Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oils in the Antarctic Area) Act 2011
No. 176, 2011
An Act to amend the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, and for related purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 2
3............ Schedule(s)......................................................................................... 2
Schedule 1—Amendments 3
Protection of the Sea (Prevention of Pollution from Ships) Act 1983 3
Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oils in the Antarctic Area) Act 2011
No. 176, 2011
An Act to amend the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, and for related purposes
[Assented to 5 December 2011]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oils in the Antarctic Area) Act 2011.
2 Commencement
This Act commences on the day after this Act receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
1 Subsection 3(1)
Insert:
engage in conduct has the same meaning as in the Criminal Code.
2 Subsection 3(1)
Insert:
heavy grade oil means:
(a) crude oil having a density at 15°C higher than 900 kg/m3; or
(b) oil, other than crude oil, having a density at 15°C higher than 900 kg/m3 or a kinematic viscosity at 50°C higher than 180 mm2/s; or
(c) bitumen, tar and their emulsions.
3 Subsection 9(1A)
Repeal the subsection.
4 Subsection 10(2)
Repeal the subsection.
5 After section 10
Insert:
10A Prohibition of carriage or use of heavy grade oil on Australian ships in the Antarctic Area
(1) A person commits an offence if:
(a) the person is the master or owner of an Australian ship; and
(b) the person engages in conduct; and
(c) the conduct results in heavy grade oil:
(i) being carried as cargo in bulk; or
(ii) being used, or carried for use, as fuel;
on the ship in the Antarctic Area.
Penalty: 2,000 penalty units.
(2) A person commits an offence if:
(a) the person is the master or owner of an Australian ship; and
(b) the person engages in conduct; and
(c) the conduct results in heavy grade oil:
(i) being carried as cargo in bulk; or
(ii) being used, or carried for use, as fuel;
on the ship in the Antarctic 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.
(4) Subsections (1) and (2) do not apply to heavy grade oil that is carried or used as fuel on an Australian ship for the purpose of securing the safety of a ship or saving life at sea.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.
(5) If, at any time (whether before or after this section commences) before an Australian ship enters the Antarctic Area, heavy grade oil is carried or used as fuel on the ship, subsections (1) and (2) do not apply to any residue of the oil that is not cleaned or flushed from a tank or pipeline of the ship.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.
10B Prohibition of carriage or use of heavy grade oil on foreign ships in the Australian Antarctic Territory
(1) A person commits an offence if:
(a) the person is the master or owner of a foreign ship; and
(b) the person engages in conduct; and
(c) the conduct results in heavy grade oil:
(i) being carried as cargo in bulk; or
(ii) being used, or carried for use, as fuel;
on the ship in the Australian Antarctic Territory.
Penalty: 2,000 penalty units.
(2) A person commits an offence if:
(a) the person is the master or owner of a foreign ship; and
(b) the person engages in conduct; and
(c) the conduct results in heavy grade oil:
(i) being carried as cargo in bulk; or
(ii) being used, or carried for use, as fuel;
on the ship in the Australian Antarctic Territory.
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.
(4) Subsections (1) and (2) do not apply to heavy grade oil that is carried or used as fuel on a foreign ship for the purpose of securing the safety of a ship or saving life at sea.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.
(5) If, at any time (whether before or after this section commences) before a foreign ship enters the Australian Antarctic Territory, heavy grade oil is carried or used as fuel on the ship, subsections (1) and (2) do not apply to any residue of the oil that is not cleaned or flushed from a tank or pipeline of the ship.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.
6 Subsections 17(4), 21(1A), 26AB(2), 26BC(2), 26D(2) and 26F(2)
Repeal the subsections.
7 Subsection 26FEF(1) (definition of engage in conduct)
Repeal the definition.
[Minister’s second reading speech made in—
House of Representatives on 25 August 2011
Senate on 15 September 2011]
(157/11)
