{"id":"C2004A02409","name":"Protection of the Sea (Civil Liability) Act 1981","slug":"protection-of-the-sea-civil-liability-act-1981","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"31 of 1981","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":34152,"registerId":"commonwealth-C2004A02409-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"An Act relating to civil liability for pollution damage\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 2 Commencement\n\n  (1) This Act shall come into operation on a date to be fixed by Proclamation.\n  (2) The date fixed under subsection (1) shall not be a date earlier than the date on which the International Convention on Civil Liability for Oil Pollution Damage comes into force for Australia.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> applied provisions of the Convention means the provisions of the Convention that, by virtue of section 8, have the force of law as part of the law of the Commonwealth.\n\n> Australia includes the external Territories.\n\n> Authority means the Australian Maritime Safety Authority.\n\n> Civil Liability Convention means the International Convention on Civil Liability for Oil Pollution Damage (a copy of the English text of which is set forth in Schedule 1).\n\n> country to which the Civil Liability Convention applies means a country or territory specified in a notice under section 6.\n\n> regulated Australian vessel: a ship is a regulated Australian vessel if it is a regulated Australian vessel for the purposes of the Navigation Act 2012.\n\n> the 1992 Protocol means the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (a copy of the English text of which is set out in Schedule 2), as amended by resolution LEG.1(82) adopted by the Legal Committee of the International Maritime Organization on 18 October 2000 (a copy of the English text of which is set out in Schedule 3).\n\n> the Convention means Articles I to XII ter, including the model certificate, of the Civil Liability Convention as amended by the 1992 Protocol.\n\n  (2) Except in so far as the contrary intention appears, an expression that is used in either Part II or Part III and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in that Part, the same meaning as in the Convention.\n\n#### 4 Act binds the Crown\n\n  This Act binds the Crown in each of its capacities.\n\n#### 5 Operation of Act\n\n  This Act applies both within and outside Australia and extends to every external Territory.\n\n#### 6 Declaration of countries to which Civil Liability Convention applies\n\n  The Minister may, by notice published in the Gazette, declare that, for the purposes of this Act, a country or territory, other than Australia, specified in the notice is a country or territory to which the Civil Liability Convention applies.\n\n#### 6A Application of the Criminal Code\n\n  Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—Liability and limitation of liability under Convention\n\n#### 7 Application of this Part\n\n  (1) This Part, the applied provisions of the Convention and regulations made for the purposes of section 12 do not apply in relation to a ship that is not a regulated Australian vessel, when the ship is in a particular area, so far as a law of a State or the Northern Territory gives effect to the applied provisions of the Convention in relation to that ship when it is in that area.\n  (2) However, subsection (1) does not apply in relation to an incident that:\n    (a) is an incident Article IV of the Convention applies to; and\n    (b) involves both:\n    (i) one or more ships that are regulated Australian vessels; and\n    (ii) one or more ships that are not regulated Australian vessels.\n\n#### 8 Certain provisions of Convention to have the force of law\n\n  (1) The following provisions of the Convention have the force of law as part of the law of the Commonwealth: Articles I to VI (inclusive), paragraphs 1, 8 and 9 of Article VII, Article VIII, paragraphs 1 and 3 of Article IX, Article XII bis (other than paragraph (b)), paragraph 1 of Article XI.\n  (2) For the purposes of paragraph 1 of Article VII of the Convention as so having the force of law, that paragraph shall be treated as requiring the owner of a ship referred to in that paragraph, being a ship registered in Australia, to maintain the insurance or other financial security referred to in that paragraph.\n\n#### 9 Claims for compensation\n\n  The Supreme Courts of the States are invested with federal jurisdiction, and jurisdiction, to the extent that the Constitution permits, is conferred on the Supreme Courts of the Territories, to hear and determine claims for compensation under the applied provisions of the Convention in respect of incidents:\n    (a) that have caused pollution damage in a place to which the Convention applies; or\n    (b) in relation to which preventive measures have been taken to prevent or minimize pollution damage in a place to which the Convention applies.\n\n#### 10 Applications to determine limit of liability\n\n  (1) Where a claim for compensation under the applied provisions of the Convention is made in the Supreme Court of a State or Territory against, or is apprehended by, the owner of a ship, or the insurer or other person providing financial security for the liability of the owner of a ship for pollution damage, the owner, the insurer or that other person, as the case may be, may apply:\n    (a) in a case where a claim for compensation under the applied provisions of the Convention has been made in the Supreme Court of a State or Territory—to that Court; or\n    (b) in any other case—to the Supreme Court of any State or the Supreme Court of any Territory having jurisdiction under this subsection;\n  to determine whether he or she may limit his or her liability under the applied provisions of the Convention and, if so, the limit of that liability.\n  (2) Where the Supreme Court of a State or Territory determines that a person may limit his or her liability under the applied provisions of the Convention, the Court may make such orders as it thinks fit with respect to the apportionment and distribution, in accordance with those provisions, of a fund for the payment of claims under those provisions.\n  (3) The Supreme Courts of the States are invested with federal jurisdiction, and, jurisdiction, to the extent that the Constitution permits, is conferred on the Supreme Courts of the Territories, to hear and determine proceedings under this section.\n\n#### 11 Transfer of proceedings\n\n  (1) The Supreme Court of a State or Territory in which a claim for compensation has been made under the applied provisions of the Convention, or in which proceedings under section 10 have been instituted, may, if the Court thinks fit, at any stage in the proceedings, upon application or of its own motion, by order, transfer the proceedings to another Supreme Court.\n  (2) Where proceedings are transferred from a Supreme Court in pursuance of subsection (1):\n    (a) all documents filed, and moneys or guarantees lodged, in that Court in those proceedings shall be transmitted by the Registrar or other proper officer of that Court to the Registrar or other proper officer of the Court to which the proceedings are transferred; and\n    (b) the Court to which the proceedings are transferred shall proceed as if the proceedings had been originally instituted in that Court and as if the same proceedings had been taken in that Court as had been taken in the Court from which the proceedings were transferred.\n\n#### 12 Regulations giving effect to applied provisions of Convention etc.\n\n  (1) The regulations may prescribe matters that are necessary or convenient to be prescribed for the purpose of carrying out or giving effect to the applied provisions of the Convention and, for or in connection with that purpose, may make provision for and in relation to:\n    (a) the conversion of the amounts of money referred to in paragraph 1 of Article V of the Convention into amounts of money expressed in the currency of Australia;\n    (b) the kinds of guarantees that are acceptable for the purposes of paragraph 3 of Article V of the Convention;\n    (c) the extent to which the right of subrogation provided for in paragraph 5 of Article V of the Convention may be exercised by a person other than a person referred to in that paragraph; and\n    (d) the ascertainment of the tonnage of a ship, including the estimation of the tonnage of a ship in circumstances where it is not possible or reasonably practicable to measure its tonnage.\n  (2) Subsection (1) shall not be taken as limiting the power of a judge or judges of the Supreme Court of a State or Territory to make rules of court with respect to a matter that is not provided for in the applied provisions of the Convention or in regulations made by virtue of that subsection.\n\n## Part III—Insurance certificates relating to liability for pollution damage\n\n#### 13 Interpretation\n\n  (1) In this Part, Government ship means a ship (including a warship) owned by a country, and includes a ship owned by the Commonwealth or by a State.\n  (2) In this Part:\n    (a) a reference to a contract of insurance, or other financial security, in respect of a ship shall be construed as a reference to a contract of insurance, or other financial security, covering the liability of the owner of the ship under the applied provisions of the Convention for pollution damage caused in Australia or on the territory, including the territorial sea, of a country to which the Civil Liability Convention applies;\n    (b) a reference to the limits of the liability prescribed by paragraph 1 of Article V of the Convention, in relation to a ship, shall be construed as a reference to the amount to which the owner of the ship is entitled, under that paragraph, in its application to the ship as part of the law of the Commonwealth, to limit his or her liability under the Convention in respect of any one incident;\n    (c) a reference to a State shall be construed as including a reference to the Northern Territory.\n\n#### 14 Application\n\n  (1) Subject to subsection (2), this Part applies to every ship that is carrying more than 2,000 tons of oil in bulk as cargo and, where such a ship is unregistered, this Part applies to and in relation to the ship as if it were registered in the country whose flag the ship is flying.\n  (2) This Part does not apply to a Government ship, other than a Government ship that is being used for commercial purposes.\n\n#### 15 Insurance certificates to be carried on certain ships\n\n  (1) Where a ship to which this Part applies enters or leaves, or attempts to enter or leave, a port in Australia, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial sea of Australia, without carrying on board the ship a relevant insurance certificate in respect of the ship, being such a certificate that is in force, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—500 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—500 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—1,000 penalty units.\n  (2) Where a ship to which this Part applies, being a ship registered in Australia, enters or leaves, or attempts to enter or leave, a port in a country other than Australia, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial sea of a country other than Australia, without carrying on board the ship a relevant insurance certificate in respect of the ship, being such a certificate that is in force, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—500 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—500 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—1,000 penalty units.\n  (3) Where, otherwise than in circumstances to which subsection (1) applies or, in the case of a ship registered in Australia, to which subsection (2) applies, at any time a relevant insurance certificate is in force in respect of a ship to which this Part applies and is not carried on board the ship, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—20 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—20 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—50 penalty units.\n  (3A) An offence under subsection (1), (2) or (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (4) An officer may require the master or other person in charge of a ship to which this Part applies to produce a relevant insurance certificate in respect of the ship, being such a certificate that is in force, and, if he or she fails to produce the certificate to the officer, he or she commits an offence against this subsection punishable, upon conviction, by a fine not exceeding 20 penalty units.\n  (4A) An offence under subsection (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (5) Where an officer has reasonable grounds to believe that the master or other person in charge of a ship to which this Part applies is attempting to take the ship out of a port in Australia at a time when a relevant insurance certificate in respect of the ship, being such a certificate that is in force, is not being carried on board the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.\n  (6) This section is not intended to exclude or limit the concurrent operation of a provision of a law of a State giving effect to paragraphs 1, 2 and 3 of Article VII of the Convention in relation to a ship that is not a regulated Australian vessel.\n  (7) For the purposes of this section, a relevant insurance certificate in respect of a ship is:\n    (a) if the ship is registered in Australia and is not a Government ship:\n    (i) in the case of a ship that is a regulated Australian vessel—a certificate issued under section 16 in respect of the ship; or\n    (ii) in the case of a ship that is not a regulated Australian vessel—a certificate issued under section 16 in respect of the ship, or a certificate issued in respect of the ship under a law of a State that makes provision giving effect to paragraphs 1, 2 and 3 of Article VII of the Convention in relation to that ship; or\n    (b) if the ship is registered in a country to which the Civil Liability Convention applies and is not a Government ship—a certificate issued, for the purposes of Article VII of the Convention, by or under the authority of the Government of that country; or\n    (c) if the ship is registered in a country that is not a country to which the Civil Liability Convention applies and is not a Government ship—a certificate issued under section 16 or a certificate that is, under the regulations, to be taken to be a relevant insurance certificate in respect of the ship for the purposes of this paragraph; or\n    (d) if the ship is owned by the Commonwealth—a certificate issued under section 18 in respect of the ship; or\n    (e) if the ship is owned by a State:\n    (i) a certificate issued under section 18 in respect of the ship; or\n    (ii) a certificate issued under a provision of the law of the State that makes provision in relation to ships owned by the State that corresponds with the provisions of section 18 in relation to ships owned by the Commonwealth; or\n    (f) if the ship is owned by the Government of a country other than Australia—a certificate of a kind referred to in subsection 18(1) issued by the Government of that country.\n  (8) In this section, officer means:\n    (a) an officer of Customs within the meaning of the Customs Act 1901; or\n    (b) an inspector within the meaning of the Navigation Act 2012; or\n    (c) a person included in a class of persons declared by the regulations to be a class of officers for the purposes of this section.\n\n#### 16 Issue of insurance certificates\n\n  (1) The owner, master or agent of a ship to which this Part applies, being a ship that is registered in Australia or in a country that is not a country to which the Civil Liability Convention applies, may make application to the Minister for the issue of an insurance certificate in respect of the ship.\n  (2) An application under subsection (1):\n    (a) shall be in accordance with the form approved in an instrument under subsection (2A); and\n    (b) shall be lodged with a person who is a prescribed person for the purposes of this subsection.\n  (2A) The Minister may, by notifiable instrument, approve a form for the purposes of paragraph (2)(a).\n  (2B) The Minister must cause the form to be published on the Authority’s website.\n  (3) Where application is made to the Minister under subsection (1) in respect of a ship, the Minister shall:\n    (a) if he or she is satisfied that the owner of the ship is maintaining insurance or other financial security in respect of the ship in an amount that will cover the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship—issue to the applicant an insurance certificate in respect of the ship; or\n    (b) if he or she is not so satisfied—refuse to issue such a certificate in respect of the ship.\n  (4) An insurance certificate issued under subsection (3) in respect of a ship:\n    (a) shall be in accordance with the form approved in an instrument under subsection (4A), being a form which contains, but is not limited to containing, the particulars specified in paragraph 2 of Article VII of the Convention;\n    (b) comes into force on such day as is specified in the certificate; and\n    (c) remains in force, subject to this Part, until the expiration of such day as is specified in the certificate, being:\n    (i) the day that is the last day in the period of 12 months commencing on the day on which the certificate comes into force; or\n    (ii) the day that the Minister is satisfied is the last day in the balance of the period during which the insurance or other financial security in respect of the ship is to remain in force;\n    whichever is the earlier day.\n  (4A) The Minister may, by notifiable instrument, approve a form for the purposes of paragraph (4)(a).\n  (4B) The Minister must cause the form to be published on the Authority’s website.\n  (5) Such fees (if any) as are prescribed are payable in respect of the issue of an insurance certificate in respect of a ship under this section.\n  (6) Where an insurance certificate is issued under this section in respect of a ship registered in Australia, the Minister shall cause a copy of the certificate to be forwarded to a person who is a prescribed person for the purposes of this subsection.\n\n#### 17 Extension, cancellation and lapsing of insurance certificates\n\n  (1) Where:\n    (a) a ship in respect of which an insurance certificate has been issued under section 16 is not at a port in Australia at the time when the certificate expires or is about to expire; and\n    (b) the Minister is satisfied that, after the day specified in the certificate as the day until which it is to remain in force, there will be in force a contract of insurance or other financial security in respect of the ship in an amount that will cover the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship;\n  the Minister may, if it appears proper and reasonable to do so, extend the certificate for a period that expires on or before the day that the Minister is satisfied is the last day in the balance of the period during which that contract of insurance or other financial security is to remain in force, being a period that does not exceed one month from the day referred to in paragraph (b).\n  (2) An extension of an insurance certificate under subsection (1) is of no further force or effect after the arrival of the ship at a port in Australia.\n  (3) The Minister may cancel an insurance certificate issued under section 16 that is in force in respect of a ship if he or she is satisfied that, by reason of any modification or variation of, or to, the contract of insurance or other financial security in respect of the ship, the owner of the ship will not be covered for an amount that is not less than the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship.\n  (4) If, while an insurance certificate issued under section 16 in respect of a ship registered in Australia or in a country that is not a country to which the Civil Liability Convention applies is in force, the ship ceases to be registered in Australia or in that country, as the case may be, the certificate so issued thereupon ceases to be in force.\n  (5) Where an insurance certificate issued under section 16 in respect of the ship is cancelled under subsection (3) or ceases to be in force by virtue of subsection (4), the master shall forthwith cause the certificate to be lodged with a person referred to in paragraph 16(2)(b).\n\nPenalty: 20 penalty units.\n\n#### 18 Government ships\n\n  (1) Where a ship is owned by the Commonwealth or by a State, the Minister may issue:\n    (a) in the case of a ship owned by the Commonwealth—a certificate certifying that the ship is owned by the Commonwealth and that any liability for pollution damage up to the limits of liability applicable in relation to the ship under Article V of the Convention will be met by the Commonwealth; or\n    (b) in the case of a ship owned by a State—a certificate certifying:\n    (i) that the ship is owned by the State; and\n    (ii) if the Minister is satisfied that any liability for pollution damage up to the limits of liability applicable in relation to the ship under Article V of the Convention will be met by the State—that any such liability will be so met by the State.\n  (2) Subject to subsection (3), a certificate issued under subsection (1) remains in force for such period as is specified in the certificate.\n  (3) If, while a certificate issued under subsection (1) in respect of a ship owned by the Commonwealth or by a State is in force, the ship ceases to be owned by the Commonwealth or by the State, as the case may be, the certificate so issued thereupon ceases to be in force.\n  (4) Every country to which the Civil Liability Convention applies shall, in any proceedings brought in a court in Australia to enforce a claim in respect of a liability incurred under the applied provisions of the Convention, be deemed to have submitted to the jurisdiction of that court and to have waived any defence based on its status as a sovereign country, but nothing in this subsection shall permit the levy of execution against the property of such a country.\n\n#### 19 Review of decisions\n\n  (1) Application may be made to the Administrative Review Tribunal for review of:\n    (a) a decision to refuse to issue an insurance certificate under section 16; or\n    (b) a decision to cancel an insurance certificate under subsection 17(3).\n  (2) Where the Minister makes a decision referred to in subsection (1) and gives to a 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 Administrative Review Tribunal Act 2024, an application may be made to the Administrative Review Tribunal for review of the decision by or on behalf of any person whose interests are affected by the decision.\n  (3) Any failure to comply with the requirements of subsection (2) in relation to a decision does not affect the validity of the decision.\n\n## Part IIIA—Proof of possession of adequate insurance cover by certain ships\n\n#### 19A Definitions\n\n  In this Part:\n\n> Government ship means a ship (including a warship) owned by a country, and includes a ship owned by the Commonwealth or by a State.\n\n> officer means:\n\n    (a) an officer of Customs within the meaning of the Customs Act 1901; or\n    (b) an inspector within the meaning of the Navigation Act 2012; or\n    (c) a member or a special member of the Australian Federal Police within the meaning of the Australian Federal Police Act 1979; or\n    (d) a person included in a class of persons declared by the regulations to be a class of officers for the purposes of this section.\n\n> owner has the same meaning as in the Convention.\n\n> relevant insurance certificate, in relation to a ship, means a document or documents that contain the prescribed information, being information relevant to establishing that the owner of the ship is maintaining insurance or other financial security in respect of the ship that covers the liability of the owner for pollution damage caused in Australia for an amount that is not less than the prescribed amount.\n\n> State includes the Northern Territory.\n\n#### 19B Application\n\n  (1) Subject to subsection (2), this Part applies to a ship:\n    (a) that carries oil as cargo or bunker; and\n    (b) that has a gross tonnage of 400 or more; and\n    (c) to which Part III does not apply; and\n    (d) to which Part 3 of the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 does not apply.\n  (2) This Part does not apply to a Government ship, other than a Government ship that is being used for commercial purposes.\n\n#### 19C Insurance certificates to be carried on ships to which Part applies\n\n  (1) If a ship enters or leaves, or attempts to enter or leave, a port in Australia without carrying on board a relevant insurance certificate in respect of the ship, the master and the owner of the ship each commit an offence punishable, upon conviction, by a fine of not more than 500 penalty units.\n  (2) An officer may require the master or other person in charge of a ship to produce a relevant insurance certificate in respect of the ship and, if the master or other person refuses or fails to produce such a certificate to the officer, he or she commits an offence punishable, upon conviction, by a fine of not more than 20 penalty units.\n  (3) If an officer has reasonable grounds to believe that the master or other person in charge of a ship is attempting to take the ship out of a port in Australia at a time when the ship is not carrying on board a relevant insurance certificate in respect of the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.\n  (4) The master of a ship detained at a port under subsection (3), and the owner of such a ship, each commit an offence punishable on conviction by a fine of not more than 500 penalty units if the ship leaves the port before it has been released from detention.\n  (5) Strict liability applies to subsections (1), (2) and (4).\n  (6) Chapter 2 of the Criminal Code applies to an offence against this section.\n\n## Part IV—Recovery of expenses of Authority under the Protection of the Sea (Powers of Intervention) Act 1981\n\n#### 20 Expenses etc. incurred by Authority debt due to Commonwealth\n\n  (1) Subject to this section, where the Authority incurs any expense or other liability in, or by reason of, the exercise of the Authority’s powers under section 8, 9 or 10 of the Protection of the Sea (Powers of Intervention) Act 1981 in respect of an incident, the amount of that expense or other liability is:\n    (a) if that expense or other liability was incurred in, or by reason of, the exercise of those powers in relation to a single ship—a debt due to the Commonwealth by the owner of that ship; or\n    (b) if that expense or other liability was incurred in, or by reason of, the exercise of those powers in relation to 2 or more ships—a debt due to the Commonwealth jointly and severally by the owners of those ships.\n  (2) Subsection (1) does not apply in relation to the owner of a ship in respect of an incident referred to in that subsection where the owner proves that the incident:\n    (a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character;\n    (b) was wholly caused by an act or omission done by a third party with intent to cause damage; or\n    (c) was wholly caused by the negligence or other wrongful act of any government, or other authority, responsible for the maintenance of lights or other navigational aids in the exercise of its functions in relation to those lights or aids.\n  (3) Subject to subsection (6), where an incident referred to in subsection (1) did not occur as a result of the actual fault or privity of the owner of a ship, the liability of the owner of the ship under subsection (1) in respect of the incident shall not exceed the limit of any liability in respect of the incident that applies to the incident under the provisions of one or more international conventions, being provisions in force in relation to Australia.\n  (4) A debt due to the Commonwealth by a person by virtue of this section may be recovered from the person in any court of competent jurisdiction.\n  (5) This section does not apply in relation to pollution damage within the meaning of the Convention.\n  (7) In this section:\n\n> incident means an occurrence, or a series of occurrences having the same origin.\n\n> owner, in relation to a ship in respect of an incident, means the owner of the ship at the time of the incident or, if the incident consists of a series of occurrences having the same origin, at the time of the first of the occurrences.\n\n> third party, in relation to a ship, means any person other than:\n\n    (a) the owner of the ship;\n    (b) a servant or agent of the owner of the ship; or\n    (c) the master, an officer or any other member of the crew of the ship or of any other ship also owned by the owner of the ship.\n\n#### 21 Expenses etc. incurred by Authority charge on ship\n\n  The amount:\n    (a) that the owner of a ship is liable, or the owners of 2 or more ships are jointly and severally liable, under the applied provisions of the Convention, to pay to the Commonwealth by way of compensation for any expense or other liabilities incurred by the Authority in, or by reason of, the exercise of the Authority’s powers under section 8, 9 or 10 of the Protection of the Sea (Powers of Intervention) Act 1981; or\n    (b) that the owner of a ship is liable, or the owners of 2 or more ships are jointly and severally liable, to pay to the Commonwealth under section 20;\n  is a charge on that ship, or on each of those ships, as the case may be.\n\n#### 22 Detention of ships\n\n  (1) Subject to subsection (2), where an amount is, by virtue of section 21, a charge on a ship, the ship may be detained by a person authorized in writing by the Minister for the purposes of this section and may be so detained until the amount is paid or security for the payment of the amount is provided to the satisfaction of the Minister.\n  (1A) If a ship is detained under this section, the person authorised to detain it may escort it to a port in Australia.\n  (1B) While a ship is detained under this section, 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.\n  (2) Subsection (1) does not apply in relation to a foreign ship unless the ship is in Australian waters or in the exclusive economic zone.\n  (3) Where a ship that has been detained under this section goes to sea before it is released from detention, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction:\n    (a) in the case of the master—by a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both;\n    (b) in the case of the owner, if the owner is not a body corporate—by a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both; or\n    (c) in the case of the owner, if the owner is a body corporate—by a fine not exceeding 100 penalty units.\n  (3A) An offence under subsection (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (4) In this section:\n\n> Australian waters means:\n\n    (a) the territorial sea of Australia; and\n    (b) the sea on the landward side of the territorial sea of Australia.\n\n> exclusive economic zone means the exclusive economic zone, within the meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast of Australia or the coast of an external Territory.\n\n> foreign ship means a ship:\n\n    (a) that is not registered in Australia; and\n    (b) that does not have Australian nationality.\n\n## Part IVA—Recovery of loss etc. incurred by the Authority because of discharges or threatened discharges from ships\n\n#### 22A Recovery of loss etc. by the Authority\n\n  (1) This section applies if the Authority suffers loss or damage, or incurs costs or expenses, in preventing or mitigating or in attempting to prevent or mitigate any pollution damage, because of:\n    (a) a discharge or disposal in contravention of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983; or\n    (b) action taken by the Authority in performance of its function, under paragraph 6(1)(a) of the Australian Maritime Safety Authority Act 1990, to combat pollution in the marine environment caused by a discharge or disposal from a ship, or to combat a threat of pollution in the marine environment caused by a threat of a discharge or disposal from a ship.\n  (2) The Authority may recover from:\n    (a) the owner or the master of the ship from which the discharge or disposal occurred, or from which there was the threat of a discharge or disposal; or\n    (b) any person whose act caused the discharge or disposal, or the threat of a discharge or disposal;\n  the amount of the loss, damage, costs and expenses.\n  (3) The amount is recoverable as a debt in a court of competent jurisdiction.\n\n## Part V—Miscellaneous\n\n#### 23 Prosecution of offences against subsections 15(1), (2) and (3) and 22(3)\n\n  (1) Subject to subsection (2), an offence against subsection 15(1) or (2) or 22(3) is an indictable offence.\n  (2) Notwithstanding that an offence referred to in subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.\n  (3) Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence referred to in subsection (1), the penalty that the court may impose is a fine not exceeding:\n    (a) in the case of a person, not being a body corporate—20 penalty units; and\n    (b) in the case of a person, being a body corporate—50 penalty units.\n  (4) Where, in proceedings for an offence against subsection 15(1), (2) or (3) or 22(3) in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.\n  (5) Any conduct engaged in on behalf of a corporation:\n    (a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or\n    (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;\n  shall be deemed, for the purposes of a provision of this Act that creates an offence, to have been engaged in by the corporation.\n  (6) A reference in subsection (4) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.\n\n#### 24 No time limit for prosecution\n\n  A prosecution for an offence against this Act may be brought at any time.