{"id":"C2008A00076","name":"Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008","slug":"protection-of-the-sea-civil-liability-for-bunker-oil-pollution-damage-act-2008","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"76 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8059,"registerId":"commonwealth-C2008A00076-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","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 for Bunker Oil Pollution Damage) Act 2008.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

12 July 2008

2. Sections 3 to 30

The later of:

(a) the day on which this Act receives the Royal Assent; and

(b) the day on which the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001, enters into force for Australia.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

The Minister must announce by notice in the Gazette the day on which the Convention enters into force for Australia.

16 June 2009

(see Gazette
2009, No. GN20)

(paragraph (b) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n In this Act:\n\n> applied provisions means the provisions of the Bunker Oil Convention mentioned in section 11 as they have the force of law as part of the law of the Commonwealth.\n\n> appropriate insurance certificate has the meaning given by section 15.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\n> Bunker Oil Convention means:\n\n (a) the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001; or\n (b) if the Convention has been amended by any amendment that has entered into force for Australia—the Convention as so amended.\n\n> Note: In 2008, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> Civil Liability Convention has the same meaning as in the Bunker Oil Convention.\n\n> coastal sea of Australia or an external Territory has the same meaning as in subsection 15B(4) of the Acts Interpretation Act 1901.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> enforcement 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 person included in a class of persons prescribed by the regulations for the purposes of this paragraph.\n\n> government ship means a ship (including a warship) that is owned or operated by:\n\n (a) the Commonwealth, a State, a Territory or a foreign country; or\n (b) an authority of the Commonwealth, a State, a Territory or a foreign country.\n\n> gross tonnage has the same meaning as in the Bunker Oil Convention.\n\n> incident has the same meaning as in the Bunker Oil Convention.\n\n> offshore facility has the same meaning as in the Bunker Oil Convention.\n\n> person has the same meaning as in the Bunker Oil Convention.\n\n> Note: See also sections 28 (partnerships) and 29 (unincorporated associations).\n\n> pollution damage has the same meaning as in the Bunker Oil Convention.\n\n> preventive measures has the same meaning as in the Bunker Oil Convention.\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> registered owner has the same meaning as in the Bunker Oil Convention.\n\n> Secretary‑General has the same meaning as in the Bunker Oil Convention.\n\n> ship has the same meaning as in the Bunker Oil Convention.\n\n> shipowner has the same meaning as in the Bunker Oil Convention.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Crown to be bound","content":"#### 4 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Extension to external Territories","content":"#### 5 Extension to external Territories\n\n This Act extends to every external Territory.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Extraterritorial application","content":"#### 6 Extraterritorial application\n\n Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Liability under Bunker Oil Convention","content":"An Act to give effect to the International Convention on Civil Liability for Bunker Oil Pollution Damage, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

12 July 2008

2. Sections 3 to 30

The later of:

(a) the day on which this Act receives the Royal Assent; and

(b) the day on which the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001, enters into force for Australia.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

The Minister must announce by notice in the Gazette the day on which the Convention enters into force for Australia.

16 June 2009

(see Gazette
2009, No. GN20)

(paragraph (b) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act:\n\n> applied provisions means the provisions of the Bunker Oil Convention mentioned in section 11 as they have the force of law as part of the law of the Commonwealth.\n\n> appropriate insurance certificate has the meaning given by section 15.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\n> Bunker Oil Convention means:\n\n (a) the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001; or\n (b) if the Convention has been amended by any amendment that has entered into force for Australia—the Convention as so amended.\n\n> Note: In 2008, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> Civil Liability Convention has the same meaning as in the Bunker Oil Convention.\n\n> coastal sea of Australia or an external Territory has the same meaning as in subsection 15B(4) of the Acts Interpretation Act 1901.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> enforcement 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 person included in a class of persons prescribed by the regulations for the purposes of this paragraph.\n\n> government ship means a ship (including a warship) that is owned or operated by:\n\n (a) the Commonwealth, a State, a Territory or a foreign country; or\n (b) an authority of the Commonwealth, a State, a Territory or a foreign country.\n\n> gross tonnage has the same meaning as in the Bunker Oil Convention.\n\n> incident has the same meaning as in the Bunker Oil Convention.\n\n> offshore facility has the same meaning as in the Bunker Oil Convention.\n\n> person has the same meaning as in the Bunker Oil Convention.\n\n> Note: See also sections 28 (partnerships) and 29 (unincorporated associations).\n\n> pollution damage has the same meaning as in the Bunker Oil Convention.\n\n> preventive measures has the same meaning as in the Bunker Oil Convention.\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> registered owner has the same meaning as in the Bunker Oil Convention.\n\n> Secretary‑General has the same meaning as in the Bunker Oil Convention.\n\n> ship has the same meaning as in the Bunker Oil Convention.\n\n> shipowner has the same meaning as in the Bunker Oil Convention.\n\n#### 4 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 5 Extension to external Territories\n\n This Act extends to every external Territory.\n\n#### 6 Extraterritorial application\n\n Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.\n\n## Part 2—Liability under Bunker Oil Convention\n\n### Division 1—Application of Part\n\n#### 7 Application of Part\n\n Subject to this Division, this Part applies to:\n (a) pollution damage occurring in Australia or the exclusive economic zone of Australia; and\n (b) preventive measures, wherever they are taken, to prevent or minimise pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This Part also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n#### 8 Overlap with Civil Liability Convention\n\n This Part does not apply to pollution damage (within the meaning of the Civil Liability Convention), whether or not compensation is payable in respect of the damage under the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 9 Government ships\n\n This Part applies in relation to a government ship only if it is being used for commercial purposes.\n\n#### 10 Relationship with corresponding State or Territory laws\n\n (1) This Part does 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 Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil 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 5 of the Bunker Oil 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### Division 2—Liability for pollution damage\n\n#### 11 Liability for pollution damage\n\n So far as this Part applies, Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil Convention have the force of law as part of the law of the Commonwealth.\n\n> Note 1: Those provisions of the Bunker Oil Convention deal with the liability of shipowners for pollution damage and the making of claims against insurers or persons providing financial security for ships.\n\n> Note 2: The Admiralty Act 1988 deals with the conferral of jurisdiction on courts to hear and determine claims under the applied provisions.\n\n## Part 3—Insurance certificates relating to liability for pollution damage\n\n### Division 1—Introduction\n\n#### 12 Application of Part\n\n (1) Subject to this section, this Part applies to a ship that has a gross tonnage of more than 1,000.\n Overlap with Civil Liability Convention\n (2) This Part does not apply to a ship to which Part III of the Protection of the Sea (Civil Liability) Act 1981 applies.\n Government ships\n (3) This Part applies to a government ship only if it is being used for commercial purposes.\n\n#### 13 Unregistered ships\n\n This Part applies to a ship that is unregistered as if it were registered in the country whose flag the ship is entitled to fly.\n\n#### 14 Concurrent State or Territory laws\n\n This Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to a ship that is not a regulated Australian vessel.\n\n#### 15 Appropriate insurance certificate\n\n For the purposes of this Act, an appropriate insurance certificate for a ship is worked out using the following table:\n\n```html\n

Appropriate insurance certificate

If the ship …

the appropriate insurance certificate is …

1

is registered in Australia and is not a government ship

(a) for a ship that is a regulated Australian vessel—a certificate issued under section 18 for the ship; or

(b) for a ship that is not a regulated Australian vessel—a certificate issued under section 18 for the ship, or a certificate issued for the ship under a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to the ship.

