Document ID: chunk:federal_register_of_legislation:C2024C00540:section:9:p1
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 9 (pt 1/4)
Character Range: 18386–20923

9  Prohibition of discharge of oil or oily mixtures into sea
 (1B) Subject to subsections (2) and (4), if:
 (a) oil or an oily mixture is discharged from a ship into the sea; and
 (b) one of the following subparagraphs applies:
 (i) the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulations 4, 15 and 34 of Annex I to the Convention in relation to the area of the sea where the discharge occurs;
 (ia) the discharge occurs into the outer territorial sea;
 (ii) the discharge occurs into the sea in the exclusive economic zone;
 (iii) the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;
the master, the charterer and the owner of the ship each commit an offence punishable, on conviction, by a fine not exceeding 20,000 penalty units.
 (1C) An offence against subsection (1B) is an offence of strict liability.
 (2) Subsection (1B) does not apply to the discharge of oil or of an oily mixture from a ship:
 (c) for the purpose of securing the safety of a ship or saving life at sea; or
 (d) if the oil or oily mixture, as the case may be, escaped from the ship in consequence of non‑intentional damage to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimizing the escape of oil or oily mixture, as the case may be; or
 (e) in the case of an oily mixture, if the discharge was for the purpose of combating specific pollution incidents in order to minimize the damage from pollution and was approved by a prescribed officer and, where the discharge occurred in the jurisdiction of the government of a country other than Australia, by that government.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
 (3) For the purposes of paragraph (2)(d), damage to a ship or to its equipment is not non‑intentional damage if the damage:
 (a) arose in circumstances where the master, the charterer or the owner of the ship:
 (i) acted with intent to cause the damage; or
 (ii) acted recklessly and with knowledge that the damage would probably result; or
 (b) arose as a result of the negligence of the master, the charterer or the owner of the ship.
 (3A) For the purposes of this section, damage to a ship or to its equipment does not include:
 (a)