\n\n#### 25 Regulations to give effect to Article X of Convention\n\n  (1) The regulations may make provision for and in relation to giving effect to Article X of the Convention including:\n    (a) provision for investing the Supreme Courts of the States with federal jurisdiction, and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made by virtue of this section; and\n    (b) provision fixing fees to be paid in respect of any matters under regulations made by virtue of this section.\n  (2) Subsection (1) shall not be taken as limiting the power of a judge or judges of the Supreme Court of a State or Territory to make rules of court with respect to a matter that is not provided for in regulations made by virtue of that subsection.\n\n#### 26 Delegation\n\n  (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a person any of his or her powers under this Act, other than this power of delegation.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.\n  (3) A delegation under this section does not prevent the exercise of a power by the Minister.\n\n#### 27 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Protection of the Sea (Civil Liability) Act 1981.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) This Act shall come into operation on a date to be fixed by Proclamation.\n  (2) The date fixed under subsection (1) shall not be a date earlier than the date on which the International Convention on Civil Liability for Oil Pollution Damage comes into force for Australia.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> applied provisions of the Convention means the provisions of the Convention that, by virtue of section 8, have the force of law as part of the law of the Commonwealth.\n\n> Australia includes the external Territories.\n\n> Authority means the Australian Maritime Safety Authority.\n\n> Civil Liability Convention means the International Convention on Civil Liability for Oil Pollution Damage (a copy of the English text of which is set forth in Schedule 1).\n\n> country to which the Civil Liability Convention applies means a country or territory specified in a notice under section 6.\n\n> regulated Australian vessel: a ship is a regulated Australian vessel if it is a regulated Australian vessel for the purposes of the Navigation Act 2012.\n\n> the 1992 Protocol means the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (a copy of the English text of which is set out in Schedule 2), as amended by resolution LEG.1(82) adopted by the Legal Committee of the International Maritime Organization on 18 October 2000 (a copy of the English text of which is set out in Schedule 3).\n\n> the Convention means Articles I to XII ter, including the model certificate, of the Civil Liability Convention as amended by the 1992 Protocol.\n\n  (2) Except in so far as the contrary intention appears, an expression that is used in either Part II or Part III and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in that Part, the same meaning as in the Convention.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Act binds the Crown","content":"#### 4 Act binds the Crown\n\n  This Act binds the Crown in each of its capacities.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Operation of Act","content":"#### 5 Operation of Act\n\n  This Act applies both within and outside Australia and extends to every external Territory.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Declaration of countries to which Civil Liability Convention applies","content":"#### 6 Declaration of countries to which Civil Liability Convention applies\n\n  The Minister may, by notice published in the Gazette, declare that, for the purposes of this Act, a country or territory, other than Australia, specified in the notice is a country or territory to which the Civil Liability Convention applies.","sortOrder":6},{"sectionNumber":"6A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 6A Application of the Criminal Code\n\n  Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":7},{"sectionNumber":"Part II","sectionType":"part","heading":"Liability and limitation of liability under Convention","content":"An Act relating to civil liability for pollution damage\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 2 Commencement\n\n  (1) This Act shall come into operation on a date to be fixed by Proclamation.\n  (2) The date fixed under subsection (1) shall not be a date earlier than the date on which the International Convention on Civil Liability for Oil Pollution Damage comes into force for Australia.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> applied provisions of the Convention means the provisions of the Convention that, by virtue of section 8, have the force of law as part of the law of the Commonwealth.\n\n> Australia includes the external Territories.\n\n> Authority means the Australian Maritime Safety Authority.\n\n> Civil Liability Convention means the International Convention on Civil Liability for Oil Pollution Damage (a copy of the English text of which is set forth in Schedule 1).\n\n> country to which the Civil Liability Convention applies means a country or territory specified in a notice under section 6.\n\n> regulated Australian vessel: a ship is a regulated Australian vessel if it is a regulated Australian vessel for the purposes of the Navigation Act 2012.\n\n> the 1992 Protocol means the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (a copy of the English text of which is set out in Schedule 2), as amended by resolution LEG.1(82) adopted by the Legal Committee of the International Maritime Organization on 18 October 2000 (a copy of the English text of which is set out in Schedule 3).\n\n> the Convention means Articles I to XII ter, including the model certificate, of the Civil Liability Convention as amended by the 1992 Protocol.\n\n  (2) Except in so far as the contrary intention appears, an expression that is used in either Part II or Part III and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in that Part, the same meaning as in the Convention.\n\n#### 4 Act binds the Crown\n\n  This Act binds the Crown in each of its capacities.\n\n#### 5 Operation of Act\n\n  This Act applies both within and outside Australia and extends to every external Territory.\n\n#### 6 Declaration of countries to which Civil Liability Convention applies\n\n  The Minister may, by notice published in the Gazette, declare that, for the purposes of this Act, a country or territory, other than Australia, specified in the notice is a country or territory to which the Civil Liability Convention applies.\n\n#### 6A Application of the Criminal Code\n\n  Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—Liability and limitation of liability under Convention\n\n#### 7 Application of this Part\n\n  (1) This Part, the applied provisions of the Convention and regulations made for the purposes of section 12 do not apply in relation to a ship that is not a regulated Australian vessel, when the ship is in a particular area, so far as a law of a State or the Northern Territory gives effect to the applied provisions of the Convention in relation to that ship when it is in that area.\n  (2) However, subsection (1) does not apply in relation to an incident that:\n    (a) is an incident Article IV of the Convention applies to; and\n    (b) involves both:\n    (i) one or more ships that are regulated Australian vessels; and\n    (ii) one or more ships that are not regulated Australian vessels.\n\n#### 8 Certain provisions of Convention to have the force of law\n\n  (1) The following provisions of the Convention have the force of law as part of the law of the Commonwealth: Articles I to VI (inclusive), paragraphs 1, 8 and 9 of Article VII, Article VIII, paragraphs 1 and 3 of Article IX, Article XII bis (other than paragraph (b)), paragraph 1 of Article XI.\n  (2) For the purposes of paragraph 1 of Article VII of the Convention as so having the force of law, that paragraph shall be treated as requiring the owner of a ship referred to in that paragraph, being a ship registered in Australia, to maintain the insurance or other financial security referred to in that paragraph.\n\n#### 9 Claims for compensation\n\n  The Supreme Courts of the States are invested with federal jurisdiction, and jurisdiction, to the extent that the Constitution permits, is conferred on the Supreme Courts of the Territories, to hear and determine claims for compensation under the applied provisions of the Convention in respect of incidents:\n    (a) that have caused pollution damage in a place to which the Convention applies; or\n    (b) in relation to which preventive measures have been taken to prevent or minimize pollution damage in a place to which the Convention applies.\n\n#### 10 Applications to determine limit of liability\n\n  (1) Where a claim for compensation under the applied provisions of the Convention is made in the Supreme Court of a State or Territory against, or is apprehended by, the owner of a ship, or the insurer or other person providing financial security for the liability of the owner of a ship for pollution damage, the owner, the insurer or that other person, as the case may be, may apply:\n    (a) in a case where a claim for compensation under the applied provisions of the Convention has been made in the Supreme Court of a State or Territory—to that Court; or\n    (b) in any other case—to the Supreme Court of any State or the Supreme Court of any Territory having jurisdiction under this subsection;\n  to determine whether he or she may limit his or her liability under the applied provisions of the Convention and, if so, the limit of that liability.\n  (2) Where the Supreme Court of a State or Territory determines that a person may limit his or her liability under the applied provisions of the Convention, the Court may make such orders as it thinks fit with respect to the apportionment and distribution, in accordance with those provisions, of a fund for the payment of claims under those provisions.\n  (3) The Supreme Courts of the States are invested with federal jurisdiction, and, jurisdiction, to the extent that the Constitution permits, is conferred on the Supreme Courts of the Territories, to hear and determine proceedings under this section.\n\n#### 11 Transfer of proceedings\n\n  (1) The Supreme Court of a State or Territory in which a claim for compensation has been made under the applied provisions of the Convention, or in which proceedings under section 10 have been instituted, may, if the Court thinks fit, at any stage in the proceedings, upon application or of its own motion, by order, transfer the proceedings to another Supreme Court.\n  (2) Where proceedings are transferred from a Supreme Court in pursuance of subsection (1):\n    (a) all documents filed, and moneys or guarantees lodged, in that Court in those proceedings shall be transmitted by the Registrar or other proper officer of that Court to the Registrar or other proper officer of the Court to which the proceedings are transferred; and\n    (b) the Court to which the proceedings are transferred shall proceed as if the proceedings had been originally instituted in that Court and as if the same proceedings had been taken in that Court as had been taken in the Court from which the proceedings were transferred.\n\n#### 12 Regulations giving effect to applied provisions of Convention etc.\n\n  (1) The regulations may prescribe matters that are necessary or convenient to be prescribed for the purpose of carrying out or giving effect to the applied provisions of the Convention and, for or in connection with that purpose, may make provision for and in relation to:\n    (a) the conversion of the amounts of money referred to in paragraph 1 of Article V of the Convention into amounts of money expressed in the currency of Australia;\n    (b) the kinds of guarantees that are acceptable for the purposes of paragraph 3 of Article V of the Convention;\n    (c) the extent to which the right of subrogation provided for in paragraph 5 of Article V of the Convention may be exercised by a person other than a person referred to in that paragraph; and\n    (d) the ascertainment of the tonnage of a ship, including the estimation of the tonnage of a ship in circumstances where it is not possible or reasonably practicable to measure its tonnage.\n  (2) Subsection (1) shall not be taken as limiting the power of a judge or judges of the Supreme Court of a State or Territory to make rules of court with respect to a matter that is not provided for in the applied provisions of the Convention or in regulations made by virtue of that subsection.\n\n## Part III—Insurance certificates relating to liability for pollution damage\n\n#### 13 Interpretation\n\n  (1) In this Part, Government ship means a ship (including a warship) owned by a country, and includes a ship owned by the Commonwealth or by a State.\n  (2) In this Part:\n    (a) a reference to a contract of insurance, or other financial security, in respect of a ship shall be construed as a reference to a contract of insurance, or other financial security, covering the liability of the owner of the ship under the applied provisions of the Convention for pollution damage caused in Australia or on the territory, including the territorial sea, of a country to which the Civil Liability Convention applies;\n    (b) a reference to the limits of the liability prescribed by paragraph 1 of Article V of the Convention, in relation to a ship, shall be construed as a reference to the amount to which the owner of the ship is entitled, under that paragraph, in its application to the ship as part of the law of the Commonwealth, to limit his or her liability under the Convention in respect of any one incident;\n    (c) a reference to a State shall be construed as including a reference to the Northern Territory.\n\n#### 14 Application\n\n  (1) Subject to subsection (2), this Part applies to every ship that is carrying more than 2,000 tons of oil in bulk as cargo and, where such a ship is unregistered, this Part applies to and in relation to the ship as if it were registered in the country whose flag the ship is flying.\n  (2) This Part does not apply to a Government ship, other than a Government ship that is being used for commercial purposes.\n\n#### 15 Insurance certificates to be carried on certain ships\n\n  (1) Where a ship to which this Part applies enters or leaves, or attempts to enter or leave, a port in Australia, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial sea of Australia, without carrying on board the ship a relevant insurance certificate in respect of the ship, being such a certificate that is in force, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—500 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—500 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—1,000 penalty units.\n  (2) Where a ship to which this Part applies, being a ship registered in Australia, enters or leaves, or attempts to enter or leave, a port in a country other than Australia, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial sea of a country other than Australia, without carrying on board the ship a relevant insurance certificate in respect of the ship, being such a certificate that is in force, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—500 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—500 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—1,000 penalty units.\n  (3) Where, otherwise than in circumstances to which subsection (1) applies or, in the case of a ship registered in Australia, to which subsection (2) applies, at any time a relevant insurance certificate is in force in respect of a ship to which this Part applies and is not carried on board the ship, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—20 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—20 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—50 penalty units.\n  (3A) An offence under subsection (1), (2) or (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (4) An officer may require the master or other person in charge of a ship to which this Part applies to produce a relevant insurance certificate in respect of the ship, being such a certificate that is in force, and, if he or she fails to produce the certificate to the officer, he or she commits an offence against this subsection punishable, upon conviction, by a fine not exceeding 20 penalty units.\n  (4A) An offence under subsection (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (5) Where an officer has reasonable grounds to believe that the master or other person in charge of a ship to which this Part applies is attempting to take the ship out of a port in Australia at a time when a relevant insurance certificate in respect of the ship, being such a certificate that is in force, is not being carried on board the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.\n  (6) This section is not intended to exclude or limit the concurrent operation of a provision of a law of a State giving effect to paragraphs 1, 2 and 3 of Article VII of the Convention in relation to a ship that is not a regulated Australian vessel.\n  (7) For the purposes of this section, a relevant insurance certificate in respect of a ship is:\n    (a) if the ship is registered in Australia and is not a Government ship:\n    (i) in the case of a ship that is a regulated Australian vessel—a certificate issued under section 16 in respect of the ship; or\n    (ii) in the case of a ship that is not a regulated Australian vessel—a certificate issued under section 16 in respect of the ship, or a certificate issued in respect of the ship under a law of a State that makes provision giving effect to paragraphs 1, 2 and 3 of Article VII of the Convention in relation to that ship; or\n    (b) if the ship is registered in a country to which the Civil Liability Convention applies and is not a Government ship—a certificate issued, for the purposes of Article VII of the Convention, by or under the authority of the Government of that country; or\n    (c) if the ship is registered in a country that is not a country to which the Civil Liability Convention applies and is not a Government ship—a certificate issued under section 16 or a certificate that is, under the regulations, to be taken to be a relevant insurance certificate in respect of the ship for the purposes of this paragraph; or\n    (d) if the ship is owned by the Commonwealth—a certificate issued under section 18 in respect of the ship; or\n    (e) if the ship is owned by a State:\n    (i) a certificate issued under section 18 in respect of the ship; or\n    (ii) a certificate issued under a provision of the law of the State that makes provision in relation to ships owned by the State that corresponds with the provisions of section 18 in relation to ships owned by the Commonwealth; or\n    (f) if the ship is owned by the Government of a country other than Australia—a certificate of a kind referred to in subsection 18(1) issued by the Government of that country.\n  (8) In this section, officer means:\n    (a) an officer of Customs within the meaning of the Customs Act 1901; or\n    (b) an inspector within the meaning of the Navigation Act 2012; or\n    (c) a person included in a class of persons declared by the regulations to be a class of officers for the purposes of this section.\n\n#### 16 Issue of insurance certificates\n\n  (1) The owner, master or agent of a ship to which this Part applies, being a ship that is registered in Australia or in a country that is not a country to which the Civil Liability Convention applies, may make application to the Minister for the issue of an insurance certificate in respect of the ship.\n  (2) An application under subsection (1):\n    (a) shall be in accordance with the form approved in an instrument under subsection (2A); and\n    (b) shall be lodged with a person who is a prescribed person for the purposes of this subsection.\n  (2A) The Minister may, by notifiable instrument, approve a form for the purposes of paragraph (2)(a).\n  (2B) The Minister must cause the form to be published on the Authority’s website.\n  (3) Where application is made to the Minister under subsection (1) in respect of a ship, the Minister shall:\n    (a) if he or she is satisfied that the owner of the ship is maintaining insurance or other financial security in respect of the ship in an amount that will cover the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship—issue to the applicant an insurance certificate in respect of the ship; or\n    (b) if he or she is not so satisfied—refuse to issue such a certificate in respect of the ship.\n  (4) An insurance certificate issued under subsection (3) in respect of a ship:\n    (a) shall be in accordance with the form approved in an instrument under subsection (4A), being a form which contains, but is not limited to containing, the particulars specified in paragraph 2 of Article VII of the Convention;\n    (b) comes into force on such day as is specified in the certificate; and\n    (c) remains in force, subject to this Part, until the expiration of such day as is specified in the certificate, being:\n    (i) the day that is the last day in the period of 12 months commencing on the day on which the certificate comes into force; or\n    (ii) the day that the Minister is satisfied is the last day in the balance of the period during which the insurance or other financial security in respect of the ship is to remain in force;\n    whichever is the earlier day.\n  (4A) The Minister may, by notifiable instrument, approve a form for the purposes of paragraph (4)(a).\n  (4B) The Minister must cause the form to be published on the Authority’s website.\n  (5) Such fees (if any) as are prescribed are payable in respect of the issue of an insurance certificate in respect of a ship under this section.\n  (6) Where an insurance certificate is issued under this section in respect of a ship registered in Australia, the Minister shall cause a copy of the certificate to be forwarded to a person who is a prescribed person for the purposes of this subsection.\n\n#### 17 Extension, cancellation and lapsing of insurance certificates\n\n  (1) Where:\n    (a) a ship in respect of which an insurance certificate has been issued under section 16 is not at a port in Australia at the time when the certificate expires or is about to expire; and\n    (b) the Minister is satisfied that, after the day specified in the certificate as the day until which it is to remain in force, there will be in force a contract of insurance or other financial security in respect of the ship in an amount that will cover the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship;\n  the Minister may, if it appears proper and reasonable to do so, extend the certificate for a period that expires on or before the day that the Minister is satisfied is the last day in the balance of the period during which that contract of insurance or other financial security is to remain in force, being a period that does not exceed one month from the day referred to in paragraph (b).\n  (2) An extension of an insurance certificate under subsection (1) is of no further force or effect after the arrival of the ship at a port in Australia.\n  (3) The Minister may cancel an insurance certificate issued under section 16 that is in force in respect of a ship if he or she is satisfied that, by reason of any modification or variation of, or to, the contract of insurance or other financial security in respect of the ship, the owner of the ship will not be covered for an amount that is not less than the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship.\n  (4) If, while an insurance certificate issued under section 16 in respect of a ship registered in Australia or in a country that is not a country to which the Civil Liability Convention applies is in force, the ship ceases to be registered in Australia or in that country, as the case may be, the certificate so issued thereupon ceases to be in force.\n  (5) Where an insurance certificate issued under section 16 in respect of the ship is cancelled under subsection (3) or ceases to be in force by virtue of subsection (4), the master shall forthwith cause the certificate to be lodged with a person referred to in paragraph 16(2)(b).\n\nPenalty: 20 penalty units.\n\n#### 18 Government ships\n\n  (1) Where a ship is owned by the Commonwealth or by a State, the Minister may issue:\n    (a) in the case of a ship owned by the Commonwealth—a certificate certifying that the ship is owned by the Commonwealth and that any liability for pollution damage up to the limits of liability applicable in relation to the ship under Article V of the Convention will be met by the Commonwealth; or\n    (b) in the case of a ship owned by a State—a certificate certifying:\n    (i) that the ship is owned by the State; and\n    (ii) if the Minister is satisfied that any liability for pollution damage up to the limits of liability applicable in relation to the ship under Article V of the Convention will be met by the State—that any such liability will be so met by the State.\n  (2) Subject to subsection (3), a certificate issued under subsection (1) remains in force for such period as is specified in the certificate.\n  (3) If, while a certificate issued under subsection (1) in respect of a ship owned by the Commonwealth or by a State is in force, the ship ceases to be owned by the Commonwealth or by the State, as the case may be, the certificate so issued thereupon ceases to be in force.\n  (4) Every country to which the Civil Liability Convention applies shall, in any proceedings brought in a court in Australia to enforce a claim in respect of a liability incurred under the applied provisions of the Convention, be deemed to have submitted to the jurisdiction of that court and to have waived any defence based on its status as a sovereign country, but nothing in this subsection shall permit the levy of execution against the property of such a country.\n\n#### 19 Review of decisions\n\n  (1) Application may be made to the Administrative Review Tribunal for review of:\n    (a) a decision to refuse to issue an insurance certificate under section 16; or\n    (b) a decision to cancel an insurance certificate under subsection 17(3).\n  (2) Where the Minister makes a decision referred to in subsection (1) and gives to a 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 Administrative Review Tribunal Act 2024, an application may be made to the Administrative Review Tribunal for review of the decision by or on behalf of any person whose interests are affected by the decision.\n  (3) Any failure to comply with the requirements of subsection (2) in relation to a decision does not affect the validity of the decision.\n\n## Part IIIA—Proof of possession of adequate insurance cover by certain ships\n\n#### 19A Definitions\n\n  In this Part:\n\n> Government ship means a ship (including a warship) owned by a country, and includes a ship owned by the Commonwealth or by a State.\n\n> officer means:\n\n    (a) an officer of Customs within the meaning of the Customs Act 1901; or\n    (b) an inspector within the meaning of the Navigation Act 2012; or\n    (c) a member or a special member of the Australian Federal Police within the meaning of the Australian Federal Police Act 1979; or\n    (d) a person included in a class of persons declared by the regulations to be a class of officers for the purposes of this section.\n\n> owner has the same meaning as in the Convention.\n\n> relevant insurance certificate, in relation to a ship, means a document or documents that contain the prescribed information, being information relevant to establishing that the owner of the ship is maintaining insurance or other financial security in respect of the ship that covers the liability of the owner for pollution damage caused in Australia for an amount that is not less than the prescribed amount.\n\n> State includes the Northern Territory.\n\n#### 19B Application\n\n  (1) Subject to subsection (2), this Part applies to a ship:\n    (a) that carries oil as cargo or bunker; and\n    (b) that has a gross tonnage of 400 or more; and\n    (c) to which Part III does not apply; and\n    (d) to which Part 3 of the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 does not apply.\n  (2) This Part does not apply to a Government ship, other than a Government ship that is being used for commercial purposes.\n\n#### 19C Insurance certificates to be carried on ships to which Part applies\n\n  (1) If a ship enters or leaves, or attempts to enter or leave, a port in Australia without carrying on board a relevant insurance certificate in respect of the ship, the master and the owner of the ship each commit an offence punishable, upon conviction, by a fine of not more than 500 penalty units.\n  (2) An officer may require the master or other person in charge of a ship to produce a relevant insurance certificate in respect of the ship and, if the master or other person refuses or fails to produce such a certificate to the officer, he or she commits an offence punishable, upon conviction, by a fine of not more than 20 penalty units.\n  (3) If an officer has reasonable grounds to believe that the master or other person in charge of a ship is attempting to take the ship out of a port in Australia at a time when the ship is not carrying on board a relevant insurance certificate in respect of the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.\n  (4) The master of a ship detained at a port under subsection (3), and the owner of such a ship, each commit an offence punishable on conviction by a fine of not more than 500 penalty units if the ship leaves the port before it has been released from detention.\n  (5) Strict liability applies to subsections (1), (2) and (4).\n  (6) Chapter 2 of the Criminal Code applies to an offence against this section.\n\n## Part IV—Recovery of expenses of Authority under the Protection of the Sea (Powers of Intervention) Act 1981\n\n#### 20 Expenses etc. incurred by Authority debt due to Commonwealth\n\n  (1) Subject to this section, where the Authority incurs any expense or other liability in, or by reason of, the exercise of the Authority’s powers under section 8, 9 or 10 of the Protection of the Sea (Powers of Intervention) Act 1981 in respect of an incident, the amount of that expense or other liability is:\n    (a) if that expense or other liability was incurred in, or by reason of, the exercise of those powers in relation to a single ship—a debt due to the Commonwealth by the owner of that ship; or\n    (b) if that expense or other liability was incurred in, or by reason of, the exercise of those powers in relation to 2 or more ships—a debt due to the Commonwealth jointly and severally by the owners of those ships.\n  (2) Subsection (1) does not apply in relation to the owner of a ship in respect of an incident referred to in that subsection where the owner proves that the incident:\n    (a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character;\n    (b) was wholly caused by an act or omission done by a third party with intent to cause damage; or\n    (c) was wholly caused by the negligence or other wrongful act of any government, or other authority, responsible for the maintenance of lights or other navigational aids in the exercise of its functions in relation to those lights or aids.\n  (3) Subject to subsection (6), where an incident referred to in subsection (1) did not occur as a result of the actual fault or privity of the owner of a ship, the liability of the owner of the ship under subsection (1) in respect of the incident shall not exceed the limit of any liability in respect of the incident that applies to the incident under the provisions of one or more international conventions, being provisions in force in relation to Australia.\n  (4) A debt due to the Commonwealth by a person by virtue of this section may be recovered from the person in any court of competent jurisdiction.\n  (5) This section does not apply in relation to pollution damage within the meaning of the Convention.\n  (7) In this section:\n\n> incident means an occurrence, or a series of occurrences having the same origin.\n\n> owner, in relation to a ship in respect of an incident, means the owner of the ship at the time of the incident or, if the incident consists of a series of occurrences having the same origin, at the time of the first of the occurrences.\n\n> third party, in relation to a ship, means any person other than:\n\n    (a) the owner of the ship;\n    (b) a servant or agent of the owner of the ship; or\n    (c) the master, an officer or any other member of the crew of the ship or of any other ship also owned by the owner of the ship.\n\n#### 21 Expenses etc. incurred by Authority charge on ship\n\n  The amount:\n    (a) that the owner of a ship is liable, or the owners of 2 or more ships are jointly and severally liable, under the applied provisions of the Convention, to pay to the Commonwealth by way of compensation for any expense or other liabilities incurred by the Authority in, or by reason of, the exercise of the Authority’s powers under section 8, 9 or 10 of the Protection of the Sea (Powers of Intervention) Act 1981; or\n    (b) that the owner of a ship is liable, or the owners of 2 or more ships are jointly and severally liable, to pay to the Commonwealth under section 20;\n  is a charge on that ship, or on each of those ships, as the case may be.\n\n#### 22 Detention of ships\n\n  (1) Subject to subsection (2), where an amount is, by virtue of section 21, a charge on a ship, the ship may be detained by a person authorized in writing by the Minister for the purposes of this section and may be so detained until the amount is paid or security for the payment of the amount is provided to the satisfaction of the Minister.\n  (1A) If a ship is detained under this section, the person authorised to detain it may escort it to a port in Australia.\n  (1B) While a ship is detained under this section, 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.\n  (2) Subsection (1) does not apply in relation to a foreign ship unless the ship is in Australian waters or in the exclusive economic zone.