2

is registered in a foreign country to which the Bunker Oil Convention applies and is not a government ship

a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of that country.

3

is registered in a foreign country to which the Bunker Oil Convention does not apply and is not a government ship

(a) a certificate issued under section 18 for the ship; or

(b) a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of a foreign country to which the Bunker Oil Convention applies.

4

is owned or operated by the Commonwealth or an authority of the Commonwealth

a certificate issued under section 19 for the ship.

5

is owned or operated by a State or Territory or an authority of a State or Territory

(a) a certificate issued under section 19 for the ship; or

(b) a certificate issued for the ship under a law of the State or Territory stating that the ship is owned or operated by the State or Territory or the authority of the State or Territory and that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

6

is owned or operated by a foreign country or an authority of a foreign country

a certificate issued for the ship by or under the authority of the government of the foreign country stating that:

(a) the ship is owned or operated by the foreign country or the authority of the foreign country; and

(b) the foreign country will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

\n```\n\n### Division 2—Ships must carry insurance certificates\n\n#### 16 Ships must carry insurance certificate when entering or leaving ports in Australia etc.\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship:\n (i) enters or leaves a port in Australia; or\n (ii) arrives at or leaves an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory; and\n (c) at the time the ship does so, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n#### 17 Ships registered in Australia must carry insurance certificate when in operation\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship is registered in Australia; and\n (c) at the time the ship is in operation, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n### Division 3—Insurance certificates\n\n#### Subdivision A—Issue of certificates\n\n#### 18 Issue of certificates for ships other than government ships\n\n Application for certificate\n (1) A person may apply to the Authority for the issue of a certificate for a ship that is registered:\n (a) in Australia; or\n (b) in a foreign country that is not a country to which the Bunker Oil Convention applies.\n Government ships\n (2) This section does not apply to a government ship.\n\n> Note: Section 19 deals with the issue of certificates for certain government ships.\n\n Form of application\n (3) An application must be:\n (a) in accordance with the form approved under subsection (4); and\n (b) accompanied by the fee (if any) prescribed by the regulations for the purposes of this paragraph.\n (4) The Authority must, by writing, approve a form for the purposes of paragraph (3)(a).\n (5) A fee must not be such as to amount to taxation.\n Decision on application\n (6) If the Authority is satisfied that the registered owner of the ship is maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship, it must issue a certificate for the ship.\n (7) If the Authority is not so satisfied, it must refuse to issue a certificate for the ship.\n Form of certificate\n (8) A certificate under this section must be in the form approved under subsection (9).\n (9) The Authority must, by writing, approve a form for the purposes of subsection (8). That form must contain the particulars specified in paragraph 2 of Article 7 of the Bunker Oil Convention, but may contain other particulars.\n Period certificate in force\n (10) A certificate under this section comes into force on the day specified in the certificate.\n\n> Note 1: Paragraph 2 of Article 7 of the Bunker Oil Convention requires the certificate to specify the period of validity of the certificate.\n\n> Note 2: Sections 22 and 23 deal with certificates ceasing to be in force.\n\n Certificate not a legislative instrument\n (11) A certificate issued under this section is not a legislative instrument.\n\n#### 19 Issue of certificates for government ships\n\n Commonwealth ships\n (1) The Authority may issue a certificate, for a ship owned or operated by the Commonwealth or an authority of the Commonwealth, certifying that:\n (a) the ship is owned or operated by the Commonwealth or the authority of the Commonwealth; and\n (b) if the ship is owned or operated by the Commonwealth and the Minister is satisfied that the Commonwealth will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth; and\n (c) if the ship is owned or operated by an authority of the Commonwealth and the Minister is satisfied that the Commonwealth or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth or the authority.\n State or Territory ships\n (2) The Authority may issue a certificate, for a ship owned or operated by a State or a Territory or an authority of a State or Territory, certifying that:\n (a) the ship is owned or operated by the State or Territory or the authority of the State or Territory; and\n (b) if the ship is owned or operated by a State or Territory and the Minister is satisfied that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory; and\n . (c) if the ship is owned or operated by an authority of a State or Territory and the Minister is satisfied that the State or Territory or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory or the authority.\n Form of certificate\n (3) A certificate under this section must be in the form approved under subsection (4).\n (4) The Authority must, by writing, approve a form for the purposes of subsection (3).\n Period certificate in force\n (5) A certificate under this section:\n (a) comes into force on the day specified in the certificate; and\n (b) remains in force for the period specified in the certificate.\n (6) However, if the Commonwealth, the State or the Territory or the authority of the Commonwealth, the State or the Territory ceases to own or operate the ship covered by a certificate under this section, the certificate immediately ceases to be in force.\n Certificate not a legislative instrument\n (7) A certificate issued under this section is not a legislative instrument.\n\n#### Subdivision B—Production of certificates\n\n#### 20 Enforcement officer may require insurance certificate to be produced\n\n (1) An enforcement officer may require the master or other person in charge of a ship to which this Part applies to produce to the officer an appropriate insurance certificate for the ship that is in force if:\n (a) for a ship that is registered in Australia—the ship is in Australia; or\n (b) for any other ship—the ship is at a port in Australia or at an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory.\n Offence\n (2) A person commits an offence if:\n (a) the person is subject to a requirement under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: 20 penalty units.\n\n (3) An offence against subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (4) Subsection (2) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time the requirement under subsection (1) is made; and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### Subdivision C—Detention of ships\n\n#### 21 Enforcement officer may detain ships\n\n (1) An enforcement officer may detain a ship to which this Part applies in a port in Australia if the officer has reasonable grounds to believe that, at the time the ship attempts to leave the port, there is not an appropriate insurance certificate for the ship that is in force.\n (2) The officer may detain the ship until the certificate is produced to the officer or the officer is satisfied that the certificate has been obtained.\n (3) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) an enforcement officer has detained the ship under subsection (1) in a port in Australia; and\n (c) the ship leaves the port while it is under detention.\n\nPenalty: 2,000 penalty units.\n\n (4) An offence against subsection (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (5) An offence against subsection (3) is an indictable offence.\n\n#### Subdivision D—Certificates ceasing to be in force\n\n#### 22 Authority may cancel certificate\n\n (1) The Authority may cancel a certificate issued under section 18 for a ship if it is satisfied that the registered owner of the ship is no longer maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.\n (2) The Authority must give notice of the cancellation to:\n (a) the registered owner of the ship; and\n (b) the master (if any) of the ship; and\n (c) if, when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied—the foreign country.\n (3) The cancellation takes effect on the day specified in the notice of cancellation.\n\n#### 23 When certificate automatically ceases to be in force\n\n Ship registered in Australia\n (1) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in Australia; and\n (b) the ship ceases to be registered in Australia.\n Ship registered in foreign country that is not a Convention country\n (2) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied; and\n (b) the ship ceases to be registered in that country or that country becomes a country to which that Convention applies.\n\n#### Subdivision E—Review of decisions\n\n#### 24 Review of decisions\n\n Applications may be made to the Administrative Review Tribunal for review of the following decisions of the Authority:\n (a) a decision under subsection 18(7) to refuse to issue a certificate;\n (b) a decision under subsection 22(1) to cancel a certificate.\n\n## Part 4—Other matters\n\n#### 24A Responder immunity\n\n (1) Subject to this section, no civil action, suit or proceeding lies against a person in relation to anything done, or omitted to be done, reasonably and in good faith by the person in relation to preventing or minimising pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This section also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n Exceptions\n (2) Subsection (1) does not prevent an action, suit or proceeding from being brought against the shipowner or shipowners concerned (including on the basis of vicarious liability).\n (3) Subsection (1) does not apply in relation to anything done, or omitted to be done:\n (a) with intent to cause damage; or\n (b) recklessly and with knowledge that damage would probably result.\n Scope of section\n (4) Subsection (1) has effect:\n (a) in relation to anything done, or omitted to be done, by:\n (i) a constitutional corporation; or\n (ii) a director, officer, employee or agent of a constitutional corporation in the capacity of such a director, officer, employee or agent; and\n (b) in relation to anything done, or omitted to be done, outside Australia; and\n (c) in relation to anything done, or omitted to be done, in the course of, or in relation to, any of the following:\n (i) trade or commerce between Australia and places outside Australia;\n (ii) trade or commerce among the States;\n (iii) trade or commerce within a Territory, between a State and a Territory or between 2 Territories; and\n (d) in relation to anything done, or omitted to be done, by the Commonwealth or an authority of the Commonwealth.\n (5) For the purposes of paragraph (4)(b), outside Australia means outside the baseline from which the breadth of the territorial sea (within the meaning of the Seas and Submerged Lands Act 1973) is measured under section 7 of that Act.\n\n#### 25 No time limit for prosecution\n\n A prosecution for an offence against this Act may be brought at any time.\n\n#### 26 Submission to jurisdiction\n\n (1) In any proceedings brought in a court in Australia to enforce a claim in respect of a liability incurred under the applied provisions, each foreign country to which the Bunker Oil Convention applies is taken to:\n (a) have submitted to the jurisdiction of that court; and\n (b) have waived any defence based on its status as a sovereign country.\n (2) Nothing in this section permits the levy of execution against the property of such a country.\n\n#### 27 Regulations to give effect to Article 10 of the Bunker Oil Convention\n\n (1) The regulations may make provision for and in relation to giving effect to Article 10 of the Bunker Oil Convention.\n Conferral of jurisdiction\n (2) Regulations made for the purposes of this section may confer jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section.\n (3) Regulations made for the purposes of this section may confer jurisdiction on the Supreme Courts of the States and Territories with respect to matters arising under regulations made for the purposes of this section.\n (4) Any jurisdiction conferred on the Supreme Courts of the Territories is conferred to the extent that the Constitution permits.\n (5) This section does not limit the power of a judge or judges of a court to make rules of court with respect to a matter that is not provided for in regulations made for the purposes of this section.\n Fees\n (6) Regulations made for the purposes of this section may make provision for and in relation to fees payable in respect of matters arising under regulations made for the purposes of this section.\n (7) A fee must not be such as to amount to taxation.\n Interpretation\n (8) Subsections (2), (3) and (6) do not limit subsection (1).\n\n#### 28 Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) An offence against this Act that would otherwise be committed by the partnership is taken to have been committed by each partner who knows or ought reasonably to know that the partnership is the registered owner of the ship concerned.\n (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 29 Treatment of unincorporated associations\n\n (1) This Act applies to an unincorporated association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the association by this Act is imposed on each member of the association’s committee of management instead, but may be discharged by any of the members.\n (3) An offence against this Act that would otherwise be committed by the association is taken to have been committed by each member of the association’s committee of management who knows or ought reasonably to know that the association is the registered owner of the ship concerned.\n\n#### 30 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":7},{"sectionNumber":"Division 1","sectionType":"division","heading":"Application of Part","content":"An Act to give effect to the International Convention on Civil Liability for Bunker Oil Pollution Damage, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

12 July 2008

2. Sections 3 to 30

The later of:

(a) the day on which this Act receives the Royal Assent; and

(b) the day on which the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001, enters into force for Australia.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

The Minister must announce by notice in the Gazette the day on which the Convention enters into force for Australia.

16 June 2009

(see Gazette
2009, No. GN20)

