Navigation (Protection of the Sea) Amendment Act 1983 (Cth)
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENTS OF THE NAVIGATION ACT 1912
3. Principal Act
4. Interpretation
5. Regulations giving effect to Conventions—discretion of Governor-General and Minister
6. Insertion of new Division—
266. Interpretation
267. Application of Division
267a. Regulations to give effect to Regulations 13 to 19 (inclusive) of Annex 1
267b. Ship construction certificates
267c. International Oil Pollution Prevention Certificates
267d. Alteration, &c., of construction of ships and cancellation of certificates
267e. Ships to be surveyed periodically
267f. Cancellation of certificate if ship ceases to be registered, & c.
267g. Certificates required for Australian ships
267h. Certificates to be carried on board Australian ships
267j. Production of certificates
267k. Directions in relation to foreign ships
267l. Offences against sub-sections 267g (2) and (3) and 267k (4) to be indictable
7. Insertion of new Division—
TABLE
OF PROVISIONS—
Section
267m. Interpretation
267n. Application of Division
267p. Regulations to give effect to Regulation 13 of Annex II
267q. Chemical tanker construction certificates
267r. International Pollution Prevention Certificates for the Carriage of Noxious Liquid Substances in Bulk
267s. Alteration, &c, of construction of ships and cancellation of certificates
267t. Ships to be surveyed periodically
267u. Cancellation of certificate if ship ceases to be an Australian ship
267v. Certificates required for Australian ships
267w. Certificates to be carried on board Australian ships
267x. Production of certificates
267y. Directions in relation to foreign ships
267z. Offences against sub-section 267v (1) and 267y (4) to be indictable
8. Prosecution of offences
9. Insertion of new Section—
424a. Applications for review—Division 12 of Part IV
10. Insertion of new Section—
424b. Applications for review—Division 12a of Part IV
PART III—AMENDMENTS OF THE NAVIGATION (PROTECTION OF THE SEA) AMENDMENT ACT 1981
11. Principal Act
12. Repeal
13. Prosecution of offences
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
“‘the Prevention of Pollution from Ships Convention’ has the same meaning as ‘the Convention’ has in the
Protection of the Sea (Prevention of Pollution from Ships )Act 1983;”.
“266. (1) In this Division, unless the contrary intention appears—
‘Annex I’ means Annex I to the Prevention of Pollution from Ships Convention;
‘Australian ship’ means—
(a) a ship registered in Australia; or
(b) an unregistered ship having Australian nationality; ‘foreign ship’ means a ship that is not an Australian ship;
‘ship construction certificate’ means a certificate issued under section 267b and includes an International Oil Pollution Prevention Certificate issued in pursuance of Regulation 6 of Annex I, or of the law of a country other than Australia giving effect to that Regulation in relation to an Australian ship.
“(2) Except in so far as the contrary intention appears, an expression that is used in this Division and in the Prevention of Pollution from Ships Convention, including Annex I but not including any other Annex to that Convention, (whether or not a particular meaning is assigned to it by that Convention) has, in this Division, the same meaning as in that Convention.
“(3) For the purposes of this Division, a ship shall not be taken to comply with the provisions of Annex I if it does not comply with the regulations and orders referred to in section 267a.
“267. (1) Section 2 does not have effect in relation to the provisions of this Division.
“(2) The provisions of this Division do not apply in relation to a ship referred to in paragraph 2 (1) (a) to the extent that a law of a State or of the Northern Territory makes provision giving effect to Regulations 13 to 19 (inclusive) of Annex I in relation to that ship.
“(3) A reference in this section to the provisions of this Division shall be read as including a reference to the provisions of any regulations made for the purposes of sub-section 267a (1) and of any orders made in pursuance of any such regulations.
“267a. (1) The regulations may make provision for and in relation to giving effect to Regulations 13 to 19 (inclusive) of Annex I.
“(2) Without limiting the generality of sub-section (1), regulations made for the purposes of that sub-section may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.