\n  (3) Where a ship that has been detained under this section goes to sea before it is released from detention, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction:\n    (a) in the case of the master—by a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both;\n    (b) in the case of the owner, if the owner is not a body corporate—by a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both; or\n    (c) in the case of the owner, if the owner is a body corporate—by a fine not exceeding 100 penalty units.\n  (3A) An offence under subsection (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (4) In this section:\n\n> Australian waters means:\n\n    (a) the territorial sea of Australia; and\n    (b) the sea on the landward side of the territorial sea of Australia.\n\n> exclusive economic zone means the exclusive economic zone, within the meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast of Australia or the coast of an external Territory.\n\n> foreign ship means a ship:\n\n    (a) that is not registered in Australia; and\n    (b) that does not have Australian nationality.\n\n## Part IVA—Recovery of loss etc. incurred by the Authority because of discharges or threatened discharges from ships\n\n#### 22A Recovery of loss etc. by the Authority\n\n  (1) This section applies if the Authority suffers loss or damage, or incurs costs or expenses, in preventing or mitigating or in attempting to prevent or mitigate any pollution damage, because of:\n    (a) a discharge or disposal in contravention of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983; or\n    (b) action taken by the Authority in performance of its function, under paragraph 6(1)(a) of the Australian Maritime Safety Authority Act 1990, to combat pollution in the marine environment caused by a discharge or disposal from a ship, or to combat a threat of pollution in the marine environment caused by a threat of a discharge or disposal from a ship.\n  (2) The Authority may recover from:\n    (a) the owner or the master of the ship from which the discharge or disposal occurred, or from which there was the threat of a discharge or disposal; or\n    (b) any person whose act caused the discharge or disposal, or the threat of a discharge or disposal;\n  the amount of the loss, damage, costs and expenses.\n  (3) The amount is recoverable as a debt in a court of competent jurisdiction.\n\n## Part V—Miscellaneous\n\n#### 23 Prosecution of offences against subsections 15(1), (2) and (3) and 22(3)\n\n  (1) Subject to subsection (2), an offence against subsection 15(1) or (2) or 22(3) is an indictable offence.\n  (2) Notwithstanding that an offence referred to in subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.\n  (3) Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence referred to in subsection (1), the penalty that the court may impose is a fine not exceeding:\n    (a) in the case of a person, not being a body corporate—20 penalty units; and\n    (b) in the case of a person, being a body corporate—50 penalty units.\n  (4) Where, in proceedings for an offence against subsection 15(1), (2) or (3) or 22(3) in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.\n  (5) Any conduct engaged in on behalf of a corporation:\n    (a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or\n    (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;\n  shall be deemed, for the purposes of a provision of this Act that creates an offence, to have been engaged in by the corporation.\n  (6) A reference in subsection (4) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.\n\n#### 24 No time limit for prosecution\n\n  A prosecution for an offence against this Act may be brought at any time.\n\n#### 25 Regulations to give effect to Article X of Convention\n\n  (1) The regulations may make provision for and in relation to giving effect to Article X of the Convention including:\n    (a) provision for investing the Supreme Courts of the States with federal jurisdiction, and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made by virtue of this section; and\n    (b) provision fixing fees to be paid in respect of any matters under regulations made by virtue of this section.\n  (2) Subsection (1) shall not be taken as limiting the power of a judge or judges of the Supreme Court of a State or Territory to make rules of court with respect to a matter that is not provided for in regulations made by virtue of that subsection.\n\n#### 26 Delegation\n\n  (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a person any of his or her powers under this Act, other than this power of delegation.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.\n  (3) A delegation under this section does not prevent the exercise of a power by the Minister.\n\n#### 27 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Application of this Part","content":"#### 7 Application of this Part\n\n  (1) This Part, the applied provisions of the Convention and regulations made for the purposes of section 12 do not apply in relation to a ship that is not a regulated Australian vessel, when the ship is in a particular area, so far as a law of a State or the Northern Territory gives effect to the applied provisions of the Convention in relation to that ship when it is in that area.\n  (2) However, subsection (1) does not apply in relation to an incident that:\n    (a) is an incident Article IV of the Convention applies to; and\n    (b) involves both:\n    (i) one or more ships that are regulated Australian vessels; and\n    (ii) one or more ships that are not regulated Australian vessels.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Certain provisions of Convention to have the force of law","content":"#### 8 Certain provisions of Convention to have the force of law\n\n  (1) The following provisions of the Convention have the force of law as part of the law of the Commonwealth: Articles I to VI (inclusive), paragraphs 1, 8 and 9 of Article VII, Article VIII, paragraphs 1 and 3 of Article IX, Article XII bis (other than paragraph (b)), paragraph 1 of Article XI.\n  (2) For the purposes of paragraph 1 of Article VII of the Convention as so having the force of law, that paragraph shall be treated as requiring the owner of a ship referred to in that paragraph, being a ship registered in Australia, to maintain the insurance or other financial security referred to in that paragraph.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Claims for compensation","content":"#### 9 Claims for compensation\n\n  The Supreme Courts of the States are invested with federal jurisdiction, and jurisdiction, to the extent that the Constitution permits, is conferred on the Supreme Courts of the Territories, to hear and determine claims for compensation under the applied provisions of the Convention in respect of incidents:\n    (a) that have caused pollution damage in a place to which the Convention applies; or\n    (b) in relation to which preventive measures have been taken to prevent or minimize pollution damage in a place to which the Convention applies.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Applications to determine limit of liability","content":"#### 10 Applications to determine limit of liability\n\n  (1) Where a claim for compensation under the applied provisions of the Convention is made in the Supreme Court of a State or Territory against, or is apprehended by, the owner of a ship, or the insurer or other person providing financial security for the liability of the owner of a ship for pollution damage, the owner, the insurer or that other person, as the case may be, may apply:\n    (a) in a case where a claim for compensation under the applied provisions of the Convention has been made in the Supreme Court of a State or Territory—to that Court; or\n    (b) in any other case—to the Supreme Court of any State or the Supreme Court of any Territory having jurisdiction under this subsection;\n  to determine whether he or she may limit his or her liability under the applied provisions of the Convention and, if so, the limit of that liability.\n  (2) Where the Supreme Court of a State or Territory determines that a person may limit his or her liability under the applied provisions of the Convention, the Court may make such orders as it thinks fit with respect to the apportionment and distribution, in accordance with those provisions, of a fund for the payment of claims under those provisions.\n  (3) The Supreme Courts of the States are invested with federal jurisdiction, and, jurisdiction, to the extent that the Constitution permits, is conferred on the Supreme Courts of the Territories, to hear and determine proceedings under this section.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Transfer of proceedings","content":"#### 11 Transfer of proceedings\n\n  (1) The Supreme Court of a State or Territory in which a claim for compensation has been made under the applied provisions of the Convention, or in which proceedings under section 10 have been instituted, may, if the Court thinks fit, at any stage in the proceedings, upon application or of its own motion, by order, transfer the proceedings to another Supreme Court.\n  (2) Where proceedings are transferred from a Supreme Court in pursuance of subsection (1):\n    (a) all documents filed, and moneys or guarantees lodged, in that Court in those proceedings shall be transmitted by the Registrar or other proper officer of that Court to the Registrar or other proper officer of the Court to which the proceedings are transferred; and\n    (b) the Court to which the proceedings are transferred shall proceed as if the proceedings had been originally instituted in that Court and as if the same proceedings had been taken in that Court as had been taken in the Court from which the proceedings were transferred.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Regulations giving effect to applied provisions of Convention etc.","content":"#### 12 Regulations giving effect to applied provisions of Convention etc.\n\n  (1) The regulations may prescribe matters that are necessary or convenient to be prescribed for the purpose of carrying out or giving effect to the applied provisions of the Convention and, for or in connection with that purpose, may make provision for and in relation to:\n    (a) the conversion of the amounts of money referred to in paragraph 1 of Article V of the Convention into amounts of money expressed in the currency of Australia;\n    (b) the kinds of guarantees that are acceptable for the purposes of paragraph 3 of Article V of the Convention;\n    (c) the extent to which the right of subrogation provided for in paragraph 5 of Article V of the Convention may be exercised by a person other than a person referred to in that paragraph; and\n    (d) the ascertainment of the tonnage of a ship, including the estimation of the tonnage of a ship in circumstances where it is not possible or reasonably practicable to measure its tonnage.\n  (2) Subsection (1) shall not be taken as limiting the power of a judge or judges of the Supreme Court of a State or Territory to make rules of court with respect to a matter that is not provided for in the applied provisions of the Convention or in regulations made by virtue of that subsection.","sortOrder":14},{"sectionNumber":"Part III","sectionType":"part","heading":"Insurance certificates relating to liability for pollution damage","content":"An Act relating to civil liability for pollution damage\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 2 Commencement\n\n  (1) This Act shall come into operation on a date to be fixed by Proclamation.\n  (2) The date fixed under subsection (1) shall not be a date earlier than the date on which the International Convention on Civil Liability for Oil Pollution Damage comes into force for Australia.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> applied provisions of the Convention means the provisions of the Convention that, by virtue of section 8, have the force of law as part of the law of the Commonwealth.\n\n> Australia includes the external Territories.\n\n> Authority means the Australian Maritime Safety Authority.\n\n> Civil Liability Convention means the International Convention on Civil Liability for Oil Pollution Damage (a copy of the English text of which is set forth in Schedule 1).\n\n> country to which the Civil Liability Convention applies means a country or territory specified in a notice under section 6.\n\n> regulated Australian vessel: a ship is a regulated Australian vessel if it is a regulated Australian vessel for the purposes of the Navigation Act 2012.\n\n> the 1992 Protocol means the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (a copy of the English text of which is set out in Schedule 2), as amended by resolution LEG.1(82) adopted by the Legal Committee of the International Maritime Organization on 18 October 2000 (a copy of the English text of which is set out in Schedule 3).\n\n> the Convention means Articles I to XII ter, including the model certificate, of the Civil Liability Convention as amended by the 1992 Protocol.\n\n  (2) Except in so far as the contrary intention appears, an expression that is used in either Part II or Part III and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in that Part, the same meaning as in the Convention.\n\n#### 4 Act binds the Crown\n\n  This Act binds the Crown in each of its capacities.\n\n#### 5 Operation of Act\n\n  This Act applies both within and outside Australia and extends to every external Territory.\n\n#### 6 Declaration of countries to which Civil Liability Convention applies\n\n  The Minister may, by notice published in the Gazette, declare that, for the purposes of this Act, a country or territory, other than Australia, specified in the notice is a country or territory to which the Civil Liability Convention applies.\n\n#### 6A Application of the Criminal Code\n\n  Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—Liability and limitation of liability under Convention\n\n#### 7 Application of this Part\n\n  (1) This Part, the applied provisions of the Convention and regulations made for the purposes of section 12 do not apply in relation to a ship that is not a regulated Australian vessel, when the ship is in a particular area, so far as a law of a State or the Northern Territory gives effect to the applied provisions of the Convention in relation to that ship when it is in that area.\n  (2) However, subsection (1) does not apply in relation to an incident that:\n    (a) is an incident Article IV of the Convention applies to; and\n    (b) involves both:\n    (i) one or more ships that are regulated Australian vessels; and\n    (ii) one or more ships that are not regulated Australian vessels.\n\n#### 8 Certain provisions of Convention to have the force of law\n\n  (1) The following provisions of the Convention have the force of law as part of the law of the Commonwealth: Articles I to VI (inclusive), paragraphs 1, 8 and 9 of Article VII, Article VIII, paragraphs 1 and 3 of Article IX, Article XII bis (other than paragraph (b)), paragraph 1 of Article XI.\n  (2) For the purposes of paragraph 1 of Article VII of the Convention as so having the force of law, that paragraph shall be treated as requiring the owner of a ship referred to in that paragraph, being a ship registered in Australia, to maintain the insurance or other financial security referred to in that paragraph.\n\n#### 9 Claims for compensation\n\n  The Supreme Courts of the States are invested with federal jurisdiction, and jurisdiction, to the extent that the Constitution permits, is conferred on the Supreme Courts of the Territories, to hear and determine claims for compensation under the applied provisions of the Convention in respect of incidents:\n    (a) that have caused pollution damage in a place to which the Convention applies; or\n    (b) in relation to which preventive measures have been taken to prevent or minimize pollution damage in a place to which the Convention applies.\n\n#### 10 Applications to determine limit of liability\n\n  (1) Where a claim for compensation under the applied provisions of the Convention is made in the Supreme Court of a State or Territory against, or is apprehended by, the owner of a ship, or the insurer or other person providing financial security for the liability of the owner of a ship for pollution damage, the owner, the insurer or that other person, as the case may be, may apply:\n    (a) in a case where a claim for compensation under the applied provisions of the Convention has been made in the Supreme Court of a State or Territory—to that Court; or\n    (b) in any other case—to the Supreme Court of any State or the Supreme Court of any Territory having jurisdiction under this subsection;\n  to determine whether he or she may limit his or her liability under the applied provisions of the Convention and, if so, the limit of that liability.\n  (2) Where the Supreme Court of a State or Territory determines that a person may limit his or her liability under the applied provisions of the Convention, the Court may make such orders as it thinks fit with respect to the apportionment and distribution, in accordance with those provisions, of a fund for the payment of claims under those provisions.\n  (3) The Supreme Courts of the States are invested with federal jurisdiction, and, jurisdiction, to the extent that the Constitution permits, is conferred on the Supreme Courts of the Territories, to hear and determine proceedings under this section.\n\n#### 11 Transfer of proceedings\n\n  (1) The Supreme Court of a State or Territory in which a claim for compensation has been made under the applied provisions of the Convention, or in which proceedings under section 10 have been instituted, may, if the Court thinks fit, at any stage in the proceedings, upon application or of its own motion, by order, transfer the proceedings to another Supreme Court.\n  (2) Where proceedings are transferred from a Supreme Court in pursuance of subsection (1):\n    (a) all documents filed, and moneys or guarantees lodged, in that Court in those proceedings shall be transmitted by the Registrar or other proper officer of that Court to the Registrar or other proper officer of the Court to which the proceedings are transferred; and\n    (b) the Court to which the proceedings are transferred shall proceed as if the proceedings had been originally instituted in that Court and as if the same proceedings had been taken in that Court as had been taken in the Court from which the proceedings were transferred.\n\n#### 12 Regulations giving effect to applied provisions of Convention etc.\n\n  (1) The regulations may prescribe matters that are necessary or convenient to be prescribed for the purpose of carrying out or giving effect to the applied provisions of the Convention and, for or in connection with that purpose, may make provision for and in relation to:\n    (a) the conversion of the amounts of money referred to in paragraph 1 of Article V of the Convention into amounts of money expressed in the currency of Australia;\n    (b) the kinds of guarantees that are acceptable for the purposes of paragraph 3 of Article V of the Convention;\n    (c) the extent to which the right of subrogation provided for in paragraph 5 of Article V of the Convention may be exercised by a person other than a person referred to in that paragraph; and\n    (d) the ascertainment of the tonnage of a ship, including the estimation of the tonnage of a ship in circumstances where it is not possible or reasonably practicable to measure its tonnage.\n  (2) Subsection (1) shall not be taken as limiting the power of a judge or judges of the Supreme Court of a State or Territory to make rules of court with respect to a matter that is not provided for in the applied provisions of the Convention or in regulations made by virtue of that subsection.\n\n## Part III—Insurance certificates relating to liability for pollution damage\n\n#### 13 Interpretation\n\n  (1) In this Part, Government ship means a ship (including a warship) owned by a country, and includes a ship owned by the Commonwealth or by a State.\n  (2) In this Part:\n    (a) a reference to a contract of insurance, or other financial security, in respect of a ship shall be construed as a reference to a contract of insurance, or other financial security, covering the liability of the owner of the ship under the applied provisions of the Convention for pollution damage caused in Australia or on the territory, including the territorial sea, of a country to which the Civil Liability Convention applies;\n    (b) a reference to the limits of the liability prescribed by paragraph 1 of Article V of the Convention, in relation to a ship, shall be construed as a reference to the amount to which the owner of the ship is entitled, under that paragraph, in its application to the ship as part of the law of the Commonwealth, to limit his or her liability under the Convention in respect of any one incident;\n    (c) a reference to a State shall be construed as including a reference to the Northern Territory.\n\n#### 14 Application\n\n  (1) Subject to subsection (2), this Part applies to every ship that is carrying more than 2,000 tons of oil in bulk as cargo and, where such a ship is unregistered, this Part applies to and in relation to the ship as if it were registered in the country whose flag the ship is flying.\n  (2) This Part does not apply to a Government ship, other than a Government ship that is being used for commercial purposes.\n\n#### 15 Insurance certificates to be carried on certain ships\n\n  (1) Where a ship to which this Part applies enters or leaves, or attempts to enter or leave, a port in Australia, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial sea of Australia, without carrying on board the ship a relevant insurance certificate in respect of the ship, being such a certificate that is in force, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—500 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—500 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—1,000 penalty units.\n  (2) Where a ship to which this Part applies, being a ship registered in Australia, enters or leaves, or attempts to enter or leave, a port in a country other than Australia, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial sea of a country other than Australia, without carrying on board the ship a relevant insurance certificate in respect of the ship, being such a certificate that is in force, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—500 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—500 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—1,000 penalty units.\n  (3) Where, otherwise than in circumstances to which subsection (1) applies or, in the case of a ship registered in Australia, to which subsection (2) applies, at any time a relevant insurance certificate is in force in respect of a ship to which this Part applies and is not carried on board the ship, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—20 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—20 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—50 penalty units.\n  (3A) An offence under subsection (1), (2) or (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (4) An officer may require the master or other person in charge of a ship to which this Part applies to produce a relevant insurance certificate in respect of the ship, being such a certificate that is in force, and, if he or she fails to produce the certificate to the officer, he or she commits an offence against this subsection punishable, upon conviction, by a fine not exceeding 20 penalty units.\n  (4A) An offence under subsection (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (5) Where an officer has reasonable grounds to believe that the master or other person in charge of a ship to which this Part applies is attempting to take the ship out of a port in Australia at a time when a relevant insurance certificate in respect of the ship, being such a certificate that is in force, is not being carried on board the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.\n  (6) This section is not intended to exclude or limit the concurrent operation of a provision of a law of a State giving effect to paragraphs 1, 2 and 3 of Article VII of the Convention in relation to a ship that is not a regulated Australian vessel.\n  (7) For the purposes of this section, a relevant insurance certificate in respect of a ship is:\n    (a) if the ship is registered in Australia and is not a Government ship:\n    (i) in the case of a ship that is a regulated Australian vessel—a certificate issued under section 16 in respect of the ship; or\n    (ii) in the case of a ship that is not a regulated Australian vessel—a certificate issued under section 16 in respect of the ship, or a certificate issued in respect of the ship under a law of a State that makes provision giving effect to paragraphs 1, 2 and 3 of Article VII of the Convention in relation to that ship; or\n    (b) if the ship is registered in a country to which the Civil Liability Convention applies and is not a Government ship—a certificate issued, for the purposes of Article VII of the Convention, by or under the authority of the Government of that country; or\n    (c) if the ship is registered in a country that is not a country to which the Civil Liability Convention applies and is not a Government ship—a certificate issued under section 16 or a certificate that is, under the regulations, to be taken to be a relevant insurance certificate in respect of the ship for the purposes of this paragraph; or\n    (d) if the ship is owned by the Commonwealth—a certificate issued under section 18 in respect of the ship; or\n    (e) if the ship is owned by a State:\n    (i) a certificate issued under section 18 in respect of the ship; or\n    (ii) a certificate issued under a provision of the law of the State that makes provision in relation to ships owned by the State that corresponds with the provisions of section 18 in relation to ships owned by the Commonwealth; or\n    (f) if the ship is owned by the Government of a country other than Australia—a certificate of a kind referred to in subsection 18(1) issued by the Government of that country.\n  (8) In this section, officer means:\n    (a) an officer of Customs within the meaning of the Customs Act 1901; or\n    (b) an inspector within the meaning of the Navigation Act 2012; or\n    (c) a person included in a class of persons declared by the regulations to be a class of officers for the purposes of this section.\n\n#### 16 Issue of insurance certificates\n\n  (1) The owner, master or agent of a ship to which this Part applies, being a ship that is registered in Australia or in a country that is not a country to which the Civil Liability Convention applies, may make application to the Minister for the issue of an insurance certificate in respect of the ship.\n  (2) An application under subsection (1):\n    (a) shall be in accordance with the form approved in an instrument under subsection (2A); and\n    (b) shall be lodged with a person who is a prescribed person for the purposes of this subsection.\n  (2A) The Minister may, by notifiable instrument, approve a form for the purposes of paragraph (2)(a).\n  (2B) The Minister must cause the form to be published on the Authority’s website.\n  (3) Where application is made to the Minister under subsection (1) in respect of a ship, the Minister shall:\n    (a) if he or she is satisfied that the owner of the ship is maintaining insurance or other financial security in respect of the ship in an amount that will cover the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship—issue to the applicant an insurance certificate in respect of the ship; or\n    (b) if he or she is not so satisfied—refuse to issue such a certificate in respect of the ship.\n  (4) An insurance certificate issued under subsection (3) in respect of a ship:\n    (a) shall be in accordance with the form approved in an instrument under subsection (4A), being a form which contains, but is not limited to containing, the particulars specified in paragraph 2 of Article VII of the Convention;\n    (b) comes into force on such day as is specified in the certificate; and\n    (c) remains in force, subject to this Part, until the expiration of such day as is specified in the certificate, being:\n    (i) the day that is the last day in the period of 12 months commencing on the day on which the certificate comes into force; or\n    (ii) the day that the Minister is satisfied is the last day in the balance of the period during which the insurance or other financial security in respect of the ship is to remain in force;\n    whichever is the earlier day.\n  (4A) The Minister may, by notifiable instrument, approve a form for the purposes of paragraph (4)(a).\n  (4B) The Minister must cause the form to be published on the Authority’s website.\n  (5) Such fees (if any) as are prescribed are payable in respect of the issue of an insurance certificate in respect of a ship under this section.\n  (6) Where an insurance certificate is issued under this section in respect of a ship registered in Australia, the Minister shall cause a copy of the certificate to be forwarded to a person who is a prescribed person for the purposes of this subsection.\n\n#### 17 Extension, cancellation and lapsing of insurance certificates\n\n  (1) Where:\n    (a) a ship in respect of which an insurance certificate has been issued under section 16 is not at a port in Australia at the time when the certificate expires or is about to expire; and\n    (b) the Minister is satisfied that, after the day specified in the certificate as the day until which it is to remain in force, there will be in force a contract of insurance or other financial security in respect of the ship in an amount that will cover the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship;\n  the Minister may, if it appears proper and reasonable to do so, extend the certificate for a period that expires on or before the day that the Minister is satisfied is the last day in the balance of the period during which that contract of insurance or other financial security is to remain in force, being a period that does not exceed one month from the day referred to in paragraph (b).\n  (2) An extension of an insurance certificate under subsection (1) is of no further force or effect after the arrival of the ship at a port in Australia.\n  (3) The Minister may cancel an insurance certificate issued under section 16 that is in force in respect of a ship if he or she is satisfied that, by reason of any modification or variation of, or to, the contract of insurance or other financial security in respect of the ship, the owner of the ship will not be covered for an amount that is not less than the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship.\n  (4) If, while an insurance certificate issued under section 16 in respect of a ship registered in Australia or in a country that is not a country to which the Civil Liability Convention applies is in force, the ship ceases to be registered in Australia or in that country, as the case may be, the certificate so issued thereupon ceases to be in force.\n  (5) Where an insurance certificate issued under section 16 in respect of the ship is cancelled under subsection (3) or ceases to be in force by virtue of subsection (4), the master shall forthwith cause the certificate to be lodged with a person referred to in paragraph 16(2)(b).\n\nPenalty: 20 penalty units.\n\n#### 18 Government ships\n\n  (1) Where a ship is owned by the Commonwealth or by a State, the Minister may issue:\n    (a) in the case of a ship owned by the Commonwealth—a certificate certifying that the ship is owned by the Commonwealth and that any liability for pollution damage up to the limits of liability applicable in relation to the ship under Article V of the Convention will be met by the Commonwealth; or\n    (b) in the case of a ship owned by a State—a certificate certifying:\n    (i) that the ship is owned by the State; and\n    (ii) if the Minister is satisfied that any liability for pollution damage up to the limits of liability applicable in relation to the ship under Article V of the Convention will be met by the State—that any such liability will be so met by the State.\n  (2) Subject to subsection (3), a certificate issued under subsection (1) remains in force for such period as is specified in the certificate.\n  (3) If, while a certificate issued under subsection (1) in respect of a ship owned by the Commonwealth or by a State is in force, the ship ceases to be owned by the Commonwealth or by the State, as the case may be, the certificate so issued thereupon ceases to be in force.\n  (4) Every country to which the Civil Liability Convention applies shall, in any proceedings brought in a court in Australia to enforce a claim in respect of a liability incurred under the applied provisions of the Convention, be deemed to have submitted to the jurisdiction of that court and to have waived any defence based on its status as a sovereign country, but nothing in this subsection shall permit the levy of execution against the property of such a country.\n\n#### 19 Review of decisions\n\n  (1) Application may be made to the Administrative Review Tribunal for review of:\n    (a) a decision to refuse to issue an insurance certificate under section 16; or\n    (b) a decision to cancel an insurance certificate under subsection 17(3).\n  (2) Where the Minister makes a decision referred to in subsection (1) and gives to a 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 Administrative Review Tribunal Act 2024, an application may be made to the Administrative Review Tribunal for review of the decision by or on behalf of any person whose interests are affected by the decision.\n  (3) Any failure to comply with the requirements of subsection (2) in relation to a decision does not affect the validity of the decision.\n\n## Part IIIA—Proof of possession of adequate insurance cover by certain ships\n\n#### 19A Definitions\n\n  In this Part:\n\n> Government ship means a ship (including a warship) owned by a country, and includes a ship owned by the Commonwealth or by a State.