(paragraph (b) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act:\n\n> applied provisions means the provisions of the Bunker Oil Convention mentioned in section 11 as they have the force of law as part of the law of the Commonwealth.\n\n> appropriate insurance certificate has the meaning given by section 15.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\n> Bunker Oil Convention means:\n\n (a) the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001; or\n (b) if the Convention has been amended by any amendment that has entered into force for Australia—the Convention as so amended.\n\n> Note: In 2008, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> Civil Liability Convention has the same meaning as in the Bunker Oil Convention.\n\n> coastal sea of Australia or an external Territory has the same meaning as in subsection 15B(4) of the Acts Interpretation Act 1901.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> enforcement 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 person included in a class of persons prescribed by the regulations for the purposes of this paragraph.\n\n> government ship means a ship (including a warship) that is owned or operated by:\n\n (a) the Commonwealth, a State, a Territory or a foreign country; or\n (b) an authority of the Commonwealth, a State, a Territory or a foreign country.\n\n> gross tonnage has the same meaning as in the Bunker Oil Convention.\n\n> incident has the same meaning as in the Bunker Oil Convention.\n\n> offshore facility has the same meaning as in the Bunker Oil Convention.\n\n> person has the same meaning as in the Bunker Oil Convention.\n\n> Note: See also sections 28 (partnerships) and 29 (unincorporated associations).\n\n> pollution damage has the same meaning as in the Bunker Oil Convention.\n\n> preventive measures has the same meaning as in the Bunker Oil Convention.\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> registered owner has the same meaning as in the Bunker Oil Convention.\n\n> Secretary‑General has the same meaning as in the Bunker Oil Convention.\n\n> ship has the same meaning as in the Bunker Oil Convention.\n\n> shipowner has the same meaning as in the Bunker Oil Convention.\n\n#### 4 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 5 Extension to external Territories\n\n This Act extends to every external Territory.\n\n#### 6 Extraterritorial application\n\n Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.\n\n## Part 2—Liability under Bunker Oil Convention\n\n### Division 1—Application of Part\n\n#### 7 Application of Part\n\n Subject to this Division, this Part applies to:\n (a) pollution damage occurring in Australia or the exclusive economic zone of Australia; and\n (b) preventive measures, wherever they are taken, to prevent or minimise pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This Part also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n#### 8 Overlap with Civil Liability Convention\n\n This Part does not apply to pollution damage (within the meaning of the Civil Liability Convention), whether or not compensation is payable in respect of the damage under the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 9 Government ships\n\n This Part applies in relation to a government ship only if it is being used for commercial purposes.\n\n#### 10 Relationship with corresponding State or Territory laws\n\n (1) This Part does 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 Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil 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 5 of the Bunker Oil 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### Division 2—Liability for pollution damage\n\n#### 11 Liability for pollution damage\n\n So far as this Part applies, Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil Convention have the force of law as part of the law of the Commonwealth.\n\n> Note 1: Those provisions of the Bunker Oil Convention deal with the liability of shipowners for pollution damage and the making of claims against insurers or persons providing financial security for ships.\n\n> Note 2: The Admiralty Act 1988 deals with the conferral of jurisdiction on courts to hear and determine claims under the applied provisions.\n\n## Part 3—Insurance certificates relating to liability for pollution damage\n\n### Division 1—Introduction\n\n#### 12 Application of Part\n\n (1) Subject to this section, this Part applies to a ship that has a gross tonnage of more than 1,000.\n Overlap with Civil Liability Convention\n (2) This Part does not apply to a ship to which Part III of the Protection of the Sea (Civil Liability) Act 1981 applies.\n Government ships\n (3) This Part applies to a government ship only if it is being used for commercial purposes.\n\n#### 13 Unregistered ships\n\n This Part applies to a ship that is unregistered as if it were registered in the country whose flag the ship is entitled to fly.\n\n#### 14 Concurrent State or Territory laws\n\n This Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to a ship that is not a regulated Australian vessel.\n\n#### 15 Appropriate insurance certificate\n\n For the purposes of this Act, an appropriate insurance certificate for a ship is worked out using the following table:\n\n```html\n

Appropriate insurance certificate

If the ship …

the appropriate insurance certificate is …

1

is registered in Australia and is not a government ship

(a) for a ship that is a regulated Australian vessel—a certificate issued under section 18 for the ship; or

(b) for a ship that is not a regulated Australian vessel—a certificate issued under section 18 for the ship, or a certificate issued for the ship under a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to the ship.

2

is registered in a foreign country to which the Bunker Oil Convention applies and is not a government ship

a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of that country.

3

is registered in a foreign country to which the Bunker Oil Convention does not apply and is not a government ship

(a) a certificate issued under section 18 for the ship; or

(b) a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of a foreign country to which the Bunker Oil Convention applies.

4

is owned or operated by the Commonwealth or an authority of the Commonwealth

a certificate issued under section 19 for the ship.

5

is owned or operated by a State or Territory or an authority of a State or Territory

(a) a certificate issued under section 19 for the ship; or

(b) a certificate issued for the ship under a law of the State or Territory stating that the ship is owned or operated by the State or Territory or the authority of the State or Territory and that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

6

is owned or operated by a foreign country or an authority of a foreign country

a certificate issued for the ship by or under the authority of the government of the foreign country stating that:

(a) the ship is owned or operated by the foreign country or the authority of the foreign country; and

(b) the foreign country will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