“(3) Section 426 applies to orders made in pursuance of regulations made by virtue of sub-section (1) of this section.
“267b. Where, on receipt of declarations of survey in respect of an Australian ship, the Minister is satisfied that the ship is constructed in accordance with the provisions of Annex I, he may, whether or not the ship is required by Annex I to be constructed in accordance with those provisions, issue in respect of the ship a ship construction certificate in the prescribed form attesting such compliance.
“267c. Where—
(a) at the request of the Government of the State under whose authority a foreign ship is operating (not being a ship which is entitled to fly the flag of a State which is not a Party to the Prevention of Pollution from Ships Convention), the Minister has caused that ship to be surveyed; and
(b) the Minister, on receipt of declarations of survey in respect of that ship, is satisfied that that ship is constructed in accordance with the provisions of Annex I,
he may, whether or not the ship is required by Annex I to be constructed in accordance with those provisions, issue in respect of the ship an International Oil Pollution Prevention Certificate in the prescribed form attesting such compliance.
“267d. (1) Where the construction of an Australian ship in respect of which a ship construction certificate is in force is altered, or such a ship is damaged, in a manner which affects its compliance with the provisions of Annex I, the master or owner of the ship shall, within 7 days after the construction of the ship is altered or the ship is damaged, as the case may be, give a notice in writing of the alteration or damage to such person, and in such form, as are prescribed and, if the notice is not so given, the master and the owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding—
(a) if the offender is a natural person—$500; or
(b) if the offender is a body corporate—$1,000.
“(2) Where a notice required to be given under sub-section (1) is not given within the period referred to in that sub-section, the following provisions of this sub-section have effect:
(a) the obligation to give the notice continues, notwithstanding that that period has expired, until the notice is given;
(b) the master and the owner of the ship are each guilty of a separate and further offence in respect of each day during which the notice is not given, being a day after the expiration of that period;
(c) the penalty applicable to each such separate and further offence is a fine not exceeding—
(i) if the offender is a natural person—$500; or
(ii) if the offender is a body corporate—$1,000.
“(3) Charges against the same person for any number of offences under paragraph (2) (b) relating to a single notice may be joined in the same information or complaint.
“(4) If a person is convicted of 2 or more offences under paragraph (2) (b) relating to a single notice, the court may impose one penalty in respect of both or all of those offences, but that penalty shall not exceed the sum of the maximum penalties that could be imposed if a penalty were imposed in respect of each offence separately.
“(5) Where the Minister has reason to believe that—
(a) the report of a surveyor in respect of an Australian ship in respect of which a ship construction certificate is in force was fraudulently or erroneously made or obtained;
(b) a ship construction certificate has been issued in respect of an Australian ship upon false or erroneous information;
(c) the construction of an Australian ship in respect of which a ship construction certificate is in force has been altered, or such a ship has been damaged, in a manner which affects its compliance with the provisions of Annex I; or
(d) the owner of an Australian ship in respect of which a ship construction certificate is in force has failed to comply with section 267e in respect of the ship,
he may, by instrument in writing under his hand, cancel the certificate.
“(6) Where the Minister cancels a ship construction certificate issued in respect of an Australian ship, the certificate is of no force or effect after the Minister has given notice in writing of the cancellation addressed to the owner, agent or master of the ship and served in accordance with the regulations.
“(7) Where a ship construction certificate issued in respect of an Australian ship is cancelled under this section, the Minister may, by notice in writing addressed to the owner, agent or master of the ship and served in accordance with the regulations, require the certificate to be delivered up to the Minister or to such other person as the Minister specifies, and the Minister may detain the ship until the requirement is complied with.
“267e. (1) The owner of an Australian ship in respect of which a ship construction certificate is in force shall, at least once during each period that is a prescribed period in relation to the ship for the purposes of this section, cause the ship to be surveyed for the purpose of ensuring its compliance with the provisions of Annex I.