\n\n> officer means:\n\n    (a) an officer of Customs within the meaning of the Customs Act 1901; or\n    (b) an inspector within the meaning of the Navigation Act 2012; or\n    (c) a member or a special member of the Australian Federal Police within the meaning of the Australian Federal Police Act 1979; or\n    (d) a person included in a class of persons declared by the regulations to be a class of officers for the purposes of this section.\n\n> owner has the same meaning as in the Convention.\n\n> relevant insurance certificate, in relation to a ship, means a document or documents that contain the prescribed information, being information relevant to establishing that the owner of the ship is maintaining insurance or other financial security in respect of the ship that covers the liability of the owner for pollution damage caused in Australia for an amount that is not less than the prescribed amount.\n\n> State includes the Northern Territory.\n\n#### 19B Application\n\n  (1) Subject to subsection (2), this Part applies to a ship:\n    (a) that carries oil as cargo or bunker; and\n    (b) that has a gross tonnage of 400 or more; and\n    (c) to which Part III does not apply; and\n    (d) to which Part 3 of the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 does not apply.\n  (2) This Part does not apply to a Government ship, other than a Government ship that is being used for commercial purposes.\n\n#### 19C Insurance certificates to be carried on ships to which Part applies\n\n  (1) If a ship enters or leaves, or attempts to enter or leave, a port in Australia without carrying on board a relevant insurance certificate in respect of the ship, the master and the owner of the ship each commit an offence punishable, upon conviction, by a fine of not more than 500 penalty units.\n  (2) An officer may require the master or other person in charge of a ship to produce a relevant insurance certificate in respect of the ship and, if the master or other person refuses or fails to produce such a certificate to the officer, he or she commits an offence punishable, upon conviction, by a fine of not more than 20 penalty units.\n  (3) If an officer has reasonable grounds to believe that the master or other person in charge of a ship is attempting to take the ship out of a port in Australia at a time when the ship is not carrying on board a relevant insurance certificate in respect of the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.\n  (4) The master of a ship detained at a port under subsection (3), and the owner of such a ship, each commit an offence punishable on conviction by a fine of not more than 500 penalty units if the ship leaves the port before it has been released from detention.\n  (5) Strict liability applies to subsections (1), (2) and (4).\n  (6) Chapter 2 of the Criminal Code applies to an offence against this section.\n\n## Part IV—Recovery of expenses of Authority under the Protection of the Sea (Powers of Intervention) Act 1981\n\n#### 20 Expenses etc. incurred by Authority debt due to Commonwealth\n\n  (1) Subject to this section, where the Authority incurs any expense or other liability in, or by reason of, the exercise of the Authority’s powers under section 8, 9 or 10 of the Protection of the Sea (Powers of Intervention) Act 1981 in respect of an incident, the amount of that expense or other liability is:\n    (a) if that expense or other liability was incurred in, or by reason of, the exercise of those powers in relation to a single ship—a debt due to the Commonwealth by the owner of that ship; or\n    (b) if that expense or other liability was incurred in, or by reason of, the exercise of those powers in relation to 2 or more ships—a debt due to the Commonwealth jointly and severally by the owners of those ships.\n  (2) Subsection (1) does not apply in relation to the owner of a ship in respect of an incident referred to in that subsection where the owner proves that the incident:\n    (a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character;\n    (b) was wholly caused by an act or omission done by a third party with intent to cause damage; or\n    (c) was wholly caused by the negligence or other wrongful act of any government, or other authority, responsible for the maintenance of lights or other navigational aids in the exercise of its functions in relation to those lights or aids.\n  (3) Subject to subsection (6), where an incident referred to in subsection (1) did not occur as a result of the actual fault or privity of the owner of a ship, the liability of the owner of the ship under subsection (1) in respect of the incident shall not exceed the limit of any liability in respect of the incident that applies to the incident under the provisions of one or more international conventions, being provisions in force in relation to Australia.\n  (4) A debt due to the Commonwealth by a person by virtue of this section may be recovered from the person in any court of competent jurisdiction.\n  (5) This section does not apply in relation to pollution damage within the meaning of the Convention.\n  (7) In this section:\n\n> incident means an occurrence, or a series of occurrences having the same origin.\n\n> owner, in relation to a ship in respect of an incident, means the owner of the ship at the time of the incident or, if the incident consists of a series of occurrences having the same origin, at the time of the first of the occurrences.\n\n> third party, in relation to a ship, means any person other than:\n\n    (a) the owner of the ship;\n    (b) a servant or agent of the owner of the ship; or\n    (c) the master, an officer or any other member of the crew of the ship or of any other ship also owned by the owner of the ship.\n\n#### 21 Expenses etc. incurred by Authority charge on ship\n\n  The amount:\n    (a) that the owner of a ship is liable, or the owners of 2 or more ships are jointly and severally liable, under the applied provisions of the Convention, to pay to the Commonwealth by way of compensation for any expense or other liabilities incurred by the Authority in, or by reason of, the exercise of the Authority’s powers under section 8, 9 or 10 of the Protection of the Sea (Powers of Intervention) Act 1981; or\n    (b) that the owner of a ship is liable, or the owners of 2 or more ships are jointly and severally liable, to pay to the Commonwealth under section 20;\n  is a charge on that ship, or on each of those ships, as the case may be.\n\n#### 22 Detention of ships\n\n  (1) Subject to subsection (2), where an amount is, by virtue of section 21, a charge on a ship, the ship may be detained by a person authorized in writing by the Minister for the purposes of this section and may be so detained until the amount is paid or security for the payment of the amount is provided to the satisfaction of the Minister.\n  (1A) If a ship is detained under this section, the person authorised to detain it may escort it to a port in Australia.\n  (1B) While a ship is detained under this section, 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.\n  (2) Subsection (1) does not apply in relation to a foreign ship unless the ship is in Australian waters or in the exclusive economic zone.\n  (3) Where a ship that has been detained under this section goes to sea before it is released from detention, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction:\n    (a) in the case of the master—by a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both;\n    (b) in the case of the owner, if the owner is not a body corporate—by a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both; or\n    (c) in the case of the owner, if the owner is a body corporate—by a fine not exceeding 100 penalty units.\n  (3A) An offence under subsection (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (4) In this section:\n\n> Australian waters means:\n\n    (a) the territorial sea of Australia; and\n    (b) the sea on the landward side of the territorial sea of Australia.\n\n> exclusive economic zone means the exclusive economic zone, within the meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast of Australia or the coast of an external Territory.\n\n> foreign ship means a ship:\n\n    (a) that is not registered in Australia; and\n    (b) that does not have Australian nationality.\n\n## Part IVA—Recovery of loss etc. incurred by the Authority because of discharges or threatened discharges from ships\n\n#### 22A Recovery of loss etc. by the Authority\n\n  (1) This section applies if the Authority suffers loss or damage, or incurs costs or expenses, in preventing or mitigating or in attempting to prevent or mitigate any pollution damage, because of:\n    (a) a discharge or disposal in contravention of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983; or\n    (b) action taken by the Authority in performance of its function, under paragraph 6(1)(a) of the Australian Maritime Safety Authority Act 1990, to combat pollution in the marine environment caused by a discharge or disposal from a ship, or to combat a threat of pollution in the marine environment caused by a threat of a discharge or disposal from a ship.\n  (2) The Authority may recover from:\n    (a) the owner or the master of the ship from which the discharge or disposal occurred, or from which there was the threat of a discharge or disposal; or\n    (b) any person whose act caused the discharge or disposal, or the threat of a discharge or disposal;\n  the amount of the loss, damage, costs and expenses.\n  (3) The amount is recoverable as a debt in a court of competent jurisdiction.\n\n## Part V—Miscellaneous\n\n#### 23 Prosecution of offences against subsections 15(1), (2) and (3) and 22(3)\n\n  (1) Subject to subsection (2), an offence against subsection 15(1) or (2) or 22(3) is an indictable offence.\n  (2) Notwithstanding that an offence referred to in subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.\n  (3) Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence referred to in subsection (1), the penalty that the court may impose is a fine not exceeding:\n    (a) in the case of a person, not being a body corporate—20 penalty units; and\n    (b) in the case of a person, being a body corporate—50 penalty units.\n  (4) Where, in proceedings for an offence against subsection 15(1), (2) or (3) or 22(3) in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.\n  (5) Any conduct engaged in on behalf of a corporation:\n    (a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or\n    (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;\n  shall be deemed, for the purposes of a provision of this Act that creates an offence, to have been engaged in by the corporation.\n  (6) A reference in subsection (4) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.\n\n#### 24 No time limit for prosecution\n\n  A prosecution for an offence against this Act may be brought at any time.\n\n#### 25 Regulations to give effect to Article X of Convention\n\n  (1) The regulations may make provision for and in relation to giving effect to Article X of the Convention including:\n    (a) provision for investing the Supreme Courts of the States with federal jurisdiction, and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made by virtue of this section; and\n    (b) provision fixing fees to be paid in respect of any matters under regulations made by virtue of this section.\n  (2) Subsection (1) shall not be taken as limiting the power of a judge or judges of the Supreme Court of a State or Territory to make rules of court with respect to a matter that is not provided for in regulations made by virtue of that subsection.\n\n#### 26 Delegation\n\n  (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a person any of his or her powers under this Act, other than this power of delegation.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.\n  (3) A delegation under this section does not prevent the exercise of a power by the Minister.\n\n#### 27 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Interpretation","content":"#### 13 Interpretation\n\n  (1) In this Part, Government ship means a ship (including a warship) owned by a country, and includes a ship owned by the Commonwealth or by a State.\n  (2) In this Part:\n    (a) a reference to a contract of insurance, or other financial security, in respect of a ship shall be construed as a reference to a contract of insurance, or other financial security, covering the liability of the owner of the ship under the applied provisions of the Convention for pollution damage caused in Australia or on the territory, including the territorial sea, of a country to which the Civil Liability Convention applies;\n    (b) a reference to the limits of the liability prescribed by paragraph 1 of Article V of the Convention, in relation to a ship, shall be construed as a reference to the amount to which the owner of the ship is entitled, under that paragraph, in its application to the ship as part of the law of the Commonwealth, to limit his or her liability under the Convention in respect of any one incident;\n    (c) a reference to a State shall be construed as including a reference to the Northern Territory.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Application","content":"#### 14 Application\n\n  (1) Subject to subsection (2), this Part applies to every ship that is carrying more than 2,000 tons of oil in bulk as cargo and, where such a ship is unregistered, this Part applies to and in relation to the ship as if it were registered in the country whose flag the ship is flying.\n  (2) This Part does not apply to a Government ship, other than a Government ship that is being used for commercial purposes.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Insurance certificates to be carried on certain ships","content":"#### 15 Insurance certificates to be carried on certain ships\n\n  (1) Where a ship to which this Part applies enters or leaves, or attempts to enter or leave, a port in Australia, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial sea of Australia, without carrying on board the ship a relevant insurance certificate in respect of the ship, being such a certificate that is in force, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—500 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—500 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—1,000 penalty units.\n  (2) Where a ship to which this Part applies, being a ship registered in Australia, enters or leaves, or attempts to enter or leave, a port in a country other than Australia, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial sea of a country other than Australia, without carrying on board the ship a relevant insurance certificate in respect of the ship, being such a certificate that is in force, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—500 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—500 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—1,000 penalty units.\n  (3) Where, otherwise than in circumstances to which subsection (1) applies or, in the case of a ship registered in Australia, to which subsection (2) applies, at any time a relevant insurance certificate is in force in respect of a ship to which this Part applies and is not carried on board the ship, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—20 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—20 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—50 penalty units.\n  (3A) An offence under subsection (1), (2) or (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (4) An officer may require the master or other person in charge of a ship to which this Part applies to produce a relevant insurance certificate in respect of the ship, being such a certificate that is in force, and, if he or she fails to produce the certificate to the officer, he or she commits an offence against this subsection punishable, upon conviction, by a fine not exceeding 20 penalty units.\n  (4A) An offence under subsection (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (5) Where an officer has reasonable grounds to believe that the master or other person in charge of a ship to which this Part applies is attempting to take the ship out of a port in Australia at a time when a relevant insurance certificate in respect of the ship, being such a certificate that is in force, is not being carried on board the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.\n  (6) This section is not intended to exclude or limit the concurrent operation of a provision of a law of a State giving effect to paragraphs 1, 2 and 3 of Article VII of the Convention in relation to a ship that is not a regulated Australian vessel.\n  (7) For the purposes of this section, a relevant insurance certificate in respect of a ship is:\n    (a) if the ship is registered in Australia and is not a Government ship:\n    (i) in the case of a ship that is a regulated Australian vessel—a certificate issued under section 16 in respect of the ship; or\n    (ii) in the case of a ship that is not a regulated Australian vessel—a certificate issued under section 16 in respect of the ship, or a certificate issued in respect of the ship under a law of a State that makes provision giving effect to paragraphs 1, 2 and 3 of Article VII of the Convention in relation to that ship; or\n    (b) if the ship is registered in a country to which the Civil Liability Convention applies and is not a Government ship—a certificate issued, for the purposes of Article VII of the Convention, by or under the authority of the Government of that country; or\n    (c) if the ship is registered in a country that is not a country to which the Civil Liability Convention applies and is not a Government ship—a certificate issued under section 16 or a certificate that is, under the regulations, to be taken to be a relevant insurance certificate in respect of the ship for the purposes of this paragraph; or\n    (d) if the ship is owned by the Commonwealth—a certificate issued under section 18 in respect of the ship; or\n    (e) if the ship is owned by a State:\n    (i) a certificate issued under section 18 in respect of the ship; or\n    (ii) a certificate issued under a provision of the law of the State that makes provision in relation to ships owned by the State that corresponds with the provisions of section 18 in relation to ships owned by the Commonwealth; or\n    (f) if the ship is owned by the Government of a country other than Australia—a certificate of a kind referred to in subsection 18(1) issued by the Government of that country.\n  (8) In this section, officer means:\n    (a) an officer of Customs within the meaning of the Customs Act 1901; or\n    (b) an inspector within the meaning of the Navigation Act 2012; or\n    (c) a person included in a class of persons declared by the regulations to be a class of officers for the purposes of this section.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Issue of insurance certificates","content":"#### 16 Issue of insurance certificates\n\n  (1) The owner, master or agent of a ship to which this Part applies, being a ship that is registered in Australia or in a country that is not a country to which the Civil Liability Convention applies, may make application to the Minister for the issue of an insurance certificate in respect of the ship.\n  (2) An application under subsection (1):\n    (a) shall be in accordance with the form approved in an instrument under subsection (2A); and\n    (b) shall be lodged with a person who is a prescribed person for the purposes of this subsection.\n  (2A) The Minister may, by notifiable instrument, approve a form for the purposes of paragraph (2)(a).\n  (2B) The Minister must cause the form to be published on the Authority’s website.\n  (3) Where application is made to the Minister under subsection (1) in respect of a ship, the Minister shall:\n    (a) if he or she is satisfied that the owner of the ship is maintaining insurance or other financial security in respect of the ship in an amount that will cover the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship—issue to the applicant an insurance certificate in respect of the ship; or\n    (b) if he or she is not so satisfied—refuse to issue such a certificate in respect of the ship.\n  (4) An insurance certificate issued under subsection (3) in respect of a ship:\n    (a) shall be in accordance with the form approved in an instrument under subsection (4A), being a form which contains, but is not limited to containing, the particulars specified in paragraph 2 of Article VII of the Convention;\n    (b) comes into force on such day as is specified in the certificate; and\n    (c) remains in force, subject to this Part, until the expiration of such day as is specified in the certificate, being:\n    (i) the day that is the last day in the period of 12 months commencing on the day on which the certificate comes into force; or\n    (ii) the day that the Minister is satisfied is the last day in the balance of the period during which the insurance or other financial security in respect of the ship is to remain in force;\n    whichever is the earlier day.\n  (4A) The Minister may, by notifiable instrument, approve a form for the purposes of paragraph (4)(a).\n  (4B) The Minister must cause the form to be published on the Authority’s website.\n  (5) Such fees (if any) as are prescribed are payable in respect of the issue of an insurance certificate in respect of a ship under this section.\n  (6) Where an insurance certificate is issued under this section in respect of a ship registered in Australia, the Minister shall cause a copy of the certificate to be forwarded to a person who is a prescribed person for the purposes of this subsection.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Extension, cancellation and lapsing of insurance certificates","content":"#### 17 Extension, cancellation and lapsing of insurance certificates\n\n  (1) Where:\n    (a) a ship in respect of which an insurance certificate has been issued under section 16 is not at a port in Australia at the time when the certificate expires or is about to expire; and\n    (b) the Minister is satisfied that, after the day specified in the certificate as the day until which it is to remain in force, there will be in force a contract of insurance or other financial security in respect of the ship in an amount that will cover the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship;\n  the Minister may, if it appears proper and reasonable to do so, extend the certificate for a period that expires on or before the day that the Minister is satisfied is the last day in the balance of the period during which that contract of insurance or other financial security is to remain in force, being a period that does not exceed one month from the day referred to in paragraph (b).\n  (2) An extension of an insurance certificate under subsection (1) is of no further force or effect after the arrival of the ship at a port in Australia.\n  (3) The Minister may cancel an insurance certificate issued under section 16 that is in force in respect of a ship if he or she is satisfied that, by reason of any modification or variation of, or to, the contract of insurance or other financial security in respect of the ship, the owner of the ship will not be covered for an amount that is not less than the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship.\n  (4) If, while an insurance certificate issued under section 16 in respect of a ship registered in Australia or in a country that is not a country to which the Civil Liability Convention applies is in force, the ship ceases to be registered in Australia or in that country, as the case may be, the certificate so issued thereupon ceases to be in force.\n  (5) Where an insurance certificate issued under section 16 in respect of the ship is cancelled under subsection (3) or ceases to be in force by virtue of subsection (4), the master shall forthwith cause the certificate to be lodged with a person referred to in paragraph 16(2)(b).\n\nPenalty: 20 penalty units.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Government ships","content":"#### 18 Government ships\n\n  (1) Where a ship is owned by the Commonwealth or by a State, the Minister may issue:\n    (a) in the case of a ship owned by the Commonwealth—a certificate certifying that the ship is owned by the Commonwealth and that any liability for pollution damage up to the limits of liability applicable in relation to the ship under Article V of the Convention will be met by the Commonwealth; or\n    (b) in the case of a ship owned by a State—a certificate certifying:\n    (i) that the ship is owned by the State; and\n    (ii) if the Minister is satisfied that any liability for pollution damage up to the limits of liability applicable in relation to the ship under Article V of the Convention will be met by the State—that any such liability will be so met by the State.\n  (2) Subject to subsection (3), a certificate issued under subsection (1) remains in force for such period as is specified in the certificate.\n  (3) If, while a certificate issued under subsection (1) in respect of a ship owned by the Commonwealth or by a State is in force, the ship ceases to be owned by the Commonwealth or by the State, as the case may be, the certificate so issued thereupon ceases to be in force.\n  (4) Every country to which the Civil Liability Convention applies shall, in any proceedings brought in a court in Australia to enforce a claim in respect of a liability incurred under the applied provisions of the Convention, be deemed to have submitted to the jurisdiction of that court and to have waived any defence based on its status as a sovereign country, but nothing in this subsection shall permit the levy of execution against the property of such a country.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Review of decisions","content":"#### 19 Review of decisions\n\n  (1) Application may be made to the Administrative Review Tribunal for review of:\n    (a) a decision to refuse to issue an insurance certificate under section 16; or\n    (b) a decision to cancel an insurance certificate under subsection 17(3).\n  (2) Where the Minister makes a decision referred to in subsection (1) and gives to a 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 Administrative Review Tribunal Act 2024, an application may be made to the Administrative Review Tribunal for review of the decision by or on behalf of any person whose interests are affected by the decision.\n  (3) Any failure to comply with the requirements of subsection (2) in relation to a decision does not affect the validity of the decision.","sortOrder":22},{"sectionNumber":"Part IIIA","sectionType":"part","heading":"Proof of possession of adequate insurance cover by certain ships","content":"## Part IIIA—Proof of possession of adequate insurance cover by certain ships","sortOrder":23},{"sectionNumber":"19A","sectionType":"section","heading":"Definitions","content":"#### 19A Definitions\n\n  In this Part:\n\n> Government ship means a ship (including a warship) owned by a country, and includes a ship owned by the Commonwealth or by a State.\n\n> officer means:\n\n    (a) an officer of Customs within the meaning of the Customs Act 1901; or\n    (b) an inspector within the meaning of the Navigation Act 2012; or\n    (c) a member or a special member of the Australian Federal Police within the meaning of the Australian Federal Police Act 1979; or\n    (d) a person included in a class of persons declared by the regulations to be a class of officers for the purposes of this section.\n\n> owner has the same meaning as in the Convention.\n\n> relevant insurance certificate, in relation to a ship, means a document or documents that contain the prescribed information, being information relevant to establishing that the owner of the ship is maintaining insurance or other financial security in respect of the ship that covers the liability of the owner for pollution damage caused in Australia for an amount that is not less than the prescribed amount.\n\n> State includes the Northern Territory.","sortOrder":24},{"sectionNumber":"19B","sectionType":"section","heading":"Application","content":"#### 19B Application\n\n  (1) Subject to subsection (2), this Part applies to a ship:\n    (a) that carries oil as cargo or bunker; and\n    (b) that has a gross tonnage of 400 or more; and\n    (c) to which Part III does not apply; and\n    (d) to which Part 3 of the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 does not apply.\n  (2) This Part does not apply to a Government ship, other than a Government ship that is being used for commercial purposes.","sortOrder":25},{"sectionNumber":"19C","sectionType":"section","heading":"Insurance certificates to be carried on ships to which Part applies","content":"#### 19C Insurance certificates to be carried on ships to which Part applies\n\n  (1) If a ship enters or leaves, or attempts to enter or leave, a port in Australia without carrying on board a relevant insurance certificate in respect of the ship, the master and the owner of the ship each commit an offence punishable, upon conviction, by a fine of not more than 500 penalty units.\n  (2) An officer may require the master or other person in charge of a ship to produce a relevant insurance certificate in respect of the ship and, if the master or other person refuses or fails to produce such a certificate to the officer, he or she commits an offence punishable, upon conviction, by a fine of not more than 20 penalty units.\n  (3) If an officer has reasonable grounds to believe that the master or other person in charge of a ship is attempting to take the ship out of a port in Australia at a time when the ship is not carrying on board a relevant insurance certificate in respect of the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.\n  (4) The master of a ship detained at a port under subsection (3), and the owner of such a ship, each commit an offence punishable on conviction by a fine of not more than 500 penalty units if the ship leaves the port before it has been released from detention.\n  (5) Strict liability applies to subsections (1), (2) and (4).\n  (6) Chapter 2 of the Criminal Code applies to an offence against this section.","sortOrder":26},{"sectionNumber":"Part IV","sectionType":"part","heading":"Recovery of expenses of Authority under the Protection of the Sea (Powers of Intervention) Act 1981","content":"An Act relating to civil liability for pollution damage\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 2 Commencement\n\n  (1) This Act shall come into operation on a date to be fixed by Proclamation.\n  (2) The date fixed under subsection (1) shall not be a date earlier than the date on which the International Convention on Civil Liability for Oil Pollution Damage comes into force for Australia.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> applied provisions of the Convention means the provisions of the Convention that, by virtue of section 8, have the force of law as part of the law of the Commonwealth.\n\n> Australia includes the external Territories.\n\n> Authority means the Australian Maritime Safety Authority.\n\n> Civil Liability Convention means the International Convention on Civil Liability for Oil Pollution Damage (a copy of the English text of which is set forth in Schedule 1).\n\n> country to which the Civil Liability Convention applies means a country or territory specified in a notice under section 6.\n\n> regulated Australian vessel: a ship is a regulated Australian vessel if it is a regulated Australian vessel for the purposes of the Navigation Act 2012.\n\n> the 1992 Protocol means the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (a copy of the English text of which is set out in Schedule 2), as amended by resolution LEG.1(82) adopted by the Legal Committee of the International Maritime Organization on 18 October 2000 (a copy of the English text of which is set out in Schedule 3).\n\n> the Convention means Articles I to XII ter, including the model certificate, of the Civil Liability Convention as amended by the 1992 Protocol.\n\n  (2) Except in so far as the contrary intention appears, an expression that is used in either Part II or Part III and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in that Part, the same meaning as in the Convention.\n\n#### 4 Act binds the Crown\n\n  This Act binds the Crown in each of its capacities.\n\n#### 5 Operation of Act\n\n  This Act applies both within and outside Australia and extends to every external Territory.\n\n#### 6 Declaration of countries to which Civil Liability Convention applies\n\n  The Minister may, by notice published in the Gazette, declare that, for the purposes of this Act, a country or territory, other than Australia, specified in the notice is a country or territory to which the Civil Liability Convention applies.\n\n#### 6A Application of the Criminal Code\n\n  Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—Liability and limitation of liability under Convention\n\n#### 7 Application of this Part\n\n  (1) This Part, the applied provisions of the Convention and regulations made for the purposes of section 12 do not apply in relation to a ship that is not a regulated Australian vessel, when the ship is in a particular area, so far as a law of a State or the Northern Territory gives effect to the applied provisions of the Convention in relation to that ship when it is in that area.\n  (2) However, subsection (1) does not apply in relation to an incident that:\n    (a) is an incident Article IV of the Convention applies to; and\n    (b) involves both:\n    (i) one or more ships that are regulated Australian vessels; and\n    (ii) one or more ships that are not regulated Australian vessels.\n\n#### 8 Certain provisions of Convention to have the force of law\n\n  (1) The following provisions of the Convention have the force of law as part of the law of the Commonwealth: Articles I to VI (inclusive), paragraphs 1, 8 and 9 of Article VII, Article VIII, paragraphs 1 and 3 of Article IX, Article XII bis (other than paragraph (b)), paragraph 1 of Article XI.