\n```\n\n### Division 2—Ships must carry insurance certificates\n\n#### 16 Ships must carry insurance certificate when entering or leaving ports in Australia etc.\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship:\n (i) enters or leaves a port in Australia; or\n (ii) arrives at or leaves an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory; and\n (c) at the time the ship does so, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n#### 17 Ships registered in Australia must carry insurance certificate when in operation\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship is registered in Australia; and\n (c) at the time the ship is in operation, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n### Division 3—Insurance certificates\n\n#### Subdivision A—Issue of certificates\n\n#### 18 Issue of certificates for ships other than government ships\n\n Application for certificate\n (1) A person may apply to the Authority for the issue of a certificate for a ship that is registered:\n (a) in Australia; or\n (b) in a foreign country that is not a country to which the Bunker Oil Convention applies.\n Government ships\n (2) This section does not apply to a government ship.\n\n> Note: Section 19 deals with the issue of certificates for certain government ships.\n\n Form of application\n (3) An application must be:\n (a) in accordance with the form approved under subsection (4); and\n (b) accompanied by the fee (if any) prescribed by the regulations for the purposes of this paragraph.\n (4) The Authority must, by writing, approve a form for the purposes of paragraph (3)(a).\n (5) A fee must not be such as to amount to taxation.\n Decision on application\n (6) If the Authority is satisfied that the registered owner of the ship is maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship, it must issue a certificate for the ship.\n (7) If the Authority is not so satisfied, it must refuse to issue a certificate for the ship.\n Form of certificate\n (8) A certificate under this section must be in the form approved under subsection (9).\n (9) The Authority must, by writing, approve a form for the purposes of subsection (8). That form must contain the particulars specified in paragraph 2 of Article 7 of the Bunker Oil Convention, but may contain other particulars.\n Period certificate in force\n (10) A certificate under this section comes into force on the day specified in the certificate.\n\n> Note 1: Paragraph 2 of Article 7 of the Bunker Oil Convention requires the certificate to specify the period of validity of the certificate.\n\n> Note 2: Sections 22 and 23 deal with certificates ceasing to be in force.\n\n Certificate not a legislative instrument\n (11) A certificate issued under this section is not a legislative instrument.\n\n#### 19 Issue of certificates for government ships\n\n Commonwealth ships\n (1) The Authority may issue a certificate, for a ship owned or operated by the Commonwealth or an authority of the Commonwealth, certifying that:\n (a) the ship is owned or operated by the Commonwealth or the authority of the Commonwealth; and\n (b) if the ship is owned or operated by the Commonwealth and the Minister is satisfied that the Commonwealth will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth; and\n (c) if the ship is owned or operated by an authority of the Commonwealth and the Minister is satisfied that the Commonwealth or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth or the authority.\n State or Territory ships\n (2) The Authority may issue a certificate, for a ship owned or operated by a State or a Territory or an authority of a State or Territory, certifying that:\n (a) the ship is owned or operated by the State or Territory or the authority of the State or Territory; and\n (b) if the ship is owned or operated by a State or Territory and the Minister is satisfied that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory; and\n . (c) if the ship is owned or operated by an authority of a State or Territory and the Minister is satisfied that the State or Territory or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory or the authority.\n Form of certificate\n (3) A certificate under this section must be in the form approved under subsection (4).\n (4) The Authority must, by writing, approve a form for the purposes of subsection (3).\n Period certificate in force\n (5) A certificate under this section:\n (a) comes into force on the day specified in the certificate; and\n (b) remains in force for the period specified in the certificate.\n (6) However, if the Commonwealth, the State or the Territory or the authority of the Commonwealth, the State or the Territory ceases to own or operate the ship covered by a certificate under this section, the certificate immediately ceases to be in force.\n Certificate not a legislative instrument\n (7) A certificate issued under this section is not a legislative instrument.\n\n#### Subdivision B—Production of certificates\n\n#### 20 Enforcement officer may require insurance certificate to be produced\n\n (1) An enforcement officer may require the master or other person in charge of a ship to which this Part applies to produce to the officer an appropriate insurance certificate for the ship that is in force if:\n (a) for a ship that is registered in Australia—the ship is in Australia; or\n (b) for any other ship—the ship is at a port in Australia or at an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory.\n Offence\n (2) A person commits an offence if:\n (a) the person is subject to a requirement under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: 20 penalty units.\n\n (3) An offence against subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (4) Subsection (2) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time the requirement under subsection (1) is made; and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### Subdivision C—Detention of ships\n\n#### 21 Enforcement officer may detain ships\n\n (1) An enforcement officer may detain a ship to which this Part applies in a port in Australia if the officer has reasonable grounds to believe that, at the time the ship attempts to leave the port, there is not an appropriate insurance certificate for the ship that is in force.\n (2) The officer may detain the ship until the certificate is produced to the officer or the officer is satisfied that the certificate has been obtained.\n (3) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) an enforcement officer has detained the ship under subsection (1) in a port in Australia; and\n (c) the ship leaves the port while it is under detention.\n\nPenalty: 2,000 penalty units.\n\n (4) An offence against subsection (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (5) An offence against subsection (3) is an indictable offence.\n\n#### Subdivision D—Certificates ceasing to be in force\n\n#### 22 Authority may cancel certificate\n\n (1) The Authority may cancel a certificate issued under section 18 for a ship if it is satisfied that the registered owner of the ship is no longer maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.\n (2) The Authority must give notice of the cancellation to:\n (a) the registered owner of the ship; and\n (b) the master (if any) of the ship; and\n (c) if, when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied—the foreign country.\n (3) The cancellation takes effect on the day specified in the notice of cancellation.\n\n#### 23 When certificate automatically ceases to be in force\n\n Ship registered in Australia\n (1) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in Australia; and\n (b) the ship ceases to be registered in Australia.\n Ship registered in foreign country that is not a Convention country\n (2) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied; and\n (b) the ship ceases to be registered in that country or that country becomes a country to which that Convention applies.\n\n#### Subdivision E—Review of decisions\n\n#### 24 Review of decisions\n\n Applications may be made to the Administrative Review Tribunal for review of the following decisions of the Authority:\n (a) a decision under subsection 18(7) to refuse to issue a certificate;\n (b) a decision under subsection 22(1) to cancel a certificate.\n\n## Part 4—Other matters\n\n#### 24A Responder immunity\n\n (1) Subject to this section, no civil action, suit or proceeding lies against a person in relation to anything done, or omitted to be done, reasonably and in good faith by the person in relation to preventing or minimising pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This section also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n Exceptions\n (2) Subsection (1) does not prevent an action, suit or proceeding from being brought against the shipowner or shipowners concerned (including on the basis of vicarious liability).\n (3) Subsection (1) does not apply in relation to anything done, or omitted to be done:\n (a) with intent to cause damage; or\n (b) recklessly and with knowledge that damage would probably result.\n Scope of section\n (4) Subsection (1) has effect:\n (a) in relation to anything done, or omitted to be done, by:\n (i) a constitutional corporation; or\n (ii) a director, officer, employee or agent of a constitutional corporation in the capacity of such a director, officer, employee or agent; and\n (b) in relation to anything done, or omitted to be done, outside Australia; and\n (c) in relation to anything done, or omitted to be done, in the course of, or in relation to, any of the following:\n (i) trade or commerce between Australia and places outside Australia;\n (ii) trade or commerce among the States;\n (iii) trade or commerce within a Territory, between a State and a Territory or between 2 Territories; and\n (d) in relation to anything done, or omitted to be done, by the Commonwealth or an authority of the Commonwealth.\n (5) For the purposes of paragraph (4)(b), outside Australia means outside the baseline from which the breadth of the territorial sea (within the meaning of the Seas and Submerged Lands Act 1973) is measured under section 7 of that Act.\n\n#### 25 No time limit for prosecution\n\n A prosecution for an offence against this Act may be brought at any time.\n\n#### 26 Submission to jurisdiction\n\n (1) In any proceedings brought in a court in Australia to enforce a claim in respect of a liability incurred under the applied provisions, each foreign country to which the Bunker Oil Convention applies is taken to:\n (a) have submitted to the jurisdiction of that court; and\n (b) have waived any defence based on its status as a sovereign country.\n (2) Nothing in this section permits the levy of execution against the property of such a country.\n\n#### 27 Regulations to give effect to Article 10 of the Bunker Oil Convention\n\n (1) The regulations may make provision for and in relation to giving effect to Article 10 of the Bunker Oil Convention.\n Conferral of jurisdiction\n (2) Regulations made for the purposes of this section may confer jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section.\n (3) Regulations made for the purposes of this section may confer jurisdiction on the Supreme Courts of the States and Territories with respect to matters arising under regulations made for the purposes of this section.\n (4) Any jurisdiction conferred on the Supreme Courts of the Territories is conferred to the extent that the Constitution permits.\n (5) This section does not limit the power of a judge or judges of a court to make rules of court with respect to a matter that is not provided for in regulations made for the purposes of this section.\n Fees\n (6) Regulations made for the purposes of this section may make provision for and in relation to fees payable in respect of matters arising under regulations made for the purposes of this section.\n (7) A fee must not be such as to amount to taxation.\n Interpretation\n (8) Subsections (2), (3) and (6) do not limit subsection (1).\n\n#### 28 Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) An offence against this Act that would otherwise be committed by the partnership is taken to have been committed by each partner who knows or ought reasonably to know that the partnership is the registered owner of the ship concerned.\n (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 29 Treatment of unincorporated associations\n\n (1) This Act applies to an unincorporated association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the association by this Act is imposed on each member of the association’s committee of management instead, but may be discharged by any of the members.\n (3) An offence against this Act that would otherwise be committed by the association is taken to have been committed by each member of the association’s committee of management who knows or ought reasonably to know that the association is the registered owner of the ship concerned.\n\n#### 30 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Application of Part","content":"#### 7 Application of Part\n\n Subject to this Division, this Part applies to:\n (a) pollution damage occurring in Australia or the exclusive economic zone of Australia; and\n (b) preventive measures, wherever they are taken, to prevent or minimise pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This Part also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Overlap with Civil Liability Convention","content":"#### 8 Overlap with Civil Liability Convention\n\n This Part does not apply to pollution damage (within the meaning of the Civil Liability Convention), whether or not compensation is payable in respect of the damage under the Protection of the Sea (Civil Liability) Act 1981.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Government ships","content":"#### 9 Government ships\n\n This Part applies in relation to a government ship only if it is being used for commercial purposes.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Relationship with corresponding State or Territory laws","content":"#### 10 Relationship with corresponding State or Territory laws\n\n (1) This Part does 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 Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil 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 5 of the Bunker Oil 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":12},{"sectionNumber":"Division 2","sectionType":"division","heading":"Liability for pollution damage","content":"An Act to give effect to the International Convention on Civil Liability for Bunker Oil Pollution Damage, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