“(2) Where the owner of an Australian ship in respect of which a ship construction certificate is in force fails to comply with sub-section (1) in relation to the ship and to a period that is a prescribed period in relation to the ship, the owner is guilty of an offence punishable on conviction by a fine not exceeding—
(a) if the owner is a natural person—$2,000; or
(b) if the owner is a body corporate—$5,000.
“267f. A ship construction certificate ceases to have effect if the ship in respect of which it was issued ceases to be an Australian ship.
“267g. (1) This section applies to an Australian ship that is—
(a) an oil tanker of 150 tons gross tonnage and above; or
(b) a ship, other than an oil tanker, of 400 tons gross tonnage and above.
“(2) The master of an Australian ship to which this section applies shall not take the ship to sea unless there is in force in respect of the ship a ship construction certificate.
Penalty: $10,000 or imprisonment for 4 years, or both.
“(3) The owner of an Australian ship to which this section applies shall not permit the ship to be taken to sea unless there is in force in respect of the ship a ship construction certificate.
Penalty—
(a) if the offender is a natural person—$10,000, or imprisonment for 4 years, or both; or
(b) if the offender is a body corporate—$40,000.
“(4) The regulations may exempt ships included in a prescribed class of ships from the application of sub-section (1), either absolutely or subject to conditions.
“267h. The owner of an Australian ship in respect of which a ship construction certificate is in force shall cause the certificate to be carried on board the ship.
Penalty: $200.
“267j. Where—
(a) application is made to an officer of Customs in respect of an Australian ship for a clearance under the Customs Act for a voyage from a port in Australia; and
(b) the master of the ship would contravene sub-section 267g (1) if he took the ship to sea without there being in force in respect of the ship a ship construction certificate,
the master of the ship shall, if so required by the officer of Customs, produce to the officer of Customs the ship construction certificate in force in respect of the ship, and the officer of Customs may refuse to grant the clearance, and the ship may be detained, until the certificate is produced to him.
Penalty: $200.
“267k. (1) Subject to sub-section (2), where the Minister is of the opinion that a foreign ship is not constructed in accordance with the provisions of Annex I (whether or not the ship is required by Annex I to be so constructed), the Minister may, by notice in writing addressed to the master or the owner of the ship and served in accordance with the regulations, direct—
(a) that the ship shall not enter any port, or a specified port or specified ports, in Australia;
(b) that the ship shall not use any off-shore terminal, or a specified off-shore terminal or specified off-shore terminals, in Australia;
(c) that the ship comply with specified requirements while it is entering, is in or is leaving any port, or a specified port or specified ports, in Australia; or
(d) that the ship comply with specified requirements while it is approaching, is using or is leaving any off-shore terminal, or a specified off-shore terminal or specified off-shore terminals, in Australia.
“(2) The Minister shall not exercise his powers under sub-section (1) except to the extent that it appears to him necessary or expedient to do so for the protection of the environment.
“(3) Nothing in this section shall be taken to prevent the issuing of more than one direction under sub-section (1) in relation to a ship.
“(4) If a direction under sub-section (1) is contravened or not complied with in relation to a ship, the master and the owner of the ship are each guilty of an offence punishable on conviction by a fine not exceeding—
(a) if the offender is a natural person—$10,000; or
(b) if the offender is a body corporate—$40,000.
“(5) In proceedings for an offence against sub-section (4) by reason of a contravention of, or failure to comply with, a direction under sub-section (1), it is a defence if it is proved—
(a) that the contravention of, or non-compliance with, the direction resulted from the need to save life at sea or was due to an emergency involving a threat to a person’s life; or
(b) that compliance with the direction was not possible.
“267l. An offence against sub-section 267g (2) or (3) or 267k (4) is an indictable offence.”.
“267m. (1) In this Division, unless the contrary intention appears—
‘Annex II’ means Annex II to the Prevention of Pollution from Ships Convention;
‘Australian ship’ means—
(a) a ship registered in Australia; or
(b) an unregistered ship having Australian nationality;
‘chemical tanker construction certificate’ means a certificate issued under section 267q;
‘foreign ship’ means a ship that is not an Australian ship.