\n  (2) For the purposes of paragraph 1 of Article VII of the Convention as so having the force of law, that paragraph shall be treated as requiring the owner of a ship referred to in that paragraph, being a ship registered in Australia, to maintain the insurance or other financial security referred to in that paragraph.\n\n#### 9 Claims for compensation\n\n  The Supreme Courts of the States are invested with federal jurisdiction, and jurisdiction, to the extent that the Constitution permits, is conferred on the Supreme Courts of the Territories, to hear and determine claims for compensation under the applied provisions of the Convention in respect of incidents:\n    (a) that have caused pollution damage in a place to which the Convention applies; or\n    (b) in relation to which preventive measures have been taken to prevent or minimize pollution damage in a place to which the Convention applies.\n\n#### 10 Applications to determine limit of liability\n\n  (1) Where a claim for compensation under the applied provisions of the Convention is made in the Supreme Court of a State or Territory against, or is apprehended by, the owner of a ship, or the insurer or other person providing financial security for the liability of the owner of a ship for pollution damage, the owner, the insurer or that other person, as the case may be, may apply:\n    (a) in a case where a claim for compensation under the applied provisions of the Convention has been made in the Supreme Court of a State or Territory—to that Court; or\n    (b) in any other case—to the Supreme Court of any State or the Supreme Court of any Territory having jurisdiction under this subsection;\n  to determine whether he or she may limit his or her liability under the applied provisions of the Convention and, if so, the limit of that liability.\n  (2) Where the Supreme Court of a State or Territory determines that a person may limit his or her liability under the applied provisions of the Convention, the Court may make such orders as it thinks fit with respect to the apportionment and distribution, in accordance with those provisions, of a fund for the payment of claims under those provisions.\n  (3) The Supreme Courts of the States are invested with federal jurisdiction, and, jurisdiction, to the extent that the Constitution permits, is conferred on the Supreme Courts of the Territories, to hear and determine proceedings under this section.\n\n#### 11 Transfer of proceedings\n\n  (1) The Supreme Court of a State or Territory in which a claim for compensation has been made under the applied provisions of the Convention, or in which proceedings under section 10 have been instituted, may, if the Court thinks fit, at any stage in the proceedings, upon application or of its own motion, by order, transfer the proceedings to another Supreme Court.\n  (2) Where proceedings are transferred from a Supreme Court in pursuance of subsection (1):\n    (a) all documents filed, and moneys or guarantees lodged, in that Court in those proceedings shall be transmitted by the Registrar or other proper officer of that Court to the Registrar or other proper officer of the Court to which the proceedings are transferred; and\n    (b) the Court to which the proceedings are transferred shall proceed as if the proceedings had been originally instituted in that Court and as if the same proceedings had been taken in that Court as had been taken in the Court from which the proceedings were transferred.\n\n#### 12 Regulations giving effect to applied provisions of Convention etc.\n\n  (1) The regulations may prescribe matters that are necessary or convenient to be prescribed for the purpose of carrying out or giving effect to the applied provisions of the Convention and, for or in connection with that purpose, may make provision for and in relation to:\n    (a) the conversion of the amounts of money referred to in paragraph 1 of Article V of the Convention into amounts of money expressed in the currency of Australia;\n    (b) the kinds of guarantees that are acceptable for the purposes of paragraph 3 of Article V of the Convention;\n    (c) the extent to which the right of subrogation provided for in paragraph 5 of Article V of the Convention may be exercised by a person other than a person referred to in that paragraph; and\n    (d) the ascertainment of the tonnage of a ship, including the estimation of the tonnage of a ship in circumstances where it is not possible or reasonably practicable to measure its tonnage.\n  (2) Subsection (1) shall not be taken as limiting the power of a judge or judges of the Supreme Court of a State or Territory to make rules of court with respect to a matter that is not provided for in the applied provisions of the Convention or in regulations made by virtue of that subsection.\n\n## Part III—Insurance certificates relating to liability for pollution damage\n\n#### 13 Interpretation\n\n  (1) In this Part, Government ship means a ship (including a warship) owned by a country, and includes a ship owned by the Commonwealth or by a State.\n  (2) In this Part:\n    (a) a reference to a contract of insurance, or other financial security, in respect of a ship shall be construed as a reference to a contract of insurance, or other financial security, covering the liability of the owner of the ship under the applied provisions of the Convention for pollution damage caused in Australia or on the territory, including the territorial sea, of a country to which the Civil Liability Convention applies;\n    (b) a reference to the limits of the liability prescribed by paragraph 1 of Article V of the Convention, in relation to a ship, shall be construed as a reference to the amount to which the owner of the ship is entitled, under that paragraph, in its application to the ship as part of the law of the Commonwealth, to limit his or her liability under the Convention in respect of any one incident;\n    (c) a reference to a State shall be construed as including a reference to the Northern Territory.\n\n#### 14 Application\n\n  (1) Subject to subsection (2), this Part applies to every ship that is carrying more than 2,000 tons of oil in bulk as cargo and, where such a ship is unregistered, this Part applies to and in relation to the ship as if it were registered in the country whose flag the ship is flying.\n  (2) This Part does not apply to a Government ship, other than a Government ship that is being used for commercial purposes.\n\n#### 15 Insurance certificates to be carried on certain ships\n\n  (1) Where a ship to which this Part applies enters or leaves, or attempts to enter or leave, a port in Australia, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial sea of Australia, without carrying on board the ship a relevant insurance certificate in respect of the ship, being such a certificate that is in force, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—500 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—500 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—1,000 penalty units.\n  (2) Where a ship to which this Part applies, being a ship registered in Australia, enters or leaves, or attempts to enter or leave, a port in a country other than Australia, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial sea of a country other than Australia, without carrying on board the ship a relevant insurance certificate in respect of the ship, being such a certificate that is in force, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—500 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—500 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—1,000 penalty units.\n  (3) Where, otherwise than in circumstances to which subsection (1) applies or, in the case of a ship registered in Australia, to which subsection (2) applies, at any time a relevant insurance certificate is in force in respect of a ship to which this Part applies and is not carried on board the ship, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—20 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—20 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—50 penalty units.\n  (3A) An offence under subsection (1), (2) or (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (4) An officer may require the master or other person in charge of a ship to which this Part applies to produce a relevant insurance certificate in respect of the ship, being such a certificate that is in force, and, if he or she fails to produce the certificate to the officer, he or she commits an offence against this subsection punishable, upon conviction, by a fine not exceeding 20 penalty units.\n  (4A) An offence under subsection (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (5) Where an officer has reasonable grounds to believe that the master or other person in charge of a ship to which this Part applies is attempting to take the ship out of a port in Australia at a time when a relevant insurance certificate in respect of the ship, being such a certificate that is in force, is not being carried on board the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.\n  (6) This section is not intended to exclude or limit the concurrent operation of a provision of a law of a State giving effect to paragraphs 1, 2 and 3 of Article VII of the Convention in relation to a ship that is not a regulated Australian vessel.\n  (7) For the purposes of this section, a relevant insurance certificate in respect of a ship is:\n    (a) if the ship is registered in Australia and is not a Government ship:\n    (i) in the case of a ship that is a regulated Australian vessel—a certificate issued under section 16 in respect of the ship; or\n    (ii) in the case of a ship that is not a regulated Australian vessel—a certificate issued under section 16 in respect of the ship, or a certificate issued in respect of the ship under a law of a State that makes provision giving effect to paragraphs 1, 2 and 3 of Article VII of the Convention in relation to that ship; or\n    (b) if the ship is registered in a country to which the Civil Liability Convention applies and is not a Government ship—a certificate issued, for the purposes of Article VII of the Convention, by or under the authority of the Government of that country; or\n    (c) if the ship is registered in a country that is not a country to which the Civil Liability Convention applies and is not a Government ship—a certificate issued under section 16 or a certificate that is, under the regulations, to be taken to be a relevant insurance certificate in respect of the ship for the purposes of this paragraph; or\n    (d) if the ship is owned by the Commonwealth—a certificate issued under section 18 in respect of the ship; or\n    (e) if the ship is owned by a State:\n    (i) a certificate issued under section 18 in respect of the ship; or\n    (ii) a certificate issued under a provision of the law of the State that makes provision in relation to ships owned by the State that corresponds with the provisions of section 18 in relation to ships owned by the Commonwealth; or\n    (f) if the ship is owned by the Government of a country other than Australia—a certificate of a kind referred to in subsection 18(1) issued by the Government of that country.\n  (8) In this section, officer means:\n    (a) an officer of Customs within the meaning of the Customs Act 1901; or\n    (b) an inspector within the meaning of the Navigation Act 2012; or\n    (c) a person included in a class of persons declared by the regulations to be a class of officers for the purposes of this section.\n\n#### 16 Issue of insurance certificates\n\n  (1) The owner, master or agent of a ship to which this Part applies, being a ship that is registered in Australia or in a country that is not a country to which the Civil Liability Convention applies, may make application to the Minister for the issue of an insurance certificate in respect of the ship.\n  (2) An application under subsection (1):\n    (a) shall be in accordance with the form approved in an instrument under subsection (2A); and\n    (b) shall be lodged with a person who is a prescribed person for the purposes of this subsection.\n  (2A) The Minister may, by notifiable instrument, approve a form for the purposes of paragraph (2)(a).\n  (2B) The Minister must cause the form to be published on the Authority’s website.\n  (3) Where application is made to the Minister under subsection (1) in respect of a ship, the Minister shall:\n    (a) if he or she is satisfied that the owner of the ship is maintaining insurance or other financial security in respect of the ship in an amount that will cover the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship—issue to the applicant an insurance certificate in respect of the ship; or\n    (b) if he or she is not so satisfied—refuse to issue such a certificate in respect of the ship.\n  (4) An insurance certificate issued under subsection (3) in respect of a ship:\n    (a) shall be in accordance with the form approved in an instrument under subsection (4A), being a form which contains, but is not limited to containing, the particulars specified in paragraph 2 of Article VII of the Convention;\n    (b) comes into force on such day as is specified in the certificate; and\n    (c) remains in force, subject to this Part, until the expiration of such day as is specified in the certificate, being:\n    (i) the day that is the last day in the period of 12 months commencing on the day on which the certificate comes into force; or\n    (ii) the day that the Minister is satisfied is the last day in the balance of the period during which the insurance or other financial security in respect of the ship is to remain in force;\n    whichever is the earlier day.\n  (4A) The Minister may, by notifiable instrument, approve a form for the purposes of paragraph (4)(a).\n  (4B) The Minister must cause the form to be published on the Authority’s website.\n  (5) Such fees (if any) as are prescribed are payable in respect of the issue of an insurance certificate in respect of a ship under this section.\n  (6) Where an insurance certificate is issued under this section in respect of a ship registered in Australia, the Minister shall cause a copy of the certificate to be forwarded to a person who is a prescribed person for the purposes of this subsection.\n\n#### 17 Extension, cancellation and lapsing of insurance certificates\n\n  (1) Where:\n    (a) a ship in respect of which an insurance certificate has been issued under section 16 is not at a port in Australia at the time when the certificate expires or is about to expire; and\n    (b) the Minister is satisfied that, after the day specified in the certificate as the day until which it is to remain in force, there will be in force a contract of insurance or other financial security in respect of the ship in an amount that will cover the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship;\n  the Minister may, if it appears proper and reasonable to do so, extend the certificate for a period that expires on or before the day that the Minister is satisfied is the last day in the balance of the period during which that contract of insurance or other financial security is to remain in force, being a period that does not exceed one month from the day referred to in paragraph (b).\n  (2) An extension of an insurance certificate under subsection (1) is of no further force or effect after the arrival of the ship at a port in Australia.\n  (3) The Minister may cancel an insurance certificate issued under section 16 that is in force in respect of a ship if he or she is satisfied that, by reason of any modification or variation of, or to, the contract of insurance or other financial security in respect of the ship, the owner of the ship will not be covered for an amount that is not less than the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship.\n  (4) If, while an insurance certificate issued under section 16 in respect of a ship registered in Australia or in a country that is not a country to which the Civil Liability Convention applies is in force, the ship ceases to be registered in Australia or in that country, as the case may be, the certificate so issued thereupon ceases to be in force.\n  (5) Where an insurance certificate issued under section 16 in respect of the ship is cancelled under subsection (3) or ceases to be in force by virtue of subsection (4), the master shall forthwith cause the certificate to be lodged with a person referred to in paragraph 16(2)(b).\n\nPenalty: 20 penalty units.\n\n#### 18 Government ships\n\n  (1) Where a ship is owned by the Commonwealth or by a State, the Minister may issue:\n    (a) in the case of a ship owned by the Commonwealth—a certificate certifying that the ship is owned by the Commonwealth and that any liability for pollution damage up to the limits of liability applicable in relation to the ship under Article V of the Convention will be met by the Commonwealth; or\n    (b) in the case of a ship owned by a State—a certificate certifying:\n    (i) that the ship is owned by the State; and\n    (ii) if the Minister is satisfied that any liability for pollution damage up to the limits of liability applicable in relation to the ship under Article V of the Convention will be met by the State—that any such liability will be so met by the State.\n  (2) Subject to subsection (3), a certificate issued under subsection (1) remains in force for such period as is specified in the certificate.\n  (3) If, while a certificate issued under subsection (1) in respect of a ship owned by the Commonwealth or by a State is in force, the ship ceases to be owned by the Commonwealth or by the State, as the case may be, the certificate so issued thereupon ceases to be in force.\n  (4) Every country to which the Civil Liability Convention applies shall, in any proceedings brought in a court in Australia to enforce a claim in respect of a liability incurred under the applied provisions of the Convention, be deemed to have submitted to the jurisdiction of that court and to have waived any defence based on its status as a sovereign country, but nothing in this subsection shall permit the levy of execution against the property of such a country.\n\n#### 19 Review of decisions\n\n  (1) Application may be made to the Administrative Review Tribunal for review of:\n    (a) a decision to refuse to issue an insurance certificate under section 16; or\n    (b) a decision to cancel an insurance certificate under subsection 17(3).\n  (2) Where the Minister makes a decision referred to in subsection (1) and gives to a 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 Administrative Review Tribunal Act 2024, an application may be made to the Administrative Review Tribunal for review of the decision by or on behalf of any person whose interests are affected by the decision.\n  (3) Any failure to comply with the requirements of subsection (2) in relation to a decision does not affect the validity of the decision.\n\n## Part IIIA—Proof of possession of adequate insurance cover by certain ships\n\n#### 19A Definitions\n\n  In this Part:\n\n> Government ship means a ship (including a warship) owned by a country, and includes a ship owned by the Commonwealth or by a State.\n\n> officer means:\n\n    (a) an officer of Customs within the meaning of the Customs Act 1901; or\n    (b) an inspector within the meaning of the Navigation Act 2012; or\n    (c) a member or a special member of the Australian Federal Police within the meaning of the Australian Federal Police Act 1979; or\n    (d) a person included in a class of persons declared by the regulations to be a class of officers for the purposes of this section.\n\n> owner has the same meaning as in the Convention.\n\n> relevant insurance certificate, in relation to a ship, means a document or documents that contain the prescribed information, being information relevant to establishing that the owner of the ship is maintaining insurance or other financial security in respect of the ship that covers the liability of the owner for pollution damage caused in Australia for an amount that is not less than the prescribed amount.\n\n> State includes the Northern Territory.\n\n#### 19B Application\n\n  (1) Subject to subsection (2), this Part applies to a ship:\n    (a) that carries oil as cargo or bunker; and\n    (b) that has a gross tonnage of 400 or more; and\n    (c) to which Part III does not apply; and\n    (d) to which Part 3 of the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 does not apply.\n  (2) This Part does not apply to a Government ship, other than a Government ship that is being used for commercial purposes.\n\n#### 19C Insurance certificates to be carried on ships to which Part applies\n\n  (1) If a ship enters or leaves, or attempts to enter or leave, a port in Australia without carrying on board a relevant insurance certificate in respect of the ship, the master and the owner of the ship each commit an offence punishable, upon conviction, by a fine of not more than 500 penalty units.\n  (2) An officer may require the master or other person in charge of a ship to produce a relevant insurance certificate in respect of the ship and, if the master or other person refuses or fails to produce such a certificate to the officer, he or she commits an offence punishable, upon conviction, by a fine of not more than 20 penalty units.\n  (3) If an officer has reasonable grounds to believe that the master or other person in charge of a ship is attempting to take the ship out of a port in Australia at a time when the ship is not carrying on board a relevant insurance certificate in respect of the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.\n  (4) The master of a ship detained at a port under subsection (3), and the owner of such a ship, each commit an offence punishable on conviction by a fine of not more than 500 penalty units if the ship leaves the port before it has been released from detention.\n  (5) Strict liability applies to subsections (1), (2) and (4).\n  (6) Chapter 2 of the Criminal Code applies to an offence against this section.\n\n## Part IV—Recovery of expenses of Authority under the Protection of the Sea (Powers of Intervention) Act 1981\n\n#### 20 Expenses etc. incurred by Authority debt due to Commonwealth\n\n  (1) Subject to this section, where the Authority incurs any expense or other liability in, or by reason of, the exercise of the Authority’s powers under section 8, 9 or 10 of the Protection of the Sea (Powers of Intervention) Act 1981 in respect of an incident, the amount of that expense or other liability is:\n    (a) if that expense or other liability was incurred in, or by reason of, the exercise of those powers in relation to a single ship—a debt due to the Commonwealth by the owner of that ship; or\n    (b) if that expense or other liability was incurred in, or by reason of, the exercise of those powers in relation to 2 or more ships—a debt due to the Commonwealth jointly and severally by the owners of those ships.\n  (2) Subsection (1) does not apply in relation to the owner of a ship in respect of an incident referred to in that subsection where the owner proves that the incident:\n    (a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character;\n    (b) was wholly caused by an act or omission done by a third party with intent to cause damage; or\n    (c) was wholly caused by the negligence or other wrongful act of any government, or other authority, responsible for the maintenance of lights or other navigational aids in the exercise of its functions in relation to those lights or aids.\n  (3) Subject to subsection (6), where an incident referred to in subsection (1) did not occur as a result of the actual fault or privity of the owner of a ship, the liability of the owner of the ship under subsection (1) in respect of the incident shall not exceed the limit of any liability in respect of the incident that applies to the incident under the provisions of one or more international conventions, being provisions in force in relation to Australia.\n  (4) A debt due to the Commonwealth by a person by virtue of this section may be recovered from the person in any court of competent jurisdiction.\n  (5) This section does not apply in relation to pollution damage within the meaning of the Convention.\n  (7) In this section:\n\n> incident means an occurrence, or a series of occurrences having the same origin.\n\n> owner, in relation to a ship in respect of an incident, means the owner of the ship at the time of the incident or, if the incident consists of a series of occurrences having the same origin, at the time of the first of the occurrences.\n\n> third party, in relation to a ship, means any person other than:\n\n    (a) the owner of the ship;\n    (b) a servant or agent of the owner of the ship; or\n    (c) the master, an officer or any other member of the crew of the ship or of any other ship also owned by the owner of the ship.\n\n#### 21 Expenses etc. incurred by Authority charge on ship\n\n  The amount:\n    (a) that the owner of a ship is liable, or the owners of 2 or more ships are jointly and severally liable, under the applied provisions of the Convention, to pay to the Commonwealth by way of compensation for any expense or other liabilities incurred by the Authority in, or by reason of, the exercise of the Authority’s powers under section 8, 9 or 10 of the Protection of the Sea (Powers of Intervention) Act 1981; or\n    (b) that the owner of a ship is liable, or the owners of 2 or more ships are jointly and severally liable, to pay to the Commonwealth under section 20;\n  is a charge on that ship, or on each of those ships, as the case may be.\n\n#### 22 Detention of ships\n\n  (1) Subject to subsection (2), where an amount is, by virtue of section 21, a charge on a ship, the ship may be detained by a person authorized in writing by the Minister for the purposes of this section and may be so detained until the amount is paid or security for the payment of the amount is provided to the satisfaction of the Minister.\n  (1A) If a ship is detained under this section, the person authorised to detain it may escort it to a port in Australia.\n  (1B) While a ship is detained under this section, 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.\n  (2) Subsection (1) does not apply in relation to a foreign ship unless the ship is in Australian waters or in the exclusive economic zone.\n  (3) Where a ship that has been detained under this section goes to sea before it is released from detention, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction:\n    (a) in the case of the master—by a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both;\n    (b) in the case of the owner, if the owner is not a body corporate—by a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both; or\n    (c) in the case of the owner, if the owner is a body corporate—by a fine not exceeding 100 penalty units.\n  (3A) An offence under subsection (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (4) In this section:\n\n> Australian waters means:\n\n    (a) the territorial sea of Australia; and\n    (b) the sea on the landward side of the territorial sea of Australia.\n\n> exclusive economic zone means the exclusive economic zone, within the meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast of Australia or the coast of an external Territory.\n\n> foreign ship means a ship:\n\n    (a) that is not registered in Australia; and\n    (b) that does not have Australian nationality.\n\n## Part IVA—Recovery of loss etc. incurred by the Authority because of discharges or threatened discharges from ships\n\n#### 22A Recovery of loss etc. by the Authority\n\n  (1) This section applies if the Authority suffers loss or damage, or incurs costs or expenses, in preventing or mitigating or in attempting to prevent or mitigate any pollution damage, because of:\n    (a) a discharge or disposal in contravention of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983; or\n    (b) action taken by the Authority in performance of its function, under paragraph 6(1)(a) of the Australian Maritime Safety Authority Act 1990, to combat pollution in the marine environment caused by a discharge or disposal from a ship, or to combat a threat of pollution in the marine environment caused by a threat of a discharge or disposal from a ship.\n  (2) The Authority may recover from:\n    (a) the owner or the master of the ship from which the discharge or disposal occurred, or from which there was the threat of a discharge or disposal; or\n    (b) any person whose act caused the discharge or disposal, or the threat of a discharge or disposal;\n  the amount of the loss, damage, costs and expenses.\n  (3) The amount is recoverable as a debt in a court of competent jurisdiction.\n\n## Part V—Miscellaneous\n\n#### 23 Prosecution of offences against subsections 15(1), (2) and (3) and 22(3)\n\n  (1) Subject to subsection (2), an offence against subsection 15(1) or (2) or 22(3) is an indictable offence.\n  (2) Notwithstanding that an offence referred to in subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.\n  (3) Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence referred to in subsection (1), the penalty that the court may impose is a fine not exceeding:\n    (a) in the case of a person, not being a body corporate—20 penalty units; and\n    (b) in the case of a person, being a body corporate—50 penalty units.\n  (4) Where, in proceedings for an offence against subsection 15(1), (2) or (3) or 22(3) in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.\n  (5) Any conduct engaged in on behalf of a corporation:\n    (a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or\n    (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;\n  shall be deemed, for the purposes of a provision of this Act that creates an offence, to have been engaged in by the corporation.\n  (6) A reference in subsection (4) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.\n\n#### 24 No time limit for prosecution\n\n  A prosecution for an offence against this Act may be brought at any time.\n\n#### 25 Regulations to give effect to Article X of Convention\n\n  (1) The regulations may make provision for and in relation to giving effect to Article X of the Convention including:\n    (a) provision for investing the Supreme Courts of the States with federal jurisdiction, and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made by virtue of this section; and\n    (b) provision fixing fees to be paid in respect of any matters under regulations made by virtue of this section.\n  (2) Subsection (1) shall not be taken as limiting the power of a judge or judges of the Supreme Court of a State or Territory to make rules of court with respect to a matter that is not provided for in regulations made by virtue of that subsection.\n\n#### 26 Delegation\n\n  (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a person any of his or her powers under this Act, other than this power of delegation.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.\n  (3) A delegation under this section does not prevent the exercise of a power by the Minister.\n\n#### 27 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Expenses etc. incurred by Authority debt due to Commonwealth","content":"#### 20 Expenses etc. incurred by Authority debt due to Commonwealth\n\n  (1) Subject to this section, where the Authority incurs any expense or other liability in, or by reason of, the exercise of the Authority’s powers under section 8, 9 or 10 of the Protection of the Sea (Powers of Intervention) Act 1981 in respect of an incident, the amount of that expense or other liability is:\n    (a) if that expense or other liability was incurred in, or by reason of, the exercise of those powers in relation to a single ship—a debt due to the Commonwealth by the owner of that ship; or\n    (b) if that expense or other liability was incurred in, or by reason of, the exercise of those powers in relation to 2 or more ships—a debt due to the Commonwealth jointly and severally by the owners of those ships.\n  (2) Subsection (1) does not apply in relation to the owner of a ship in respect of an incident referred to in that subsection where the owner proves that the incident:\n    (a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character;\n    (b) was wholly caused by an act or omission done by a third party with intent to cause damage; or\n    (c) was wholly caused by the negligence or other wrongful act of any government, or other authority, responsible for the maintenance of lights or other navigational aids in the exercise of its functions in relation to those lights or aids.\n  (3) Subject to subsection (6), where an incident referred to in subsection (1) did not occur as a result of the actual fault or privity of the owner of a ship, the liability of the owner of the ship under subsection (1) in respect of the incident shall not exceed the limit of any liability in respect of the incident that applies to the incident under the provisions of one or more international conventions, being provisions in force in relation to Australia.\n  (4) A debt due to the Commonwealth by a person by virtue of this section may be recovered from the person in any court of competent jurisdiction.\n  (5) This section does not apply in relation to pollution damage within the meaning of the Convention.\n  (7) In this section:\n\n> incident means an occurrence, or a series of occurrences having the same origin.\n\n> owner, in relation to a ship in respect of an incident, means the owner of the ship at the time of the incident or, if the incident consists of a series of occurrences having the same origin, at the time of the first of the occurrences.