12 July 2008

2. Sections 3 to 30

The later of:

(a) the day on which this Act receives the Royal Assent; and

(b) the day on which the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001, enters into force for Australia.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

The Minister must announce by notice in the Gazette the day on which the Convention enters into force for Australia.

16 June 2009

(see Gazette
2009, No. GN20)

(paragraph (b) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act:\n\n> applied provisions means the provisions of the Bunker Oil Convention mentioned in section 11 as they have the force of law as part of the law of the Commonwealth.\n\n> appropriate insurance certificate has the meaning given by section 15.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\n> Bunker Oil Convention means:\n\n (a) the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001; or\n (b) if the Convention has been amended by any amendment that has entered into force for Australia—the Convention as so amended.\n\n> Note: In 2008, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> Civil Liability Convention has the same meaning as in the Bunker Oil Convention.\n\n> coastal sea of Australia or an external Territory has the same meaning as in subsection 15B(4) of the Acts Interpretation Act 1901.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> enforcement 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 person included in a class of persons prescribed by the regulations for the purposes of this paragraph.\n\n> government ship means a ship (including a warship) that is owned or operated by:\n\n (a) the Commonwealth, a State, a Territory or a foreign country; or\n (b) an authority of the Commonwealth, a State, a Territory or a foreign country.\n\n> gross tonnage has the same meaning as in the Bunker Oil Convention.\n\n> incident has the same meaning as in the Bunker Oil Convention.\n\n> offshore facility has the same meaning as in the Bunker Oil Convention.\n\n> person has the same meaning as in the Bunker Oil Convention.\n\n> Note: See also sections 28 (partnerships) and 29 (unincorporated associations).\n\n> pollution damage has the same meaning as in the Bunker Oil Convention.\n\n> preventive measures has the same meaning as in the Bunker Oil Convention.\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> registered owner has the same meaning as in the Bunker Oil Convention.\n\n> Secretary‑General has the same meaning as in the Bunker Oil Convention.\n\n> ship has the same meaning as in the Bunker Oil Convention.\n\n> shipowner has the same meaning as in the Bunker Oil Convention.\n\n#### 4 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 5 Extension to external Territories\n\n This Act extends to every external Territory.\n\n#### 6 Extraterritorial application\n\n Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.\n\n## Part 2—Liability under Bunker Oil Convention\n\n### Division 1—Application of Part\n\n#### 7 Application of Part\n\n Subject to this Division, this Part applies to:\n (a) pollution damage occurring in Australia or the exclusive economic zone of Australia; and\n (b) preventive measures, wherever they are taken, to prevent or minimise pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This Part also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n#### 8 Overlap with Civil Liability Convention\n\n This Part does not apply to pollution damage (within the meaning of the Civil Liability Convention), whether or not compensation is payable in respect of the damage under the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 9 Government ships\n\n This Part applies in relation to a government ship only if it is being used for commercial purposes.\n\n#### 10 Relationship with corresponding State or Territory laws\n\n (1) This Part does 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 Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil 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 5 of the Bunker Oil 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### Division 2—Liability for pollution damage\n\n#### 11 Liability for pollution damage\n\n So far as this Part applies, Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil Convention have the force of law as part of the law of the Commonwealth.\n\n> Note 1: Those provisions of the Bunker Oil Convention deal with the liability of shipowners for pollution damage and the making of claims against insurers or persons providing financial security for ships.\n\n> Note 2: The Admiralty Act 1988 deals with the conferral of jurisdiction on courts to hear and determine claims under the applied provisions.\n\n## Part 3—Insurance certificates relating to liability for pollution damage\n\n### Division 1—Introduction\n\n#### 12 Application of Part\n\n (1) Subject to this section, this Part applies to a ship that has a gross tonnage of more than 1,000.\n Overlap with Civil Liability Convention\n (2) This Part does not apply to a ship to which Part III of the Protection of the Sea (Civil Liability) Act 1981 applies.\n Government ships\n (3) This Part applies to a government ship only if it is being used for commercial purposes.\n\n#### 13 Unregistered ships\n\n This Part applies to a ship that is unregistered as if it were registered in the country whose flag the ship is entitled to fly.\n\n#### 14 Concurrent State or Territory laws\n\n This Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to a ship that is not a regulated Australian vessel.\n\n#### 15 Appropriate insurance certificate\n\n For the purposes of this Act, an appropriate insurance certificate for a ship is worked out using the following table:\n\n```html\n

Appropriate insurance certificate

If the ship …

the appropriate insurance certificate is …

1

is registered in Australia and is not a government ship

(a) for a ship that is a regulated Australian vessel—a certificate issued under section 18 for the ship; or

(b) for a ship that is not a regulated Australian vessel—a certificate issued under section 18 for the ship, or a certificate issued for the ship under a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to the ship.