“(2) Except in so far as the contrary intention appears, an expression that is used in this Division and in the Prevention of Pollution from Ships Convention, including Annex II but not including any other Annex to that Convention, (whether or not a particular meaning is assigned to it by that Convention) has, in this Division, the same meaning as in that Convention.
“(3) For the purposes of this Division, a ship shall not be taken to comply with the provisions of Annex II if it does not comply with the regulations and orders referred to in section 267p.
“267n. (1) Section 2 does not have effect in relation to the provisions of this Division.
“(2) The provisions of this Division do not apply in relation to a ship referred to in paragraph 2 (1) (a) to the extent that a law of a State or of the Northern Territory makes provision giving effect to Regulation 13 of Annex II in relation to that ship.
“(3) A reference in this section to the provisions of this Division shall be read as including a reference to the provisions of any regulations made for the purposes of sub-section 267p (1) and of any orders made in pursuance of any such regulations.
“267p. (1) The regulations may make provision for and in relation to giving effect to Regulation 13 of Annex II.
“(2) Without limiting the generality of sub-section (1), regulations made for the purposes of that sub-section may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.
“(3) Section 426 applies to orders made in pursuance of regulations made by virtue of sub-section (1) of this section.
“267q. Where, on receipt of declarations of survey in respect of an Australian ship, the Minister is satisfied that the ship is constructed in accordance with the provisions of Annex II, he may, whether or not the ship is required by Annex II to be constructed in accordance with those provisions, issue in respect of the ship a chemical tanker construction certificate in the prescribed form attesting such compliance.
“267r. Where—
(a) at the request of the Government of the State under whose authority a foreign ship is operating (not being a ship which is entitled to fly the flag of a State which is not a Party to the Prevention of Pollution from Ships Convention), the Minister has caused that ship to be surveyed; and
(b) the Minister, on receipt of declarations of survey in respect of that ship, is satisfied that that ship is constructed in accordance with the provisions of Annex II,
he may, whether or not the ship is required by Annex II to be constructed in accordance with those provisions, issue in respect of the ship an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk in the prescribed form attesting such compliance.
“267s. (1) Where the construction of an Australian ship in respect of which a chemical tanker construction certificate is in force is altered, or such a ship is damaged, in a manner which affects its compliance with the provisions of Annex II, the master or owner of the ship shall, within 7 days after the construction of the ship is altered or the ship is damaged, as the case may be, give a notice in writing of the alteration or damage to such person, and in such form, as are prescribed and, if the notice is not so given, the master and the owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding—
(a) if the offender is a natural person—$500; or
(b) if the offender is a body corporate—$1,000.
“(2) Where a notice required to be given under sub-section (1) is not given within the period referred to in that sub-section, the following provisions of this sub-section have effect:
(a) the obligation to give the notice continues, notwithstanding that that period has expired, until the notice is given;
(b) the master and the owner of the ship are each guilty of a separate and further offence in respect of each day during which the notice is not given, being a day after the expiration of that period;
(c) the penalty applicable to each such separate and further offence is a fine not exceeding—
(i) if the offender is a natural person—$500; or
(ii) if the offender is a body corporate— $1,000.
“(3) Charges against the same person for any number of offences under paragraph (2) (b) relating to a single notice may be joined in the same information or complaint.
“(4) If a person is convicted of 2 or more offences under paragraph (2) (b) relating to a single notice, the court may impose one penalty in respect of both or all of those offences, but that penalty shall not exceed the sum of the maximum penalties that could be imposed if a penalty were imposed in respect of each offence separately.
