fuel; or
 (c) an offence against section 26FEN.
port means a port in Australia, and is taken to include an off‑shore installation over which Australia has jurisdiction.