2

is registered in a foreign country to which the Bunker Oil Convention applies and is not a government ship

a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of that country.

3

is registered in a foreign country to which the Bunker Oil Convention does not apply and is not a government ship

(a) a certificate issued under section 18 for the ship; or

(b) a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of a foreign country to which the Bunker Oil Convention applies.

4

is owned or operated by the Commonwealth or an authority of the Commonwealth

a certificate issued under section 19 for the ship.

5

is owned or operated by a State or Territory or an authority of a State or Territory

(a) a certificate issued under section 19 for the ship; or

(b) a certificate issued for the ship under a law of the State or Territory stating that the ship is owned or operated by the State or Territory or the authority of the State or Territory and that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

6

is owned or operated by a foreign country or an authority of a foreign country

a certificate issued for the ship by or under the authority of the government of the foreign country stating that:

(a) the ship is owned or operated by the foreign country or the authority of the foreign country; and

(b) the foreign country will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

\n```\n\n### Division 2—Ships must carry insurance certificates\n\n#### 16 Ships must carry insurance certificate when entering or leaving ports in Australia etc.\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship:\n (i) enters or leaves a port in Australia; or\n (ii) arrives at or leaves an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory; and\n (c) at the time the ship does so, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n#### 17 Ships registered in Australia must carry insurance certificate when in operation\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship is registered in Australia; and\n (c) at the time the ship is in operation, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n### Division 3—Insurance certificates\n\n#### Subdivision A—Issue of certificates\n\n#### 18 Issue of certificates for ships other than government ships\n\n Application for certificate\n (1) A person may apply to the Authority for the issue of a certificate for a ship that is registered:\n (a) in Australia; or\n (b) in a foreign country that is not a country to which the Bunker Oil Convention applies.\n Government ships\n (2) This section does not apply to a government ship.\n\n> Note: Section 19 deals with the issue of certificates for certain government ships.\n\n Form of application\n (3) An application must be:\n (a) in accordance with the form approved under subsection (4); and\n (b) accompanied by the fee (if any) prescribed by the regulations for the purposes of this paragraph.\n (4) The Authority must, by writing, approve a form for the purposes of paragraph (3)(a).\n (5) A fee must not be such as to amount to taxation.\n Decision on application\n (6) If the Authority is satisfied that the registered owner of the ship is maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship, it must issue a certificate for the ship.\n (7) If the Authority is not so satisfied, it must refuse to issue a certificate for the ship.\n Form of certificate\n (8) A certificate under this section must be in the form approved under subsection (9).\n (9) The Authority must, by writing, approve a form for the purposes of subsection (8). That form must contain the particulars specified in paragraph 2 of Article 7 of the Bunker Oil Convention, but may contain other particulars.\n Period certificate in force\n (10) A certificate under this section comes into force on the day specified in the certificate.\n\n> Note 1: Paragraph 2 of Article 7 of the Bunker Oil Convention requires the certificate to specify the period of validity of the certificate.\n\n> Note 2: Sections 22 and 23 deal with certificates ceasing to be in force.\n\n Certificate not a legislative instrument\n (11) A certificate issued under this section is not a legislative instrument.\n\n#### 19 Issue of certificates for government ships\n\n Commonwealth ships\n (1) The Authority may issue a certificate, for a ship owned or operated by the Commonwealth or an authority of the Commonwealth, certifying that:\n (a) the ship is owned or operated by the Commonwealth or the authority of the Commonwealth; and\n (b) if the ship is owned or operated by the Commonwealth and the Minister is satisfied that the Commonwealth will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth; and\n (c) if the ship is owned or operated by an authority of the Commonwealth and the Minister is satisfied that the Commonwealth or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth or the authority.\n State or Territory ships\n (2) The Authority may issue a certificate, for a ship owned or operated by a State or a Territory or an authority of a State or Territory, certifying that:\n (a) the ship is owned or operated by the State or Territory or the authority of the State or Territory; and\n (b) if the ship is owned or operated by a State or Territory and the Minister is satisfied that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory; and\n . (c) if the ship is owned or operated by an authority of a State or Territory and the Minister is satisfied that the State or Territory or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory or the authority.\n Form of certificate\n (3) A certificate under this section must be in the form approved under subsection (4).\n (4) The Authority must, by writing, approve a form for the purposes of subsection (3).\n Period certificate in force\n (5) A certificate under this section:\n (a) comes into force on the day specified in the certificate; and\n (b) remains in force for the period specified in the certificate.\n (6) However, if the Commonwealth, the State or the Territory or the authority of the Commonwealth, the State or the Territory ceases to own or operate the ship covered by a certificate under this section, the certificate immediately ceases to be in force.\n Certificate not a legislative instrument\n (7) A certificate issued under this section is not a legislative instrument.\n\n#### Subdivision B—Production of certificates\n\n#### 20 Enforcement officer may require insurance certificate to be produced\n\n (1) An enforcement officer may require the master or other person in charge of a ship to which this Part applies to produce to the officer an appropriate insurance certificate for the ship that is in force if:\n (a) for a ship that is registered in Australia—the ship is in Australia; or\n (b) for any other ship—the ship is at a port in Australia or at an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory.\n Offence\n (2) A person commits an offence if:\n (a) the person is subject to a requirement under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: 20 penalty units.\n\n (3) An offence against subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (4) Subsection (2) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time the requirement under subsection (1) is made; and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### Subdivision C—Detention of ships\n\n#### 21 Enforcement officer may detain ships\n\n (1) An enforcement officer may detain a ship to which this Part applies in a port in Australia if the officer has reasonable grounds to believe that, at the time the ship attempts to leave the port, there is not an appropriate insurance certificate for the ship that is in force.