“(5) Where the Minister has reason to believe that—
(a) the report of a surveyor in respect of an Australian ship in respect of which a chemical tanker construction certificate is in force was fraudulently or erroneously made or obtained;
(b) a chemical tanker construction certificate has been issued in respect of an Australian ship upon false or erroneous information;
(c) the construction of an Australian ship in respect of which a chemical tanker construction certificate is in force has been altered, or such a ship has been damaged, in a manner which affects its compliance with the provisions of Annex II; or
(d) the owner of an Australian ship in respect of which a chemical tanker construction certificate is in force has failed to comply with section 267s in respect of the ship,
he may, by instrument in writing under his hand, cancel the certificate.
“(6) Where the Minister cancels a chemical tanker construction certificate issued in respect of an Australian ship, the certificate is of no force or effect after the Minister has given notice in writing of the cancellation addressed to the owner, agent or master of the ship and served in accordance with the regulations.
“(7) Where a chemical tanker construction certificate issued in respect of an Australian ship is cancelled under this section, the Minister may, by notice in writing addressed to the owner, agent or master of the ship and served in accordance with the regulations, require the certificate to be delivered up to the Minister or to such other person as the Minister specifies, and the Minister may detain the ship until the requirement is complied with.
“267t. (1) The owner of an Australian ship in respect of which a chemical tanker construction certificate is in force shall, at least once during each period that is a prescribed period in relation to the ship for the purposes of this section, cause the ship to be surveyed for the purpose of ensuring its compliance with the provisions of Annex II.
“(2) Where the owner of an Australian ship in respect of which a chemical tanker construction certificate is in force fails to comply with sub-section (1) in relation to the ship and to a period that is a prescribed period in relation to the ship, the owner is guilty of an offence punishable on conviction by a fine not exceeding—
(a) if the owner is a natural person—$2,000; or
(b) if the owner is a body corporate—$5,000.
“267u. A chemical tanker construction certificate ceases to have effect if the ship in respect of which it was issued ceases to be an Australian ship.
“267v.
(1) Where an Australian ship is constructed or adapted so that it can carry as
cargo, or part cargo, in bulk any substance that, for the purposes of Part III
of the
taken to sea, unless there is in force in respect of that ship a chemical tanker construction certificate.
Penalty—
(a) if the offender is a natural person—$10,000, or imprisonment for 4 years, or both; or
(b) if the offender is a body corporate—$40,000.
“(2) The regulations may exempt ships included in a prescribed class of ships from the application of sub-section (1), either absolutely or subject to conditions.
“267w. The owner of an Australian ship in respect of which a chemical tanker construction certificate is in force shall cause the certificate to be carried on board the ship.
Penalty: $200.
“267x. Where—
(a) application is made to an officer of Customs in respect of an Australian ship for a clearance under the Customs Act for a voyage from a port in Australia; and
(b) the master of the ship would contravene sub-section 267v (1) if he took the ship to sea without there being in force in respect of the ship a chemical tanker construction certificate,
the master of the ship shall, if so required by the officer of Customs, produce to the officer of Customs the chemical tanker construction certificate in force in respect of the ship, and the officer of Customs may refuse to grant the clearance, and the ship may be detained, until the certificate is produced to him.
Penalty: $200.
“267y. (1) Subject to sub-section (2), where the Minister is of the opinion that a foreign ship is not constructed in accordance with the provisions of Annex II (whether or not the ship is required by Annex II to be so constructed), the Minister may, by notice in writing addressed to the master or the owner of the ship and served in accordance with the regulations, direct—
(a) that the ship shall not enter any port, or a specified port or specified ports, in Australia;
(b) that the ship shall not use any off-shore terminal, or a specified off-shore terminal or specified off-shore terminals, in Australia;
(c) that the ship comply with specified requirements while it is entering, is in or is leaving any port, or a specified port or specified ports, in Australia; or
(d) that the ship comply with specified requirements while it is approaching, is using or is leaving any off-shore terminal, or a specified off-shore terminal or specified off-shore terminals, in Australia.
“(2) The Minister shall not exercise his powers under sub-section (1) except to the extent that it appears to him necessary or expedient to do so for the protection of the environment.