\n\n> third party, in relation to a ship, means any person other than:\n\n    (a) the owner of the ship;\n    (b) a servant or agent of the owner of the ship; or\n    (c) the master, an officer or any other member of the crew of the ship or of any other ship also owned by the owner of the ship.","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Expenses etc. incurred by Authority charge on ship","content":"#### 21 Expenses etc. incurred by Authority charge on ship\n\n  The amount:\n    (a) that the owner of a ship is liable, or the owners of 2 or more ships are jointly and severally liable, under the applied provisions of the Convention, to pay to the Commonwealth by way of compensation for any expense or other liabilities incurred by the Authority in, or by reason of, the exercise of the Authority’s powers under section 8, 9 or 10 of the Protection of the Sea (Powers of Intervention) Act 1981; or\n    (b) that the owner of a ship is liable, or the owners of 2 or more ships are jointly and severally liable, to pay to the Commonwealth under section 20;\n  is a charge on that ship, or on each of those ships, as the case may be.","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Detention of ships","content":"#### 22 Detention of ships\n\n  (1) Subject to subsection (2), where an amount is, by virtue of section 21, a charge on a ship, the ship may be detained by a person authorized in writing by the Minister for the purposes of this section and may be so detained until the amount is paid or security for the payment of the amount is provided to the satisfaction of the Minister.\n  (1A) If a ship is detained under this section, the person authorised to detain it may escort it to a port in Australia.\n  (1B) While a ship is detained under this section, 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.\n  (2) Subsection (1) does not apply in relation to a foreign ship unless the ship is in Australian waters or in the exclusive economic zone.\n  (3) Where a ship that has been detained under this section goes to sea before it is released from detention, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction:\n    (a) in the case of the master—by a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both;\n    (b) in the case of the owner, if the owner is not a body corporate—by a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both; or\n    (c) in the case of the owner, if the owner is a body corporate—by a fine not exceeding 100 penalty units.\n  (3A) An offence under subsection (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (4) In this section:\n\n> Australian waters means:\n\n    (a) the territorial sea of Australia; and\n    (b) the sea on the landward side of the territorial sea of Australia.\n\n> exclusive economic zone means the exclusive economic zone, within the meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast of Australia or the coast of an external Territory.\n\n> foreign ship means a ship:\n\n    (a) that is not registered in Australia; and\n    (b) that does not have Australian nationality.","sortOrder":30},{"sectionNumber":"Part IVA","sectionType":"part","heading":"Recovery of loss etc. incurred by the Authority because of discharges or threatened discharges from ships","content":"An Act relating to civil liability for pollution damage\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 2 Commencement\n\n  (1) This Act shall come into operation on a date to be fixed by Proclamation.\n  (2) The date fixed under subsection (1) shall not be a date earlier than the date on which the International Convention on Civil Liability for Oil Pollution Damage comes into force for Australia.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> applied provisions of the Convention means the provisions of the Convention that, by virtue of section 8, have the force of law as part of the law of the Commonwealth.\n\n> Australia includes the external Territories.\n\n> Authority means the Australian Maritime Safety Authority.\n\n> Civil Liability Convention means the International Convention on Civil Liability for Oil Pollution Damage (a copy of the English text of which is set forth in Schedule 1).\n\n> country to which the Civil Liability Convention applies means a country or territory specified in a notice under section 6.\n\n> regulated Australian vessel: a ship is a regulated Australian vessel if it is a regulated Australian vessel for the purposes of the Navigation Act 2012.\n\n> the 1992 Protocol means the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (a copy of the English text of which is set out in Schedule 2), as amended by resolution LEG.1(82) adopted by the Legal Committee of the International Maritime Organization on 18 October 2000 (a copy of the English text of which is set out in Schedule 3).\n\n> the Convention means Articles I to XII ter, including the model certificate, of the Civil Liability Convention as amended by the 1992 Protocol.\n\n  (2) Except in so far as the contrary intention appears, an expression that is used in either Part II or Part III and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in that Part, the same meaning as in the Convention.\n\n#### 4 Act binds the Crown\n\n  This Act binds the Crown in each of its capacities.\n\n#### 5 Operation of Act\n\n  This Act applies both within and outside Australia and extends to every external Territory.\n\n#### 6 Declaration of countries to which Civil Liability Convention applies\n\n  The Minister may, by notice published in the Gazette, declare that, for the purposes of this Act, a country or territory, other than Australia, specified in the notice is a country or territory to which the Civil Liability Convention applies.\n\n#### 6A Application of the Criminal Code\n\n  Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—Liability and limitation of liability under Convention\n\n#### 7 Application of this Part\n\n  (1) This Part, the applied provisions of the Convention and regulations made for the purposes of section 12 do not apply in relation to a ship that is not a regulated Australian vessel, when the ship is in a particular area, so far as a law of a State or the Northern Territory gives effect to the applied provisions of the Convention in relation to that ship when it is in that area.\n  (2) However, subsection (1) does not apply in relation to an incident that:\n    (a) is an incident Article IV of the Convention applies to; and\n    (b) involves both:\n    (i) one or more ships that are regulated Australian vessels; and\n    (ii) one or more ships that are not regulated Australian vessels.\n\n#### 8 Certain provisions of Convention to have the force of law\n\n  (1) The following provisions of the Convention have the force of law as part of the law of the Commonwealth: Articles I to VI (inclusive), paragraphs 1, 8 and 9 of Article VII, Article VIII, paragraphs 1 and 3 of Article IX, Article XII bis (other than paragraph (b)), paragraph 1 of Article XI.\n  (2) For the purposes of paragraph 1 of Article VII of the Convention as so having the force of law, that paragraph shall be treated as requiring the owner of a ship referred to in that paragraph, being a ship registered in Australia, to maintain the insurance or other financial security referred to in that paragraph.\n\n#### 9 Claims for compensation\n\n  The Supreme Courts of the States are invested with federal jurisdiction, and jurisdiction, to the extent that the Constitution permits, is conferred on the Supreme Courts of the Territories, to hear and determine claims for compensation under the applied provisions of the Convention in respect of incidents:\n    (a) that have caused pollution damage in a place to which the Convention applies; or\n    (b) in relation to which preventive measures have been taken to prevent or minimize pollution damage in a place to which the Convention applies.\n\n#### 10 Applications to determine limit of liability\n\n  (1) Where a claim for compensation under the applied provisions of the Convention is made in the Supreme Court of a State or Territory against, or is apprehended by, the owner of a ship, or the insurer or other person providing financial security for the liability of the owner of a ship for pollution damage, the owner, the insurer or that other person, as the case may be, may apply:\n    (a) in a case where a claim for compensation under the applied provisions of the Convention has been made in the Supreme Court of a State or Territory—to that Court; or\n    (b) in any other case—to the Supreme Court of any State or the Supreme Court of any Territory having jurisdiction under this subsection;\n  to determine whether he or she may limit his or her liability under the applied provisions of the Convention and, if so, the limit of that liability.\n  (2) Where the Supreme Court of a State or Territory determines that a person may limit his or her liability under the applied provisions of the Convention, the Court may make such orders as it thinks fit with respect to the apportionment and distribution, in accordance with those provisions, of a fund for the payment of claims under those provisions.\n  (3) The Supreme Courts of the States are invested with federal jurisdiction, and, jurisdiction, to the extent that the Constitution permits, is conferred on the Supreme Courts of the Territories, to hear and determine proceedings under this section.\n\n#### 11 Transfer of proceedings\n\n  (1) The Supreme Court of a State or Territory in which a claim for compensation has been made under the applied provisions of the Convention, or in which proceedings under section 10 have been instituted, may, if the Court thinks fit, at any stage in the proceedings, upon application or of its own motion, by order, transfer the proceedings to another Supreme Court.\n  (2) Where proceedings are transferred from a Supreme Court in pursuance of subsection (1):\n    (a) all documents filed, and moneys or guarantees lodged, in that Court in those proceedings shall be transmitted by the Registrar or other proper officer of that Court to the Registrar or other proper officer of the Court to which the proceedings are transferred; and\n    (b) the Court to which the proceedings are transferred shall proceed as if the proceedings had been originally instituted in that Court and as if the same proceedings had been taken in that Court as had been taken in the Court from which the proceedings were transferred.\n\n#### 12 Regulations giving effect to applied provisions of Convention etc.\n\n  (1) The regulations may prescribe matters that are necessary or convenient to be prescribed for the purpose of carrying out or giving effect to the applied provisions of the Convention and, for or in connection with that purpose, may make provision for and in relation to:\n    (a) the conversion of the amounts of money referred to in paragraph 1 of Article V of the Convention into amounts of money expressed in the currency of Australia;\n    (b) the kinds of guarantees that are acceptable for the purposes of paragraph 3 of Article V of the Convention;\n    (c) the extent to which the right of subrogation provided for in paragraph 5 of Article V of the Convention may be exercised by a person other than a person referred to in that paragraph; and\n    (d) the ascertainment of the tonnage of a ship, including the estimation of the tonnage of a ship in circumstances where it is not possible or reasonably practicable to measure its tonnage.\n  (2) Subsection (1) shall not be taken as limiting the power of a judge or judges of the Supreme Court of a State or Territory to make rules of court with respect to a matter that is not provided for in the applied provisions of the Convention or in regulations made by virtue of that subsection.\n\n## Part III—Insurance certificates relating to liability for pollution damage\n\n#### 13 Interpretation\n\n  (1) In this Part, Government ship means a ship (including a warship) owned by a country, and includes a ship owned by the Commonwealth or by a State.\n  (2) In this Part:\n    (a) a reference to a contract of insurance, or other financial security, in respect of a ship shall be construed as a reference to a contract of insurance, or other financial security, covering the liability of the owner of the ship under the applied provisions of the Convention for pollution damage caused in Australia or on the territory, including the territorial sea, of a country to which the Civil Liability Convention applies;\n    (b) a reference to the limits of the liability prescribed by paragraph 1 of Article V of the Convention, in relation to a ship, shall be construed as a reference to the amount to which the owner of the ship is entitled, under that paragraph, in its application to the ship as part of the law of the Commonwealth, to limit his or her liability under the Convention in respect of any one incident;\n    (c) a reference to a State shall be construed as including a reference to the Northern Territory.\n\n#### 14 Application\n\n  (1) Subject to subsection (2), this Part applies to every ship that is carrying more than 2,000 tons of oil in bulk as cargo and, where such a ship is unregistered, this Part applies to and in relation to the ship as if it were registered in the country whose flag the ship is flying.\n  (2) This Part does not apply to a Government ship, other than a Government ship that is being used for commercial purposes.\n\n#### 15 Insurance certificates to be carried on certain ships\n\n  (1) Where a ship to which this Part applies enters or leaves, or attempts to enter or leave, a port in Australia, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial sea of Australia, without carrying on board the ship a relevant insurance certificate in respect of the ship, being such a certificate that is in force, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—500 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—500 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—1,000 penalty units.\n  (2) Where a ship to which this Part applies, being a ship registered in Australia, enters or leaves, or attempts to enter or leave, a port in a country other than Australia, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial sea of a country other than Australia, without carrying on board the ship a relevant insurance certificate in respect of the ship, being such a certificate that is in force, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—500 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—500 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—1,000 penalty units.\n  (3) Where, otherwise than in circumstances to which subsection (1) applies or, in the case of a ship registered in Australia, to which subsection (2) applies, at any time a relevant insurance certificate is in force in respect of a ship to which this Part applies and is not carried on board the ship, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—20 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—20 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—50 penalty units.\n  (3A) An offence under subsection (1), (2) or (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (4) An officer may require the master or other person in charge of a ship to which this Part applies to produce a relevant insurance certificate in respect of the ship, being such a certificate that is in force, and, if he or she fails to produce the certificate to the officer, he or she commits an offence against this subsection punishable, upon conviction, by a fine not exceeding 20 penalty units.\n  (4A) An offence under subsection (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (5) Where an officer has reasonable grounds to believe that the master or other person in charge of a ship to which this Part applies is attempting to take the ship out of a port in Australia at a time when a relevant insurance certificate in respect of the ship, being such a certificate that is in force, is not being carried on board the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.\n  (6) This section is not intended to exclude or limit the concurrent operation of a provision of a law of a State giving effect to paragraphs 1, 2 and 3 of Article VII of the Convention in relation to a ship that is not a regulated Australian vessel.\n  (7) For the purposes of this section, a relevant insurance certificate in respect of a ship is:\n    (a) if the ship is registered in Australia and is not a Government ship:\n    (i) in the case of a ship that is a regulated Australian vessel—a certificate issued under section 16 in respect of the ship; or\n    (ii) in the case of a ship that is not a regulated Australian vessel—a certificate issued under section 16 in respect of the ship, or a certificate issued in respect of the ship under a law of a State that makes provision giving effect to paragraphs 1, 2 and 3 of Article VII of the Convention in relation to that ship; or\n    (b) if the ship is registered in a country to which the Civil Liability Convention applies and is not a Government ship—a certificate issued, for the purposes of Article VII of the Convention, by or under the authority of the Government of that country; or\n    (c) if the ship is registered in a country that is not a country to which the Civil Liability Convention applies and is not a Government ship—a certificate issued under section 16 or a certificate that is, under the regulations, to be taken to be a relevant insurance certificate in respect of the ship for the purposes of this paragraph; or\n    (d) if the ship is owned by the Commonwealth—a certificate issued under section 18 in respect of the ship; or\n    (e) if the ship is owned by a State:\n    (i) a certificate issued under section 18 in respect of the ship; or\n    (ii) a certificate issued under a provision of the law of the State that makes provision in relation to ships owned by the State that corresponds with the provisions of section 18 in relation to ships owned by the Commonwealth; or\n    (f) if the ship is owned by the Government of a country other than Australia—a certificate of a kind referred to in subsection 18(1) issued by the Government of that country.\n  (8) In this section, officer means:\n    (a) an officer of Customs within the meaning of the Customs Act 1901; or\n    (b) an inspector within the meaning of the Navigation Act 2012; or\n    (c) a person included in a class of persons declared by the regulations to be a class of officers for the purposes of this section.\n\n#### 16 Issue of insurance certificates\n\n  (1) The owner, master or agent of a ship to which this Part applies, being a ship that is registered in Australia or in a country that is not a country to which the Civil Liability Convention applies, may make application to the Minister for the issue of an insurance certificate in respect of the ship.\n  (2) An application under subsection (1):\n    (a) shall be in accordance with the form approved in an instrument under subsection (2A); and\n    (b) shall be lodged with a person who is a prescribed person for the purposes of this subsection.\n  (2A) The Minister may, by notifiable instrument, approve a form for the purposes of paragraph (2)(a).\n  (2B) The Minister must cause the form to be published on the Authority’s website.\n  (3) Where application is made to the Minister under subsection (1) in respect of a ship, the Minister shall:\n    (a) if he or she is satisfied that the owner of the ship is maintaining insurance or other financial security in respect of the ship in an amount that will cover the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship—issue to the applicant an insurance certificate in respect of the ship; or\n    (b) if he or she is not so satisfied—refuse to issue such a certificate in respect of the ship.\n  (4) An insurance certificate issued under subsection (3) in respect of a ship:\n    (a) shall be in accordance with the form approved in an instrument under subsection (4A), being a form which contains, but is not limited to containing, the particulars specified in paragraph 2 of Article VII of the Convention;\n    (b) comes into force on such day as is specified in the certificate; and\n    (c) remains in force, subject to this Part, until the expiration of such day as is specified in the certificate, being:\n    (i) the day that is the last day in the period of 12 months commencing on the day on which the certificate comes into force; or\n    (ii) the day that the Minister is satisfied is the last day in the balance of the period during which the insurance or other financial security in respect of the ship is to remain in force;\n    whichever is the earlier day.\n  (4A) The Minister may, by notifiable instrument, approve a form for the purposes of paragraph (4)(a).\n  (4B) The Minister must cause the form to be published on the Authority’s website.\n  (5) Such fees (if any) as are prescribed are payable in respect of the issue of an insurance certificate in respect of a ship under this section.\n  (6) Where an insurance certificate is issued under this section in respect of a ship registered in Australia, the Minister shall cause a copy of the certificate to be forwarded to a person who is a prescribed person for the purposes of this subsection.\n\n#### 17 Extension, cancellation and lapsing of insurance certificates\n\n  (1) Where:\n    (a) a ship in respect of which an insurance certificate has been issued under section 16 is not at a port in Australia at the time when the certificate expires or is about to expire; and\n    (b) the Minister is satisfied that, after the day specified in the certificate as the day until which it is to remain in force, there will be in force a contract of insurance or other financial security in respect of the ship in an amount that will cover the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship;\n  the Minister may, if it appears proper and reasonable to do so, extend the certificate for a period that expires on or before the day that the Minister is satisfied is the last day in the balance of the period during which that contract of insurance or other financial security is to remain in force, being a period that does not exceed one month from the day referred to in paragraph (b).\n  (2) An extension of an insurance certificate under subsection (1) is of no further force or effect after the arrival of the ship at a port in Australia.\n  (3) The Minister may cancel an insurance certificate issued under section 16 that is in force in respect of a ship if he or she is satisfied that, by reason of any modification or variation of, or to, the contract of insurance or other financial security in respect of the ship, the owner of the ship will not be covered for an amount that is not less than the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship.\n  (4) If, while an insurance certificate issued under section 16 in respect of a ship registered in Australia or in a country that is not a country to which the Civil Liability Convention applies is in force, the ship ceases to be registered in Australia or in that country, as the case may be, the certificate so issued thereupon ceases to be in force.\n  (5) Where an insurance certificate issued under section 16 in respect of the ship is cancelled under subsection (3) or ceases to be in force by virtue of subsection (4), the master shall forthwith cause the certificate to be lodged with a person referred to in paragraph 16(2)(b).\n\nPenalty: 20 penalty units.\n\n#### 18 Government ships\n\n  (1) Where a ship is owned by the Commonwealth or by a State, the Minister may issue:\n    (a) in the case of a ship owned by the Commonwealth—a certificate certifying that the ship is owned by the Commonwealth and that any liability for pollution damage up to the limits of liability applicable in relation to the ship under Article V of the Convention will be met by the Commonwealth; or\n    (b) in the case of a ship owned by a State—a certificate certifying:\n    (i) that the ship is owned by the State; and\n    (ii) if the Minister is satisfied that any liability for pollution damage up to the limits of liability applicable in relation to the ship under Article V of the Convention will be met by the State—that any such liability will be so met by the State.\n  (2) Subject to subsection (3), a certificate issued under subsection (1) remains in force for such period as is specified in the certificate.\n  (3) If, while a certificate issued under subsection (1) in respect of a ship owned by the Commonwealth or by a State is in force, the ship ceases to be owned by the Commonwealth or by the State, as the case may be, the certificate so issued thereupon ceases to be in force.\n  (4) Every country to which the Civil Liability Convention applies shall, in any proceedings brought in a court in Australia to enforce a claim in respect of a liability incurred under the applied provisions of the Convention, be deemed to have submitted to the jurisdiction of that court and to have waived any defence based on its status as a sovereign country, but nothing in this subsection shall permit the levy of execution against the property of such a country.\n\n#### 19 Review of decisions\n\n  (1) Application may be made to the Administrative Review Tribunal for review of:\n    (a) a decision to refuse to issue an insurance certificate under section 16; or\n    (b) a decision to cancel an insurance certificate under subsection 17(3).\n  (2) Where the Minister makes a decision referred to in subsection (1) and gives to a 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 Administrative Review Tribunal Act 2024, an application may be made to the Administrative Review Tribunal for review of the decision by or on behalf of any person whose interests are affected by the decision.\n  (3) Any failure to comply with the requirements of subsection (2) in relation to a decision does not affect the validity of the decision.\n\n## Part IIIA—Proof of possession of adequate insurance cover by certain ships\n\n#### 19A Definitions\n\n  In this Part:\n\n> Government ship means a ship (including a warship) owned by a country, and includes a ship owned by the Commonwealth or by a State.\n\n> officer means:\n\n    (a) an officer of Customs within the meaning of the Customs Act 1901; or\n    (b) an inspector within the meaning of the Navigation Act 2012; or\n    (c) a member or a special member of the Australian Federal Police within the meaning of the Australian Federal Police Act 1979; or\n    (d) a person included in a class of persons declared by the regulations to be a class of officers for the purposes of this section.\n\n> owner has the same meaning as in the Convention.\n\n> relevant insurance certificate, in relation to a ship, means a document or documents that contain the prescribed information, being information relevant to establishing that the owner of the ship is maintaining insurance or other financial security in respect of the ship that covers the liability of the owner for pollution damage caused in Australia for an amount that is not less than the prescribed amount.\n\n> State includes the Northern Territory.\n\n#### 19B Application\n\n  (1) Subject to subsection (2), this Part applies to a ship:\n    (a) that carries oil as cargo or bunker; and\n    (b) that has a gross tonnage of 400 or more; and\n    (c) to which Part III does not apply; and\n    (d) to which Part 3 of the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 does not apply.\n  (2) This Part does not apply to a Government ship, other than a Government ship that is being used for commercial purposes.\n\n#### 19C Insurance certificates to be carried on ships to which Part applies\n\n  (1) If a ship enters or leaves, or attempts to enter or leave, a port in Australia without carrying on board a relevant insurance certificate in respect of the ship, the master and the owner of the ship each commit an offence punishable, upon conviction, by a fine of not more than 500 penalty units.\n  (2) An officer may require the master or other person in charge of a ship to produce a relevant insurance certificate in respect of the ship and, if the master or other person refuses or fails to produce such a certificate to the officer, he or she commits an offence punishable, upon conviction, by a fine of not more than 20 penalty units.\n  (3) If an officer has reasonable grounds to believe that the master or other person in charge of a ship is attempting to take the ship out of a port in Australia at a time when the ship is not carrying on board a relevant insurance certificate in respect of the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.\n  (4) The master of a ship detained at a port under subsection (3), and the owner of such a ship, each commit an offence punishable on conviction by a fine of not more than 500 penalty units if the ship leaves the port before it has been released from detention.\n  (5) Strict liability applies to subsections (1), (2) and (4).\n  (6) Chapter 2 of the Criminal Code applies to an offence against this section.\n\n## Part IV—Recovery of expenses of Authority under the Protection of the Sea (Powers of Intervention) Act 1981\n\n#### 20 Expenses etc. incurred by Authority debt due to Commonwealth\n\n  (1) Subject to this section, where the Authority incurs any expense or other liability in, or by reason of, the exercise of the Authority’s powers under section 8, 9 or 10 of the Protection of the Sea (Powers of Intervention) Act 1981 in respect of an incident, the amount of that expense or other liability is:\n    (a) if that expense or other liability was incurred in, or by reason of, the exercise of those powers in relation to a single ship—a debt due to the Commonwealth by the owner of that ship; or\n    (b) if that expense or other liability was incurred in, or by reason of, the exercise of those powers in relation to 2 or more ships—a debt due to the Commonwealth jointly and severally by the owners of those ships.\n  (2) Subsection (1) does not apply in relation to the owner of a ship in respect of an incident referred to in that subsection where the owner proves that the incident:\n    (a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character;\n    (b) was wholly caused by an act or omission done by a third party with intent to cause damage; or\n    (c) was wholly caused by the negligence or other wrongful act of any government, or other authority, responsible for the maintenance of lights or other navigational aids in the exercise of its functions in relation to those lights or aids.\n  (3) Subject to subsection (6), where an incident referred to in subsection (1) did not occur as a result of the actual fault or privity of the owner of a ship, the liability of the owner of the ship under subsection (1) in respect of the incident shall not exceed the limit of any liability in respect of the incident that applies to the incident under the provisions of one or more international conventions, being provisions in force in relation to Australia.\n  (4) A debt due to the Commonwealth by a person by virtue of this section may be recovered from the person in any court of competent jurisdiction.\n  (5) This section does not apply in relation to pollution damage within the meaning of the Convention.\n  (7) In this section:\n\n> incident means an occurrence, or a series of occurrences having the same origin.\n\n> owner, in relation to a ship in respect of an incident, means the owner of the ship at the time of the incident or, if the incident consists of a series of occurrences having the same origin, at the time of the first of the occurrences.\n\n> third party, in relation to a ship, means any person other than:\n\n    (a) the owner of the ship;\n    (b) a servant or agent of the owner of the ship; or\n    (c) the master, an officer or any other member of the crew of the ship or of any other ship also owned by the owner of the ship.\n\n#### 21 Expenses etc. incurred by Authority charge on ship\n\n  The amount:\n    (a) that the owner of a ship is liable, or the owners of 2 or more ships are jointly and severally liable, under the applied provisions of the Convention, to pay to the Commonwealth by way of compensation for any expense or other liabilities incurred by the Authority in, or by reason of, the exercise of the Authority’s powers under section 8, 9 or 10 of the Protection of the Sea (Powers of Intervention) Act 1981; or\n    (b) that the owner of a ship is liable, or the owners of 2 or more ships are jointly and severally liable, to pay to the Commonwealth under section 20;\n  is a charge on that ship, or on each of those ships, as the case may be.\n\n#### 22 Detention of ships\n\n  (1) Subject to subsection (2), where an amount is, by virtue of section 21, a charge on a ship, the ship may be detained by a person authorized in writing by the Minister for the purposes of this section and may be so detained until the amount is paid or security for the payment of the amount is provided to the satisfaction of the Minister.\n  (1A) If a ship is detained under this section, the person authorised to detain it may escort it to a port in Australia.\n  (1B) While a ship is detained under this section, 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.\n  (2) Subsection (1) does not apply in relation to a foreign ship unless the ship is in Australian waters or in the exclusive economic zone.\n  (3) Where a ship that has been detained under this section goes to sea before it is released from detention, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction:\n    (a) in the case of the master—by a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both;\n    (b) in the case of the owner, if the owner is not a body corporate—by a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both; or\n    (c) in the case of the owner, if the owner is a body corporate—by a fine not exceeding 100 penalty units.\n  (3A) An offence under subsection (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (4) In this section:\n\n> Australian waters means:\n\n    (a) the territorial sea of Australia; and\n    (b) the sea on the landward side of the territorial sea of Australia.\n\n> exclusive economic zone means the exclusive economic zone, within the meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast of Australia or the coast of an external Territory.\n\n> foreign ship means a ship:\n\n    (a) that is not registered in Australia; and\n    (b) that does not have Australian nationality.\n\n## Part IVA—Recovery of loss etc. incurred by the Authority because of discharges or threatened discharges from ships\n\n#### 22A Recovery of loss etc. by the Authority\n\n  (1) This section applies if the Authority suffers loss or damage, or incurs costs or expenses, in preventing or mitigating or in attempting to prevent or mitigate any pollution damage, because of:\n    (a) a discharge or disposal in contravention of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983; or\n    (b) action taken by the Authority in performance of its function, under paragraph 6(1)(a) of the Australian Maritime Safety Authority Act 1990, to combat pollution in the marine environment caused by a discharge or disposal from a ship, or to combat a threat of pollution in the marine environment caused by a threat of a discharge or disposal from a ship.