\n (2) The officer may detain the ship until the certificate is produced to the officer or the officer is satisfied that the certificate has been obtained.\n (3) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) an enforcement officer has detained the ship under subsection (1) in a port in Australia; and\n (c) the ship leaves the port while it is under detention.\n\nPenalty: 2,000 penalty units.\n\n (4) An offence against subsection (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (5) An offence against subsection (3) is an indictable offence.\n\n#### Subdivision D—Certificates ceasing to be in force\n\n#### 22 Authority may cancel certificate\n\n (1) The Authority may cancel a certificate issued under section 18 for a ship if it is satisfied that the registered owner of the ship is no longer maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.\n (2) The Authority must give notice of the cancellation to:\n (a) the registered owner of the ship; and\n (b) the master (if any) of the ship; and\n (c) if, when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied—the foreign country.\n (3) The cancellation takes effect on the day specified in the notice of cancellation.\n\n#### 23 When certificate automatically ceases to be in force\n\n Ship registered in Australia\n (1) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in Australia; and\n (b) the ship ceases to be registered in Australia.\n Ship registered in foreign country that is not a Convention country\n (2) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied; and\n (b) the ship ceases to be registered in that country or that country becomes a country to which that Convention applies.\n\n#### Subdivision E—Review of decisions\n\n#### 24 Review of decisions\n\n Applications may be made to the Administrative Review Tribunal for review of the following decisions of the Authority:\n (a) a decision under subsection 18(7) to refuse to issue a certificate;\n (b) a decision under subsection 22(1) to cancel a certificate.\n\n## Part 4—Other matters\n\n#### 24A Responder immunity\n\n (1) Subject to this section, no civil action, suit or proceeding lies against a person in relation to anything done, or omitted to be done, reasonably and in good faith by the person in relation to preventing or minimising pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This section also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n Exceptions\n (2) Subsection (1) does not prevent an action, suit or proceeding from being brought against the shipowner or shipowners concerned (including on the basis of vicarious liability).\n (3) Subsection (1) does not apply in relation to anything done, or omitted to be done:\n (a) with intent to cause damage; or\n (b) recklessly and with knowledge that damage would probably result.\n Scope of section\n (4) Subsection (1) has effect:\n (a) in relation to anything done, or omitted to be done, by:\n (i) a constitutional corporation; or\n (ii) a director, officer, employee or agent of a constitutional corporation in the capacity of such a director, officer, employee or agent; and\n (b) in relation to anything done, or omitted to be done, outside Australia; and\n (c) in relation to anything done, or omitted to be done, in the course of, or in relation to, any of the following:\n (i) trade or commerce between Australia and places outside Australia;\n (ii) trade or commerce among the States;\n (iii) trade or commerce within a Territory, between a State and a Territory or between 2 Territories; and\n (d) in relation to anything done, or omitted to be done, by the Commonwealth or an authority of the Commonwealth.\n (5) For the purposes of paragraph (4)(b), outside Australia means outside the baseline from which the breadth of the territorial sea (within the meaning of the Seas and Submerged Lands Act 1973) is measured under section 7 of that Act.\n\n#### 25 No time limit for prosecution\n\n A prosecution for an offence against this Act may be brought at any time.\n\n#### 26 Submission to jurisdiction\n\n (1) In any proceedings brought in a court in Australia to enforce a claim in respect of a liability incurred under the applied provisions, each foreign country to which the Bunker Oil Convention applies is taken to:\n (a) have submitted to the jurisdiction of that court; and\n (b) have waived any defence based on its status as a sovereign country.\n (2) Nothing in this section permits the levy of execution against the property of such a country.\n\n#### 27 Regulations to give effect to Article 10 of the Bunker Oil Convention\n\n (1) The regulations may make provision for and in relation to giving effect to Article 10 of the Bunker Oil Convention.\n Conferral of jurisdiction\n (2) Regulations made for the purposes of this section may confer jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section.\n (3) Regulations made for the purposes of this section may confer jurisdiction on the Supreme Courts of the States and Territories with respect to matters arising under regulations made for the purposes of this section.\n (4) Any jurisdiction conferred on the Supreme Courts of the Territories is conferred to the extent that the Constitution permits.\n (5) This section does not limit the power of a judge or judges of a court to make rules of court with respect to a matter that is not provided for in regulations made for the purposes of this section.\n Fees\n (6) Regulations made for the purposes of this section may make provision for and in relation to fees payable in respect of matters arising under regulations made for the purposes of this section.\n (7) A fee must not be such as to amount to taxation.\n Interpretation\n (8) Subsections (2), (3) and (6) do not limit subsection (1).\n\n#### 28 Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) An offence against this Act that would otherwise be committed by the partnership is taken to have been committed by each partner who knows or ought reasonably to know that the partnership is the registered owner of the ship concerned.\n (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 29 Treatment of unincorporated associations\n\n (1) This Act applies to an unincorporated association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the association by this Act is imposed on each member of the association’s committee of management instead, but may be discharged by any of the members.\n (3) An offence against this Act that would otherwise be committed by the association is taken to have been committed by each member of the association’s committee of management who knows or ought reasonably to know that the association is the registered owner of the ship concerned.\n\n#### 30 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Liability for pollution damage","content":"#### 11 Liability for pollution damage\n\n So far as this Part applies, Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil Convention have the force of law as part of the law of the Commonwealth.\n\n> Note 1: Those provisions of the Bunker Oil Convention deal with the liability of shipowners for pollution damage and the making of claims against insurers or persons providing financial security for ships.\n\n> Note 2: The Admiralty Act 1988 deals with the conferral of jurisdiction on courts to hear and determine claims under the applied provisions.","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"Insurance certificates relating to liability for pollution damage","content":"An Act to give effect to the International Convention on Civil Liability for Bunker Oil Pollution Damage, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