“(3) Nothing in this section shall be taken to prevent the issuing of more than one direction under sub-section (1) in relation to a ship.
“(4) If a direction under sub-section (1) is contravened or not complied with in relation to a ship, the master and the owner of the ship are each guilty of an offence punishable on conviction by a fine not exceeding—
(a) if the offender is a natural person—$10,000; or
(b) if the offender is a body corporate—$40,000.
“(5) In proceedings for an offence against sub-section (4)by reason of a contravention of, or failure to comply with, a direction under sub-section (1), it is a defence if it is proved—
(a) that the contravention of, or non-compliance with, the direction resulted from the need to save life at sea or was due to an emergency involving a threat to a person’s life; or
(b) that compliance with the direction was not possible.
“267z. An offence against sub-section 267v (1) or 267y (4) is an indictable offence.”.
(a) by omitting from paragraph (4) (c) “or” (last occurring);
(b) by inserting after paragraph (4) (c) the following paragraph:
“(ca) in the case of an offence against sub-section 267g (2)—a fine not exceeding $2,000; or”; and
(c) by inserting in paragraph (4) (d) “267g (3), 267k (4), 267v (1), 267y (4) or” after “sub-section”.
“424a. (1) Application may be made to the Administrative Appeals Tribunal for review of—
(a) a decision to refuse to issue a ship construction certificate under section 267b;
(b) a decision to refuse to issue an International Oil Pollution Prevention Certificate under section 267c;
(c) a decision to cancel a ship construction certificate under sub-section 267d (5); or
(d) a direction given under sub-section 267k (1).
“(2) Where the Minister makes a
decision referred to in sub-section (1) and gives to the person whose interests
are affected by the decision notice in writing of the decision, that notice
shall include a statement to the effect that, subject to the
“(3) Any failure to comply with the requirements of sub-section (2) in relation to a decision does not affect the validity of the decision.
“(4) Where the Minister gives a
direction referred to in paragraph (1)(d),
the notice by which the direction is given shall include a statement to the
effect that, subject to the
“(5) Any failure to comply with the requirements of sub-section (4) in relation to a direction does not affect the validity of the direction.”.
“424b. (1)Application may be made to the Administrative Appeals Tribunal for review of—
(a) a decision to refuse to issue a chemical tanker construction certificate under section 267q;
(b) a decision to refuse to issue an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk under section 267r;
(c) a decision to cancel a chemical tanker construction certificate under sub-section 267s (5); or
(d) a direction given under sub-section 267y (1)
.
“(2) Where the Minister makes a
decision referred to in sub-section (1) and gives to the person whose interests
are affected by the decision notice in writing of the decision, that notice
shall include a statement to the effect that, subject to the
“(3) Any failure to comply with the requirements of sub-section (2) in relation to a decision does not affect the validity of the decision.
“(4) Where the Minister gives a
direction referred to in paragraph (1) (d), the notice by which the direction
is given shall include a statement to the effect that, subject to the
may be made to the Administrative Appeals Tribunal for review of the direction by or on behalf of any person whose interests are affected by the direction.
“(5) Any failure to comply with the requirements of sub-section (4) in relation to a direction does not affect the validity of the direction.”.
1. No. 4, 1913, as amended. For previous amendments, see No. 32, 1919; No. 1, 1921; No. 8, 1925; No. 8, 1926; No. 49, 1934; No. 30, 1935; No. 1, 1943; No. 80, 1950; No. 109, 1952; No. 96, 1953; No. 46, 1956; No. 36, 1958; No. 96, 1961; No. 1, 1965; No. 93, 1966; No. 60, 1967; No. 62, 1968; Nos. 1 and 117, 1970; No. 28, 1972; No. 216, 1973 (as amended by No. 20, 1974); Nos. 91 and 157, 1976; Nos. 98 and 155, 1979; Nos. 70 and 87, 1980; and Nos. 10 and 36, 1981.
2. No. 36, 1981.
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