\n  (2) The Authority may recover from:\n    (a) the owner or the master of the ship from which the discharge or disposal occurred, or from which there was the threat of a discharge or disposal; or\n    (b) any person whose act caused the discharge or disposal, or the threat of a discharge or disposal;\n  the amount of the loss, damage, costs and expenses.\n  (3) The amount is recoverable as a debt in a court of competent jurisdiction.\n\n## Part V—Miscellaneous\n\n#### 23 Prosecution of offences against subsections 15(1), (2) and (3) and 22(3)\n\n  (1) Subject to subsection (2), an offence against subsection 15(1) or (2) or 22(3) is an indictable offence.\n  (2) Notwithstanding that an offence referred to in subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.\n  (3) Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence referred to in subsection (1), the penalty that the court may impose is a fine not exceeding:\n    (a) in the case of a person, not being a body corporate—20 penalty units; and\n    (b) in the case of a person, being a body corporate—50 penalty units.\n  (4) Where, in proceedings for an offence against subsection 15(1), (2) or (3) or 22(3) in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.\n  (5) Any conduct engaged in on behalf of a corporation:\n    (a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or\n    (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;\n  shall be deemed, for the purposes of a provision of this Act that creates an offence, to have been engaged in by the corporation.\n  (6) A reference in subsection (4) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.\n\n#### 24 No time limit for prosecution\n\n  A prosecution for an offence against this Act may be brought at any time.\n\n#### 25 Regulations to give effect to Article X of Convention\n\n  (1) The regulations may make provision for and in relation to giving effect to Article X of the Convention including:\n    (a) provision for investing the Supreme Courts of the States with federal jurisdiction, and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made by virtue of this section; and\n    (b) provision fixing fees to be paid in respect of any matters under regulations made by virtue of this section.\n  (2) Subsection (1) shall not be taken as limiting the power of a judge or judges of the Supreme Court of a State or Territory to make rules of court with respect to a matter that is not provided for in regulations made by virtue of that subsection.\n\n#### 26 Delegation\n\n  (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a person any of his or her powers under this Act, other than this power of delegation.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.\n  (3) A delegation under this section does not prevent the exercise of a power by the Minister.\n\n#### 27 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":31},{"sectionNumber":"22A","sectionType":"section","heading":"Recovery of loss etc. by the Authority","content":"#### 22A Recovery of loss etc. by the Authority\n\n  (1) This section applies if the Authority suffers loss or damage, or incurs costs or expenses, in preventing or mitigating or in attempting to prevent or mitigate any pollution damage, because of:\n    (a) a discharge or disposal in contravention of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983; or\n    (b) action taken by the Authority in performance of its function, under paragraph 6(1)(a) of the Australian Maritime Safety Authority Act 1990, to combat pollution in the marine environment caused by a discharge or disposal from a ship, or to combat a threat of pollution in the marine environment caused by a threat of a discharge or disposal from a ship.\n  (2) The Authority may recover from:\n    (a) the owner or the master of the ship from which the discharge or disposal occurred, or from which there was the threat of a discharge or disposal; or\n    (b) any person whose act caused the discharge or disposal, or the threat of a discharge or disposal;\n  the amount of the loss, damage, costs and expenses.\n  (3) The amount is recoverable as a debt in a court of competent jurisdiction.","sortOrder":32},{"sectionNumber":"Part V","sectionType":"part","heading":"Miscellaneous","content":"An Act relating to civil liability for pollution damage\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 2 Commencement\n\n  (1) This Act shall come into operation on a date to be fixed by Proclamation.\n  (2) The date fixed under subsection (1) shall not be a date earlier than the date on which the International Convention on Civil Liability for Oil Pollution Damage comes into force for Australia.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> applied provisions of the Convention means the provisions of the Convention that, by virtue of section 8, have the force of law as part of the law of the Commonwealth.\n\n> Australia includes the external Territories.\n\n> Authority means the Australian Maritime Safety Authority.\n\n> Civil Liability Convention means the International Convention on Civil Liability for Oil Pollution Damage (a copy of the English text of which is set forth in Schedule 1).\n\n> country to which the Civil Liability Convention applies means a country or territory specified in a notice under section 6.\n\n> regulated Australian vessel: a ship is a regulated Australian vessel if it is a regulated Australian vessel for the purposes of the Navigation Act 2012.\n\n> the 1992 Protocol means the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (a copy of the English text of which is set out in Schedule 2), as amended by resolution LEG.1(82) adopted by the Legal Committee of the International Maritime Organization on 18 October 2000 (a copy of the English text of which is set out in Schedule 3).\n\n> the Convention means Articles I to XII ter, including the model certificate, of the Civil Liability Convention as amended by the 1992 Protocol.\n\n  (2) Except in so far as the contrary intention appears, an expression that is used in either Part II or Part III and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in that Part, the same meaning as in the Convention.\n\n#### 4 Act binds the Crown\n\n  This Act binds the Crown in each of its capacities.\n\n#### 5 Operation of Act\n\n  This Act applies both within and outside Australia and extends to every external Territory.\n\n#### 6 Declaration of countries to which Civil Liability Convention applies\n\n  The Minister may, by notice published in the Gazette, declare that, for the purposes of this Act, a country or territory, other than Australia, specified in the notice is a country or territory to which the Civil Liability Convention applies.\n\n#### 6A Application of the Criminal Code\n\n  Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part II—Liability and limitation of liability under Convention\n\n#### 7 Application of this Part\n\n  (1) This Part, the applied provisions of the Convention and regulations made for the purposes of section 12 do not apply in relation to a ship that is not a regulated Australian vessel, when the ship is in a particular area, so far as a law of a State or the Northern Territory gives effect to the applied provisions of the Convention in relation to that ship when it is in that area.\n  (2) However, subsection (1) does not apply in relation to an incident that:\n    (a) is an incident Article IV of the Convention applies to; and\n    (b) involves both:\n    (i) one or more ships that are regulated Australian vessels; and\n    (ii) one or more ships that are not regulated Australian vessels.\n\n#### 8 Certain provisions of Convention to have the force of law\n\n  (1) The following provisions of the Convention have the force of law as part of the law of the Commonwealth: Articles I to VI (inclusive), paragraphs 1, 8 and 9 of Article VII, Article VIII, paragraphs 1 and 3 of Article IX, Article XII bis (other than paragraph (b)), paragraph 1 of Article XI.\n  (2) For the purposes of paragraph 1 of Article VII of the Convention as so having the force of law, that paragraph shall be treated as requiring the owner of a ship referred to in that paragraph, being a ship registered in Australia, to maintain the insurance or other financial security referred to in that paragraph.\n\n#### 9 Claims for compensation\n\n  The Supreme Courts of the States are invested with federal jurisdiction, and jurisdiction, to the extent that the Constitution permits, is conferred on the Supreme Courts of the Territories, to hear and determine claims for compensation under the applied provisions of the Convention in respect of incidents:\n    (a) that have caused pollution damage in a place to which the Convention applies; or\n    (b) in relation to which preventive measures have been taken to prevent or minimize pollution damage in a place to which the Convention applies.\n\n#### 10 Applications to determine limit of liability\n\n  (1) Where a claim for compensation under the applied provisions of the Convention is made in the Supreme Court of a State or Territory against, or is apprehended by, the owner of a ship, or the insurer or other person providing financial security for the liability of the owner of a ship for pollution damage, the owner, the insurer or that other person, as the case may be, may apply:\n    (a) in a case where a claim for compensation under the applied provisions of the Convention has been made in the Supreme Court of a State or Territory—to that Court; or\n    (b) in any other case—to the Supreme Court of any State or the Supreme Court of any Territory having jurisdiction under this subsection;\n  to determine whether he or she may limit his or her liability under the applied provisions of the Convention and, if so, the limit of that liability.\n  (2) Where the Supreme Court of a State or Territory determines that a person may limit his or her liability under the applied provisions of the Convention, the Court may make such orders as it thinks fit with respect to the apportionment and distribution, in accordance with those provisions, of a fund for the payment of claims under those provisions.\n  (3) The Supreme Courts of the States are invested with federal jurisdiction, and, jurisdiction, to the extent that the Constitution permits, is conferred on the Supreme Courts of the Territories, to hear and determine proceedings under this section.\n\n#### 11 Transfer of proceedings\n\n  (1) The Supreme Court of a State or Territory in which a claim for compensation has been made under the applied provisions of the Convention, or in which proceedings under section 10 have been instituted, may, if the Court thinks fit, at any stage in the proceedings, upon application or of its own motion, by order, transfer the proceedings to another Supreme Court.\n  (2) Where proceedings are transferred from a Supreme Court in pursuance of subsection (1):\n    (a) all documents filed, and moneys or guarantees lodged, in that Court in those proceedings shall be transmitted by the Registrar or other proper officer of that Court to the Registrar or other proper officer of the Court to which the proceedings are transferred; and\n    (b) the Court to which the proceedings are transferred shall proceed as if the proceedings had been originally instituted in that Court and as if the same proceedings had been taken in that Court as had been taken in the Court from which the proceedings were transferred.\n\n#### 12 Regulations giving effect to applied provisions of Convention etc.\n\n  (1) The regulations may prescribe matters that are necessary or convenient to be prescribed for the purpose of carrying out or giving effect to the applied provisions of the Convention and, for or in connection with that purpose, may make provision for and in relation to:\n    (a) the conversion of the amounts of money referred to in paragraph 1 of Article V of the Convention into amounts of money expressed in the currency of Australia;\n    (b) the kinds of guarantees that are acceptable for the purposes of paragraph 3 of Article V of the Convention;\n    (c) the extent to which the right of subrogation provided for in paragraph 5 of Article V of the Convention may be exercised by a person other than a person referred to in that paragraph; and\n    (d) the ascertainment of the tonnage of a ship, including the estimation of the tonnage of a ship in circumstances where it is not possible or reasonably practicable to measure its tonnage.\n  (2) Subsection (1) shall not be taken as limiting the power of a judge or judges of the Supreme Court of a State or Territory to make rules of court with respect to a matter that is not provided for in the applied provisions of the Convention or in regulations made by virtue of that subsection.\n\n## Part III—Insurance certificates relating to liability for pollution damage\n\n#### 13 Interpretation\n\n  (1) In this Part, Government ship means a ship (including a warship) owned by a country, and includes a ship owned by the Commonwealth or by a State.\n  (2) In this Part:\n    (a) a reference to a contract of insurance, or other financial security, in respect of a ship shall be construed as a reference to a contract of insurance, or other financial security, covering the liability of the owner of the ship under the applied provisions of the Convention for pollution damage caused in Australia or on the territory, including the territorial sea, of a country to which the Civil Liability Convention applies;\n    (b) a reference to the limits of the liability prescribed by paragraph 1 of Article V of the Convention, in relation to a ship, shall be construed as a reference to the amount to which the owner of the ship is entitled, under that paragraph, in its application to the ship as part of the law of the Commonwealth, to limit his or her liability under the Convention in respect of any one incident;\n    (c) a reference to a State shall be construed as including a reference to the Northern Territory.\n\n#### 14 Application\n\n  (1) Subject to subsection (2), this Part applies to every ship that is carrying more than 2,000 tons of oil in bulk as cargo and, where such a ship is unregistered, this Part applies to and in relation to the ship as if it were registered in the country whose flag the ship is flying.\n  (2) This Part does not apply to a Government ship, other than a Government ship that is being used for commercial purposes.\n\n#### 15 Insurance certificates to be carried on certain ships\n\n  (1) Where a ship to which this Part applies enters or leaves, or attempts to enter or leave, a port in Australia, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial sea of Australia, without carrying on board the ship a relevant insurance certificate in respect of the ship, being such a certificate that is in force, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—500 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—500 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—1,000 penalty units.\n  (2) Where a ship to which this Part applies, being a ship registered in Australia, enters or leaves, or attempts to enter or leave, a port in a country other than Australia, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial sea of a country other than Australia, without carrying on board the ship a relevant insurance certificate in respect of the ship, being such a certificate that is in force, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—500 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—500 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—1,000 penalty units.\n  (3) Where, otherwise than in circumstances to which subsection (1) applies or, in the case of a ship registered in Australia, to which subsection (2) applies, at any time a relevant insurance certificate is in force in respect of a ship to which this Part applies and is not carried on board the ship, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:\n    (a) in the case of the master—20 penalty units;\n    (b) in the case of the owner, if the owner is not a body corporate—20 penalty units; and\n    (c) in the case of the owner, if the owner is a body corporate—50 penalty units.\n  (3A) An offence under subsection (1), (2) or (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (4) An officer may require the master or other person in charge of a ship to which this Part applies to produce a relevant insurance certificate in respect of the ship, being such a certificate that is in force, and, if he or she fails to produce the certificate to the officer, he or she commits an offence against this subsection punishable, upon conviction, by a fine not exceeding 20 penalty units.\n  (4A) An offence under subsection (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (5) Where an officer has reasonable grounds to believe that the master or other person in charge of a ship to which this Part applies is attempting to take the ship out of a port in Australia at a time when a relevant insurance certificate in respect of the ship, being such a certificate that is in force, is not being carried on board the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.\n  (6) This section is not intended to exclude or limit the concurrent operation of a provision of a law of a State giving effect to paragraphs 1, 2 and 3 of Article VII of the Convention in relation to a ship that is not a regulated Australian vessel.\n  (7) For the purposes of this section, a relevant insurance certificate in respect of a ship is:\n    (a) if the ship is registered in Australia and is not a Government ship:\n    (i) in the case of a ship that is a regulated Australian vessel—a certificate issued under section 16 in respect of the ship; or\n    (ii) in the case of a ship that is not a regulated Australian vessel—a certificate issued under section 16 in respect of the ship, or a certificate issued in respect of the ship under a law of a State that makes provision giving effect to paragraphs 1, 2 and 3 of Article VII of the Convention in relation to that ship; or\n    (b) if the ship is registered in a country to which the Civil Liability Convention applies and is not a Government ship—a certificate issued, for the purposes of Article VII of the Convention, by or under the authority of the Government of that country; or\n    (c) if the ship is registered in a country that is not a country to which the Civil Liability Convention applies and is not a Government ship—a certificate issued under section 16 or a certificate that is, under the regulations, to be taken to be a relevant insurance certificate in respect of the ship for the purposes of this paragraph; or\n    (d) if the ship is owned by the Commonwealth—a certificate issued under section 18 in respect of the ship; or\n    (e) if the ship is owned by a State:\n    (i) a certificate issued under section 18 in respect of the ship; or\n    (ii) a certificate issued under a provision of the law of the State that makes provision in relation to ships owned by the State that corresponds with the provisions of section 18 in relation to ships owned by the Commonwealth; or\n    (f) if the ship is owned by the Government of a country other than Australia—a certificate of a kind referred to in subsection 18(1) issued by the Government of that country.\n  (8) In this section, officer means:\n    (a) an officer of Customs within the meaning of the Customs Act 1901; or\n    (b) an inspector within the meaning of the Navigation Act 2012; or\n    (c) a person included in a class of persons declared by the regulations to be a class of officers for the purposes of this section.\n\n#### 16 Issue of insurance certificates\n\n  (1) The owner, master or agent of a ship to which this Part applies, being a ship that is registered in Australia or in a country that is not a country to which the Civil Liability Convention applies, may make application to the Minister for the issue of an insurance certificate in respect of the ship.\n  (2) An application under subsection (1):\n    (a) shall be in accordance with the form approved in an instrument under subsection (2A); and\n    (b) shall be lodged with a person who is a prescribed person for the purposes of this subsection.\n  (2A) The Minister may, by notifiable instrument, approve a form for the purposes of paragraph (2)(a).\n  (2B) The Minister must cause the form to be published on the Authority’s website.\n  (3) Where application is made to the Minister under subsection (1) in respect of a ship, the Minister shall:\n    (a) if he or she is satisfied that the owner of the ship is maintaining insurance or other financial security in respect of the ship in an amount that will cover the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship—issue to the applicant an insurance certificate in respect of the ship; or\n    (b) if he or she is not so satisfied—refuse to issue such a certificate in respect of the ship.\n  (4) An insurance certificate issued under subsection (3) in respect of a ship:\n    (a) shall be in accordance with the form approved in an instrument under subsection (4A), being a form which contains, but is not limited to containing, the particulars specified in paragraph 2 of Article VII of the Convention;\n    (b) comes into force on such day as is specified in the certificate; and\n    (c) remains in force, subject to this Part, until the expiration of such day as is specified in the certificate, being:\n    (i) the day that is the last day in the period of 12 months commencing on the day on which the certificate comes into force; or\n    (ii) the day that the Minister is satisfied is the last day in the balance of the period during which the insurance or other financial security in respect of the ship is to remain in force;\n    whichever is the earlier day.\n  (4A) The Minister may, by notifiable instrument, approve a form for the purposes of paragraph (4)(a).\n  (4B) The Minister must cause the form to be published on the Authority’s website.\n  (5) Such fees (if any) as are prescribed are payable in respect of the issue of an insurance certificate in respect of a ship under this section.\n  (6) Where an insurance certificate is issued under this section in respect of a ship registered in Australia, the Minister shall cause a copy of the certificate to be forwarded to a person who is a prescribed person for the purposes of this subsection.\n\n#### 17 Extension, cancellation and lapsing of insurance certificates\n\n  (1) Where:\n    (a) a ship in respect of which an insurance certificate has been issued under section 16 is not at a port in Australia at the time when the certificate expires or is about to expire; and\n    (b) the Minister is satisfied that, after the day specified in the certificate as the day until which it is to remain in force, there will be in force a contract of insurance or other financial security in respect of the ship in an amount that will cover the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship;\n  the Minister may, if it appears proper and reasonable to do so, extend the certificate for a period that expires on or before the day that the Minister is satisfied is the last day in the balance of the period during which that contract of insurance or other financial security is to remain in force, being a period that does not exceed one month from the day referred to in paragraph (b).\n  (2) An extension of an insurance certificate under subsection (1) is of no further force or effect after the arrival of the ship at a port in Australia.\n  (3) The Minister may cancel an insurance certificate issued under section 16 that is in force in respect of a ship if he or she is satisfied that, by reason of any modification or variation of, or to, the contract of insurance or other financial security in respect of the ship, the owner of the ship will not be covered for an amount that is not less than the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship.\n  (4) If, while an insurance certificate issued under section 16 in respect of a ship registered in Australia or in a country that is not a country to which the Civil Liability Convention applies is in force, the ship ceases to be registered in Australia or in that country, as the case may be, the certificate so issued thereupon ceases to be in force.\n  (5) Where an insurance certificate issued under section 16 in respect of the ship is cancelled under subsection (3) or ceases to be in force by virtue of subsection (4), the master shall forthwith cause the certificate to be lodged with a person referred to in paragraph 16(2)(b).\n\nPenalty: 20 penalty units.\n\n#### 18 Government ships\n\n  (1) Where a ship is owned by the Commonwealth or by a State, the Minister may issue:\n    (a) in the case of a ship owned by the Commonwealth—a certificate certifying that the ship is owned by the Commonwealth and that any liability for pollution damage up to the limits of liability applicable in relation to the ship under Article V of the Convention will be met by the Commonwealth; or\n    (b) in the case of a ship owned by a State—a certificate certifying:\n    (i) that the ship is owned by the State; and\n    (ii) if the Minister is satisfied that any liability for pollution damage up to the limits of liability applicable in relation to the ship under Article V of the Convention will be met by the State—that any such liability will be so met by the State.\n  (2) Subject to subsection (3), a certificate issued under subsection (1) remains in force for such period as is specified in the certificate.\n  (3) If, while a certificate issued under subsection (1) in respect of a ship owned by the Commonwealth or by a State is in force, the ship ceases to be owned by the Commonwealth or by the State, as the case may be, the certificate so issued thereupon ceases to be in force.\n  (4) Every country to which the Civil Liability Convention applies shall, in any proceedings brought in a court in Australia to enforce a claim in respect of a liability incurred under the applied provisions of the Convention, be deemed to have submitted to the jurisdiction of that court and to have waived any defence based on its status as a sovereign country, but nothing in this subsection shall permit the levy of execution against the property of such a country.\n\n#### 19 Review of decisions\n\n  (1) Application may be made to the Administrative Review Tribunal for review of:\n    (a) a decision to refuse to issue an insurance certificate under section 16; or\n    (b) a decision to cancel an insurance certificate under subsection 17(3).\n  (2) Where the Minister makes a decision referred to in subsection (1) and gives to a 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 Administrative Review Tribunal Act 2024, an application may be made to the Administrative Review Tribunal for review of the decision by or on behalf of any person whose interests are affected by the decision.\n  (3) Any failure to comply with the requirements of subsection (2) in relation to a decision does not affect the validity of the decision.\n\n## Part IIIA—Proof of possession of adequate insurance cover by certain ships\n\n#### 19A Definitions\n\n  In this Part:\n\n> Government ship means a ship (including a warship) owned by a country, and includes a ship owned by the Commonwealth or by a State.\n\n> officer means:\n\n    (a) an officer of Customs within the meaning of the Customs Act 1901; or\n    (b) an inspector within the meaning of the Navigation Act 2012; or\n    (c) a member or a special member of the Australian Federal Police within the meaning of the Australian Federal Police Act 1979; or\n    (d) a person included in a class of persons declared by the regulations to be a class of officers for the purposes of this section.\n\n> owner has the same meaning as in the Convention.\n\n> relevant insurance certificate, in relation to a ship, means a document or documents that contain the prescribed information, being information relevant to establishing that the owner of the ship is maintaining insurance or other financial security in respect of the ship that covers the liability of the owner for pollution damage caused in Australia for an amount that is not less than the prescribed amount.\n\n> State includes the Northern Territory.\n\n#### 19B Application\n\n  (1) Subject to subsection (2), this Part applies to a ship:\n    (a) that carries oil as cargo or bunker; and\n    (b) that has a gross tonnage of 400 or more; and\n    (c) to which Part III does not apply; and\n    (d) to which Part 3 of the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 does not apply.\n  (2) This Part does not apply to a Government ship, other than a Government ship that is being used for commercial purposes.\n\n#### 19C Insurance certificates to be carried on ships to which Part applies\n\n  (1) If a ship enters or leaves, or attempts to enter or leave, a port in Australia without carrying on board a relevant insurance certificate in respect of the ship, the master and the owner of the ship each commit an offence punishable, upon conviction, by a fine of not more than 500 penalty units.\n  (2) An officer may require the master or other person in charge of a ship to produce a relevant insurance certificate in respect of the ship and, if the master or other person refuses or fails to produce such a certificate to the officer, he or she commits an offence punishable, upon conviction, by a fine of not more than 20 penalty units.\n  (3) If an officer has reasonable grounds to believe that the master or other person in charge of a ship is attempting to take the ship out of a port in Australia at a time when the ship is not carrying on board a relevant insurance certificate in respect of the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.\n  (4) The master of a ship detained at a port under subsection (3), and the owner of such a ship, each commit an offence punishable on conviction by a fine of not more than 500 penalty units if the ship leaves the port before it has been released from detention.\n  (5) Strict liability applies to subsections (1), (2) and (4).\n  (6) Chapter 2 of the Criminal Code applies to an offence against this section.\n\n## Part IV—Recovery of expenses of Authority under the Protection of the Sea (Powers of Intervention) Act 1981\n\n#### 20 Expenses etc. incurred by Authority debt due to Commonwealth\n\n  (1) Subject to this section, where the Authority incurs any expense or other liability in, or by reason of, the exercise of the Authority’s powers under section 8, 9 or 10 of the Protection of the Sea (Powers of Intervention) Act 1981 in respect of an incident, the amount of that expense or other liability is:\n    (a) if that expense or other liability was incurred in, or by reason of, the exercise of those powers in relation to a single ship—a debt due to the Commonwealth by the owner of that ship; or\n    (b) if that expense or other liability was incurred in, or by reason of, the exercise of those powers in relation to 2 or more ships—a debt due to the Commonwealth jointly and severally by the owners of those ships.\n  (2) Subsection (1) does not apply in relation to the owner of a ship in respect of an incident referred to in that subsection where the owner proves that the incident:\n    (a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character;\n    (b) was wholly caused by an act or omission done by a third party with intent to cause damage; or\n    (c) was wholly caused by the negligence or other wrongful act of any government, or other authority, responsible for the maintenance of lights or other navigational aids in the exercise of its functions in relation to those lights or aids.\n  (3) Subject to subsection (6), where an incident referred to in subsection (1) did not occur as a result of the actual fault or privity of the owner of a ship, the liability of the owner of the ship under subsection (1) in respect of the incident shall not exceed the limit of any liability in respect of the incident that applies to the incident under the provisions of one or more international conventions, being provisions in force in relation to Australia.\n  (4) A debt due to the Commonwealth by a person by virtue of this section may be recovered from the person in any court of competent jurisdiction.\n  (5) This section does not apply in relation to pollution damage within the meaning of the Convention.\n  (7) In this section:\n\n> incident means an occurrence, or a series of occurrences having the same origin.\n\n> owner, in relation to a ship in respect of an incident, means the owner of the ship at the time of the incident or, if the incident consists of a series of occurrences having the same origin, at the time of the first of the occurrences.\n\n> third party, in relation to a ship, means any person other than:\n\n    (a) the owner of the ship;\n    (b) a servant or agent of the owner of the ship; or\n    (c) the master, an officer or any other member of the crew of the ship or of any other ship also owned by the owner of the ship.\n\n#### 21 Expenses etc. incurred by Authority charge on ship\n\n  The amount:\n    (a) that the owner of a ship is liable, or the owners of 2 or more ships are jointly and severally liable, under the applied provisions of the Convention, to pay to the Commonwealth by way of compensation for any expense or other liabilities incurred by the Authority in, or by reason of, the exercise of the Authority’s powers under section 8, 9 or 10 of the Protection of the Sea (Powers of Intervention) Act 1981; or\n    (b) that the owner of a ship is liable, or the owners of 2 or more ships are jointly and severally liable, to pay to the Commonwealth under section 20;\n  is a charge on that ship, or on each of those ships, as the case may be.