Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oils in the Antarctic Area) Act 2011 (Cth)

Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oils in the Antarctic Area) Act 2011

Act No. 176 of 2011 as amended

This compilation was prepared on 22 December 2011

taking into account amendments up to Act No. 167 of 2011

The text of any of those amendments not in force

on that date is appended in the Notes section

The operation of amendments that have been incorporated may be

affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

An Act to amend the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, and for related purposes

1Short title [see Note 1]

This Act may be cited as the Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oils in the Antarctic Area) Act 2011.

2Commencement [see Note 1]

This Act commences on the day after this Act receives the Royal Assent.

3Schedule(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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1Amendments

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:

1. (a)

   crude oil having a density at 15°C higher than 900 kg/m3; or

2. (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

3. (c)

   bitumen, tar and their emulsions.

5

After section 10

Insert:

10AProhibition of carriage or use of heavy grade oil on Australian ships in the Antarctic Area

1. (1)

   A person commits an offence if:

   1. (a)

      the person is the master or owner of an Australian ship; and

   2. (b)

      the person engages in conduct; and

   3. (c)

      the conduct results in heavy grade oil:

      1. (i)

         being carried as cargo in bulk; or

      2. (ii)

         being used, or carried for use, as fuel;

   on the ship in the Antarctic Area.

   Penalty: 2,000 penalty units.

2. (2)

   A person commits an offence if:

   1. (a)

      the person is the master or owner of an Australian ship; and

   2. (b)

      the person engages in conduct; and

   3. (c)

      the conduct results in heavy grade oil:

      1. (i)

         being carried as cargo in bulk; or

      2. (ii)

         being used, or carried for use, as fuel;

   on the ship in the Antarctic Area.

   Penalty: 500 penalty units.

3. (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. (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. (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.

10BProhibition of carriage or use of heavy grade oil on foreign ships in the Australian Antarctic Territory

1. (1)

   A person commits an offence if:

   1. (a)

      the person is the master or owner of a foreign ship; and

   2. (b)

      the person engages in conduct; and

   3. (c)

      the conduct results in heavy grade oil:

      1. (i)

         being carried as cargo in bulk; or

      2. (ii)

         being used, or carried for use, as fuel;

   on the ship in the Australian Antarctic Territory.

   Penalty: 2,000 penalty units.

2. (2)

   A person commits an offence if:

   1. (a)

      the person is the master or owner of a foreign ship; and

   2. (b)

      the person engages in conduct; and

   3. (c)

      the conduct results in heavy grade oil:

      1. (i)

         being carried as cargo in bulk; or

      2. (ii)

         being used, or carried for use, as fuel;

   on the ship in the Australian Antarctic Territory.

   Penalty: 500 penalty units.

3. (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. (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. (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.

1. 6

   Subsections 17(4), 21(1A), 26AB(2), 26BC(2), 26D(2) and 26F(2)

Repeal the subsections.

1. 7

   Subsection 26FEF(1) (definition of engage in conduct)

Repeal the definition.

Notes to the Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oils in the Antarctic Area) Act 2011

Note 1

The Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oils in the Antarctic Area) Act 2011 as shown in this compilation comprises Act No. 176, 2011 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oils in the Antarctic Area) Act 2011	176, 2011	5 Dec 2011	6 Dec 2011
Maritime Legislation Amendment Act 2011	167, 2011	4 Dec 2011	Schedule 1 (item 18): (a)	—

(a) Subsection 2(1) (item 7) of the Maritime Legislation Amendment Act 2011 provides as follows:

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
7. Schedule 1, item 18	Immediately after the commencement of the Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oils in the Antarctic Area) Act 2011. However, if the Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oils in the Antarctic Area) Act 2011 commences on or before this Act receives the Royal Assent, the provision does not commence at all.	6 December 2011

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Schedule 1
Items 3, 4..............................	rep. No. 167, 2011