\n\n#### 22 Detention of ships\n\n  (1) Subject to subsection (2), where an amount is, by virtue of section 21, a charge on a ship, the ship may be detained by a person authorized in writing by the Minister for the purposes of this section and may be so detained until the amount is paid or security for the payment of the amount is provided to the satisfaction of the Minister.\n  (1A) If a ship is detained under this section, the person authorised to detain it may escort it to a port in Australia.\n  (1B) While a ship is detained under this section, 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.\n  (2) Subsection (1) does not apply in relation to a foreign ship unless the ship is in Australian waters or in the exclusive economic zone.\n  (3) Where a ship that has been detained under this section goes to sea before it is released from detention, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction:\n    (a) in the case of the master—by a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both;\n    (b) in the case of the owner, if the owner is not a body corporate—by a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both; or\n    (c) in the case of the owner, if the owner is a body corporate—by a fine not exceeding 100 penalty units.\n  (3A) An offence under subsection (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (4) In this section:\n\n> Australian waters means:\n\n    (a) the territorial sea of Australia; and\n    (b) the sea on the landward side of the territorial sea of Australia.\n\n> exclusive economic zone means the exclusive economic zone, within the meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast of Australia or the coast of an external Territory.\n\n> foreign ship means a ship:\n\n    (a) that is not registered in Australia; and\n    (b) that does not have Australian nationality.\n\n## Part IVA—Recovery of loss etc. incurred by the Authority because of discharges or threatened discharges from ships\n\n#### 22A Recovery of loss etc. by the Authority\n\n  (1) This section applies if the Authority suffers loss or damage, or incurs costs or expenses, in preventing or mitigating or in attempting to prevent or mitigate any pollution damage, because of:\n    (a) a discharge or disposal in contravention of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983; or\n    (b) action taken by the Authority in performance of its function, under paragraph 6(1)(a) of the Australian Maritime Safety Authority Act 1990, to combat pollution in the marine environment caused by a discharge or disposal from a ship, or to combat a threat of pollution in the marine environment caused by a threat of a discharge or disposal from a ship.\n  (2) The Authority may recover from:\n    (a) the owner or the master of the ship from which the discharge or disposal occurred, or from which there was the threat of a discharge or disposal; or\n    (b) any person whose act caused the discharge or disposal, or the threat of a discharge or disposal;\n  the amount of the loss, damage, costs and expenses.\n  (3) The amount is recoverable as a debt in a court of competent jurisdiction.\n\n## Part V—Miscellaneous\n\n#### 23 Prosecution of offences against subsections 15(1), (2) and (3) and 22(3)\n\n  (1) Subject to subsection (2), an offence against subsection 15(1) or (2) or 22(3) is an indictable offence.\n  (2) Notwithstanding that an offence referred to in subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.\n  (3) Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence referred to in subsection (1), the penalty that the court may impose is a fine not exceeding:\n    (a) in the case of a person, not being a body corporate—20 penalty units; and\n    (b) in the case of a person, being a body corporate—50 penalty units.\n  (4) Where, in proceedings for an offence against subsection 15(1), (2) or (3) or 22(3) in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.\n  (5) Any conduct engaged in on behalf of a corporation:\n    (a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or\n    (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;\n  shall be deemed, for the purposes of a provision of this Act that creates an offence, to have been engaged in by the corporation.\n  (6) A reference in subsection (4) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.\n\n#### 24 No time limit for prosecution\n\n  A prosecution for an offence against this Act may be brought at any time.\n\n#### 25 Regulations to give effect to Article X of Convention\n\n  (1) The regulations may make provision for and in relation to giving effect to Article X of the Convention including:\n    (a) provision for investing the Supreme Courts of the States with federal jurisdiction, and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made by virtue of this section; and\n    (b) provision fixing fees to be paid in respect of any matters under regulations made by virtue of this section.\n  (2) Subsection (1) shall not be taken as limiting the power of a judge or judges of the Supreme Court of a State or Territory to make rules of court with respect to a matter that is not provided for in regulations made by virtue of that subsection.\n\n#### 26 Delegation\n\n  (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a person any of his or her powers under this Act, other than this power of delegation.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.\n  (3) A delegation under this section does not prevent the exercise of a power by the Minister.\n\n#### 27 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":33},{"sectionNumber":"23","sectionType":"section","heading":"Prosecution of offences against subsections 15(1), (2) and (3) and 22(3)","content":"#### 23 Prosecution of offences against subsections 15(1), (2) and (3) and 22(3)\n\n  (1) Subject to subsection (2), an offence against subsection 15(1) or (2) or 22(3) is an indictable offence.\n  (2) Notwithstanding that an offence referred to in subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.\n  (3) Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence referred to in subsection (1), the penalty that the court may impose is a fine not exceeding:\n    (a) in the case of a person, not being a body corporate—20 penalty units; and\n    (b) in the case of a person, being a body corporate—50 penalty units.\n  (4) Where, in proceedings for an offence against subsection 15(1), (2) or (3) or 22(3) in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.\n  (5) Any conduct engaged in on behalf of a corporation:\n    (a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or\n    (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;\n  shall be deemed, for the purposes of a provision of this Act that creates an offence, to have been engaged in by the corporation.\n  (6) A reference in subsection (4) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":34},{"sectionNumber":"24","sectionType":"section","heading":"No time limit for prosecution","content":"#### 24 No time limit for prosecution\n\n  A prosecution for an offence against this Act may be brought at any time.","sortOrder":35},{"sectionNumber":"25","sectionType":"section","heading":"Regulations to give effect to Article X of Convention","content":"#### 25 Regulations to give effect to Article X of Convention\n\n  (1) The regulations may make provision for and in relation to giving effect to Article X of the Convention including:\n    (a) provision for investing the Supreme Courts of the States with federal jurisdiction, and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made by virtue of this section; and\n    (b) provision fixing fees to be paid in respect of any matters under regulations made by virtue of this section.\n  (2) Subsection (1) shall not be taken as limiting the power of a judge or judges of the Supreme Court of a State or Territory to make rules of court with respect to a matter that is not provided for in regulations made by virtue of that subsection.","sortOrder":36},{"sectionNumber":"26","sectionType":"section","heading":"Delegation","content":"#### 26 Delegation\n\n  (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a person any of his or her powers under this Act, other than this power of delegation.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.\n  (3) A delegation under this section does not prevent the exercise of a power by the Minister.","sortOrder":37},{"sectionNumber":"27","sectionType":"section","heading":"Regulations","content":"#### 27 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":38}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act was originally designed to implement the International Civil Liability Convention into Australian law (core purpose: make Convention rights and obligations enforceable domestically). Over time the Act's scope has materially expanded beyond simple incorporation: it creates domestic enforcement mechanisms (strict liability offences, detention and criminal penalties) and cost‑recovery routes for the Australian Maritime Safety Authority (ss15, 22, 22A). It also introduces a second, lower‑threshold proof‑of‑insurance regime for a wider class of ships (Part IIIA, ss19A–19C). Those additions move the instrument from a narrow treaty‑implementation statute toward an operational regulatory framework that imposes domestic compliance duties, delegated executive discretion over certificates (ss16–17), and domestic debt/charge enforcement against ships and owners (ss20–22)."},"complexity_factors":["Cross‑references to an international instrument (the Civil Liability Convention) whose terms are imported into domestic law (s8) — requires reading two documents together","Multiple defined terms and overlapping definitions (e.g. owner, Government ship, regulated Australian vessel, relevant insurance certificate) spread across Parts III and IIIA (ss3, 13, 19A)","Conditional application rules and exceptions (e.g. State laws taking precedence in certain areas, incidents involving mixed Australian/non‑Australian regulated vessels) (s7)","Two parallel insurance/certificate regimes (Part III for >2,000 tonnes; Part IIIA for ships ≥400 GT not covered by Part III) with differing thresholds and enforcement (ss14, 19B, 15, 19C)","Varied offence types, penalties and strict liability designations across provisions (ss15, 19C, 22(3))","Significant delegated/regulatory powers (s12, ss25–27) that will materially affect operation but sit outside the primary text","Recovery and charge mechanisms tied to other Acts and to international convention limits (ss20–22, 22A; references to Navigation Act, Customs Act, PPSA)","Administrative appeal/review path specified (s19) referencing external tribunal legislation which adds procedural complexity","Multiple enforcement actors (Customs, AMSA inspectors, AFP members, Ministerial delegates) with different authorities and processes (s15(8), 19A)"],"plain_english_summary":"**What this law does (plain English)\n\n- Implements part of the International Convention on Civil Liability for Oil Pollution Damage (the Convention) so certain Convention articles are treated as Australian law (see s8).\n- Makes the owners (and masters) of ships legally responsible for certain pollution-related liabilities and sets rules about limiting that liability, and about which courts hear claims (see Parts II and ss9–11).\n- Requires ships carrying large quantities of oil (and other specified ships) to prove they have insurance or other financial security for pollution liability by carrying an insurance certificate on board. The Minister issues, extends, cancels and publishes forms for those certificates (see Part III, especially ss14–18 and s16).\n- Creates criminal offences (with fines and, in some cases, imprisonment) for not carrying valid certificates, failing to produce certificates on request, or taking a ship out of port without the required certificate. Several of those offences are strict liability offences (see s15, s19C and notes on strict liability).\n- Allows certain officers (Customs officers, Navigation Act inspectors, AFP members, and any class declared by regulation) to require certificates, detain ships, and enforce penalties (see s15(8), s19A definitions, ss15 and 19C).\n- Gives the Australian Maritime Safety Authority (Authority) a statutory route to recover expenses it incurs when exercising intervention powers (charging the ship, detaining it until payment or security is provided) and to recover costs of pollution-response action (see ss20–22, 22A).\n- Gives the Minister the power to make regulations and to delegate powers (ss25–27, s26). It also allows regulations to convert Convention monetary figures into Australian currency and to prescribe acceptable guarantees and tonnage rules (s12).\n\nWho this affects\n\n- Ship owners and masters: especially owners of ships carrying >2,000 tonnes of oil in bulk (Part III) and ships >=400 GT that carry oil but are not covered by Part III (Part IIIA). Owners and masters face compliance duties, possible fines and, in some cases, imprisonment (ss14, 19B, 15, 19C, 22(3)).\n- Insurers and financial security providers: the Minister must be satisfied an owner has cover before issuing a certificate (s16(3)).\n- The Australian Maritime Safety Authority (Authority) and authorised officers: they exercise inspection, detention and cost-recovery powers (ss15(5), 22, 22A).\n- Courts: State and Territory Supreme Courts are invested to hear Convention-based claims and limit-of-liability applications (ss9–11).\n\nWhy it matters (mechanics and incentives)\n\n- The Act mechanistically converts specific Convention provisions into Commonwealth law so third parties can bring claims in Australian courts and owners must hold minimum financial security (s8, s9).\n- Who pays: primary financial responsibility for response/recovery, and potential debt to the Commonwealth for AMSA expenses, falls on ship owners or, where relevant, masters or third parties who caused discharge (ss20, 22A). Owners’ liability may be capped to levels in international conventions if fault or privity is absent (s20(3)).\n- Who decides: the Minister decides about issuing, extending or cancelling insurance certificates (s16, s17); authorised officers decide on inspections and detentions (s15(8), s19A). Courts decide claims, limits and distribution of funds (ss9–11).\n- Behavioural effects: owners must obtain and keep specified insurance or financial security and carry proof on board to avoid fines, detention, or debt-to-government. Insurers and owners will factor these compliance costs into operating costs and contracts. Detention and charge powers create a practical enforcement lever: ships without certificates can be prevented from leaving Australian ports (ss15(5), 22).\n\nCosts, trade‑offs and implementation risks\n\n- Compliance burden: obtaining and maintaining qualifying insurance, document management, and responding to inspection/detention risk create direct costs for ship owners and possible operational delays (ss16, 17, 15(5)).\n- Bureaucratic discretion and delay risk: the Minister’s satisfaction is a precondition to issuing/continuing certificates and to cancellation; delegation and regulation powers concentrate discretion in the executive (ss16(3), 17(3), s26). That creates implementation risk where decisions are slow or variable.\n- Concentration of benefit vs diffuse costs: enforcement and recovery powers channel expenses and penalties towards the Commonwealth/Authority (ss20–22); owners bear concentrated costs, while broader public benefits (pollution risk reduction) are diffused.\n- Overlap with State law and other Commonwealth Acts: the Act permits State laws to operate in some areas and cross-references the Navigation Act, Customs Act and Personal Property Securities Act, creating complexity in jurisdiction and enforcement (s7, s15(8), s22(1B)).\n\nKey execution points in the text: conversion of Convention provisions into law (s8); certificate obligations and sanctions (s15, s16, s17); proof-of-insurance rules for smaller ships (Part IIIA, ss19A–19C); Authority recovery and detention powers (ss20–22, 22A); delegated/regulatory powers (ss12, 25–27)."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's original scope — implementing the 1969 Civil Liability Convention for large oil tankers — has expanded significantly over time. The addition of Part IIIA extends insurance certificate requirements to a much broader class of vessels (any ship of 400+ gross tonnes carrying oil as cargo or bunker fuel), well beyond the original tanker-focused framework. Part IVA was also added to allow AMSA to recover costs from pollution incidents caused by illegal discharges, not just those covered by the Convention. These additions substantially broaden the Act beyond its original treaty-implementation purpose."},"complexity_factors":["Incorporates an international treaty (the Civil Liability Convention as amended by the 1992 Protocol) directly into Australian domestic law, requiring readers to cross-reference external treaty documents","Multiple overlapping Parts with different application thresholds (e.g., Part III applies to ships carrying >2,000 tonnes of oil; Part IIIA applies to ships of 400+ gross tonnes carrying any oil), creating a tiered and potentially confusing coverage framework","Complex interaction between Commonwealth law and State/Territory laws, with carve-outs, concurrent operation provisions, and jurisdictional allocation rules","Liability limitation provisions tied to specific Articles of the Convention (Article V) that are not reproduced in the Act itself, forcing readers to consult Schedules","Different categories of ships (regulated Australian vessels, government ships, foreign ships, unregistered ships) are subject to different rules throughout the Act","Multiple enforcement mechanisms operating in parallel: criminal fines, civil debt recovery, ship detention, charges on vessels, and court proceedings","Strict liability offences combined with indictable offence provisions and summary jurisdiction alternatives create a layered criminal law structure","The Act has been amended multiple times, resulting in structural duplication in the provided text and cross-references to several other Acts (Navigation Act 2012, Protection of the Sea (Powers of Intervention) Act 1981, Protection of the Sea (Prevention of Pollution from Ships) Act 1983, Australian Maritime Safety Authority Act 1990, Personal Property Securities Act 2009)","Liability cap provisions reference international conventions generally ('one or more international conventions') without specifying them, requiring further external research","Sovereign immunity waiver provisions for foreign countries add a layer of public international law complexity"],"plain_english_summary":"This Act implements the international civil-liability regime for oil pollution, making ship owners financially responsible for oil spill damage, requiring mandatory insurance certificates, and allowing authorities to detain uninsured vessels. It also limits owners’ liability under the Convention and lets the Commonwealth recover cleanup costs — including by charging a ship.\n\nIt affects ship owners/operators, masters, insurers, AMSA and coastal communities, and applies to Australian-registered ships (and smaller ships from 400 tonnes under Part IIIA)."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Section 20 (missing subsection 6)","severity":"high","reasoning":"Subsection 20(3) reads 'Subject to subsection (6)' but no subsection (6) appears anywhere in section 20. This creates a legally operative qualification that references a void. Courts and practitioners cannot determine what limitations or exceptions subsection (6) was meant to impose on the liability cap in subsection (3), rendering the limitation of liability provision legally uncertain.","confidence":0.97,"description":"Section 20 contains subsections (1), (2), (3), (4), (5), and (7), but subsection (6) is entirely absent. Subsection (3) explicitly states 'Subject to subsection (6)' making a direct cross-reference to a provision that does not exist in the Act as presented."},{"type":"self_contradicting","section":"Section 15(3A) and Section 23(4)","severity":"medium","reasoning":"Under strict liability (s6.1 Criminal Code), the prosecution need not prove fault elements including state of mind. Section 23(4) nonetheless provides a mechanism for establishing the 'state of mind' of a corporation for ss15(1)-(3) offences. While s23(4) may have residual utility if a court reads down strict liability in some circumstances, on the face of the Act the provisions are logically inconsistent.","confidence":0.82,"description":"Section 15(3A) makes all offences under subsections 15(1), (2) and (3) offences of strict liability, yet section 23(4) purports to apply a 'state of mind' corporate attribution test to offences under subsections 15(1), (2) and (3). Strict liability offences by definition do not require proof of a state of mind, making the corporate attribution provision in s23(4) logically superfluous and self-contradicting for ss15(1)-(3)."},{"type":"self_contradicting","section":"Section 6A and Section 19C(6)","severity":"medium","reasoning":"Section 6A is a blanket application of Chapter 2 (minus Part 2.5) to all offences in the Act. Section 19C(6) then re-applies Chapter 2 to s19C offences without the Part 2.5 carve-out. This raises the question of whether Part 2.5 (corporate criminal responsibility) applies to s19C offences or not — s6A says no, s19C(6) says yes by omission of the exclusion. The duplication is at minimum sloppy and at worst creates genuine uncertainty.","confidence":0.78,"description":"Section 6A applies Chapter 2 of the Criminal Code (except Part 2.5) to all offences created by this Act. Section 19C(6) separately and redundantly declares that Chapter 2 of the Criminal Code applies to offences against section 19C. This creates a duplicative, potentially conflicting application — notably, s6A excludes Part 2.5 but s19C(6) applies Chapter 2 without that exclusion, creating a potential inconsistency in scope."},{"type":"other","section":"Section 15(3)","severity":"medium","reasoning":"The drafting of s15(3) requires, as a precondition to the offence, that a relevant insurance certificate 'is in force.' If no certificate is in force (i.e., the ship has no insurance at all), the subsection's precondition is not met and no offence is committed under it. The section inadvertently punishes administrative non-compliance more readily than substantive non-insurance in certain circumstances.","confidence":0.85,"description":"Section 15(3) creates an offence where a certificate 'is in force' but 'is not carried on board.' This means the offence only applies when valid insurance exists but the paperwork is missing. A ship with NO valid insurance at all cannot commit this specific offence — it would only be caught by ss(1) or (2) if entering/leaving port. A ship at sea indefinitely with no certificate and no insurance commits no offence under this provision."},{"type":"other","section":"Section 17(1)","severity":"low","reasoning":"The reference point for the one-month cap is the day the Minister is satisfied the new insurance period begins (para (b)), not the certificate's expiry date. This could mean the extension runs from a date that may precede or coincide with the current certificate's expiry, potentially making the extension period less than one month in practice or creating overlapping validity periods.","confidence":0.65,"description":"Section 17(1) allows extension of a certificate for 'a period that does not exceed one month from the day referred to in paragraph (b).' Paragraph (b) refers to 'after the day specified in the certificate as the day until which it is to remain in force' — i.e., the expiry date. The extension period is thus calculated from a future hypothetical date (the day the new insurance begins) rather than from the expiry of the old certificate, creating potential ambiguity about when the one-month clock starts."},{"type":"impossible_compliance","section":"Section 18(4)","severity":"medium","reasoning":"Subjecting a sovereign state to jurisdiction while prohibiting execution against its property renders any resulting judgment practically unenforceable against that state. The deemed submission to jurisdiction is illusory — it creates rights of action without corresponding means of enforcement, which undermines the entire purpose of the provision.","confidence":0.88,"description":"Section 18(4) deems every country to which the Civil Liability Convention applies to have submitted to Australian court jurisdiction and waived sovereign immunity, yet simultaneously prohibits execution against that country's property. This creates an absurdity: a country is deemed to have submitted to judgment but the judgment is unenforceable against the very entity that submitted to it."},{"type":"other","section":"Entire document structure","severity":"high","reasoning":"The document as presented contains the full text of the Act repeated twice over, with intermediate standalone section headings interleaved. While this may be an artefact of document formatting, if this reflected the actual legislative instrument it would create profound interpretive uncertainty about which version prevails and whether the duplication creates separate operative provisions.","confidence":0.95,"description":"The entire Act appears to be duplicated in the provided text. Parts I through Part V and individual sections (1 through 27) appear twice in full, with section headings also appearing as standalone headings (e.g., '## 1 Short title', '## 7 Application of this Part'). This structural duplication is a significant drafting absurdity."}],"contradictions":[{"severity":"medium","section_a":"Section 6A","section_b":"Section 19C(6)","confidence":0.78,"description":"Section 6A applies Chapter 2 of the Criminal Code except Part 2.5 to all offences in the Act. Section 19C(6) separately applies Chapter 2 of the Criminal Code to s19C offences without the Part 2.5 exclusion. The two provisions produce inconsistent results regarding whether Part 2.5 (corporate criminal responsibility) applies to s19C offences."},{"severity":"medium","section_a":"Section 15(3A)","section_b":"Section 23(4)","confidence":0.82,"description":"Section 15(3A) declares offences under ss15(1), (2) and (3) to be strict liability offences requiring no proof of fault. Section 23(4) provides that for proceedings for offences under ss15(1), (2) and (3) involving corporations, it is sufficient to show a director/servant/agent had the relevant 'state of mind.' Strict liability and state of mind attribution are conceptually incompatible for the same offences."},{"severity":"high","section_a":"Section 20(3)","section_b":"Section 20 (missing subsection 6)","confidence":0.97,"description":"Section 20(3) expressly makes the liability cap 'subject to subsection (6)' but subsection (6) does not exist in the Act. The liability limitation in s20(3) is therefore qualified by a non-existent provision, creating an unresolvable internal contradiction."},{"severity":"low","section_a":"Section 14(1) (Part III threshold: >2,000 tons of oil)","section_b":"Section 19B(1) (Part IIIA threshold: gross tonnage 400+, carrying oil as cargo or bunker)","confidence":0.62,"description":"Part III applies only to ships carrying more than 2,000 tons of oil in bulk as cargo. Part IIIA applies to ships carrying oil as cargo OR bunker with gross tonnage of 400+, but only where Part III does not apply. This creates a coverage gap: a ship carrying exactly 2,000 tons or fewer tons of bulk oil cargo may not meet the Part III threshold but could fall under Part IIIA — however the interaction between 'oil as cargo' in Part IIIA and 'oil in bulk as cargo' in Part III is not clearly delineated, potentially creating dual application uncertainty for ships near the threshold."},{"severity":"low","section_a":"Section 15(1) and (2) (indictable offences, max 500/1000 penalty units)","section_b":"Section 23(3) (summary conviction cap: 20/50 penalty units)","confidence":0.7,"description":"Sections 15(1) and (2) set maximum penalties of 500 penalty units (individual) and 1,000 penalty units (corporation). Section 23(3) caps penalties at 20 penalty units (individual) and 50 penalty units (corporation) when a summary court convicts. While this is a deliberate legislative choice for summary proceedings, the cap of 20 penalty units for a summary conviction of a s15(1) offence is dramatically lower than the 500 unit maximum for the same offence tried on indictment — a 25:1 ratio — which may create an incentive to elect summary jurisdiction."},{"severity":"medium","section_a":"Section 22(3) (strict liability for going to sea while detained)","section_b":"Section 23(1) and (4)","confidence":0.8,"description":"Section 22(3A) makes the offence of going to sea while detained a strict liability offence. However, section 23(4) applies a state of mind corporate attribution test to s22(3) offences involving corporations, creating the same strict liability versus state of mind contradiction as exists for s15 offences."},{"severity":"medium","section_a":"Section 17(2)","section_b":"Section 17(1)","confidence":0.85,"description":"Section 17(1) allows the Minister to extend a certificate where the ship is not at an Australian port. Section 17(2) then provides that the extension ceases to have effect upon the ship's arrival at an Australian port. This means the extension — granted precisely because the ship is away from Australia — is automatically terminated the moment the ship reaches Australia, which is likely when the certificate is most urgently needed for port entry compliance under s15(1)."}]},"kimi_summary":{"_metrics":{"completionTokens":823},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1981 purpose of implementing the Civil Liability Convention. It now includes: Part IIIA (added later) covering smaller ships not caught by Part III; Part IV and IVA allowing AMSA to recover intervention and prevention costs; extensive criminal penalty provisions; and complex interactions with later legislation like the 2008 Bunker Oil Pollution Damage Act. The insurance certificate system has grown from a simple implementation tool to a comprehensive enforcement mechanism with detention powers and strict liability offences."},"complexity_factors":["Multiple overlapping Parts (II, III, IIIA, IV, IVA, V) with different thresholds and requirements","Extensive cross-referencing to international conventions (Civil Liability Convention, 1992 Protocol, Bunker Oil Pollution Damage Act 2008)","Conditional application based on ship registration status, tonnage, cargo type, and whether vessel is a 'regulated Australian vessel'","Nested definitions and interpretation rules — meanings flow from Convention to Act to regulations","Six different categories of 'relevant insurance certificate' in section 15(7) with multiple sub-conditions","Federal/State jurisdictional carve-outs in section 7 creating complex territorial application","Strict liability offences with tiered penalties based on corporate status and offence severity","Multiple amendment layers visible (1992 Protocol, 2000 resolution, 2008 Bunker Act, 2024 Administrative Review Tribunal Act)","Interaction with at least 5 other Commonwealth Acts (Navigation Act 2012, Criminal Code, Customs Act 1901, Personal Property Securities Act 2009, Australian Maritime Safety Authority Act 1990)"],"plain_english_summary":"This Act makes ship owners financially responsible for oil pollution damage and ensures they have insurance to cover cleanup costs.\n\n**What it does:**\n\n- **Makes ship owners liable** for pollution damage caused by oil spills from their vessels, implementing Australia's obligations under the International Convention on Civil Liability for Oil Pollution Damage (as updated by the 1992 Protocol)\n- **Requires insurance or financial security** for ships carrying large amounts of oil — owners must prove they can pay for potential pollution damage\n- **Creates a system of insurance certificates** that ships must carry on board, with penalties for non-compliance\n- **Allows ship owners to limit their liability** to a capped amount based on ship tonnage, unless they were actually at fault\n- **Gives courts power** to hear compensation claims and manage the distribution of limited funds when multiple claims arise\n\n**Who it affects:**\n\n- **Ship owners and operators** of vessels carrying more than 2,000 tonnes of oil as cargo (or 400+ gross tonnes for certain other ships under Part IIIA)\n- **Masters (captains)** who face personal liability for failing to carry required certificates\n- **Insurers and financial guarantors** who provide the required security\n- **The Australian Maritime Safety Authority (AMSA)**, which can recover costs for pollution prevention and response\n- **People affected by oil spills**, who can claim compensation through the courts\n\n**Why it matters:**\n\nThe Act ensures that if an oil spill happens, someone is legally responsible and financially able to pay for the damage — protecting Australia's marine environment and coastal communities. It also deters unsafe shipping practices by making insurance mandatory and penalties severe. The framework aligns Australia with international maritime law, ensuring consistent treatment of foreign and Australian-registered ships.\n\n**Key features:**\n\n- **Strict liability offences** — masters and owners can be fined heavily (up to 1,000 penalty units for corporate owners) simply for not carrying the right paperwork, regardless of whether any spill actually occurred\n- **Ship detention powers** — officers can stop ships leaving port until proper insurance is produced\n- **No time limit for prosecutions** — offences can be pursued indefinitely\n- **Government ships** are generally exempt unless used commercially"}},"importantCases":[],"_links":{"self":"/api/acts/protection-of-the-sea-civil-liability-act-1981","history":"/api/acts/protection-of-the-sea-civil-liability-act-1981/history","analysis":"/api/acts/protection-of-the-sea-civil-liability-act-1981/analysis","conflicts":"/api/acts/protection-of-the-sea-civil-liability-act-1981/conflicts","importantCases":"/api/acts/protection-of-the-sea-civil-liability-act-1981/important-cases","documents":"/api/acts/protection-of-the-sea-civil-liability-act-1981/documents"}}