12 July 2008

2. Sections 3 to 30

The later of:

(a) the day on which this Act receives the Royal Assent; and

(b) the day on which the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001, enters into force for Australia.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

The Minister must announce by notice in the Gazette the day on which the Convention enters into force for Australia.

16 June 2009

(see Gazette
2009, No. GN20)

(paragraph (b) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act:\n\n> applied provisions means the provisions of the Bunker Oil Convention mentioned in section 11 as they have the force of law as part of the law of the Commonwealth.\n\n> appropriate insurance certificate has the meaning given by section 15.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\n> Bunker Oil Convention means:\n\n (a) the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001; or\n (b) if the Convention has been amended by any amendment that has entered into force for Australia—the Convention as so amended.\n\n> Note: In 2008, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> Civil Liability Convention has the same meaning as in the Bunker Oil Convention.\n\n> coastal sea of Australia or an external Territory has the same meaning as in subsection 15B(4) of the Acts Interpretation Act 1901.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> enforcement 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 person included in a class of persons prescribed by the regulations for the purposes of this paragraph.\n\n> government ship means a ship (including a warship) that is owned or operated by:\n\n (a) the Commonwealth, a State, a Territory or a foreign country; or\n (b) an authority of the Commonwealth, a State, a Territory or a foreign country.\n\n> gross tonnage has the same meaning as in the Bunker Oil Convention.\n\n> incident has the same meaning as in the Bunker Oil Convention.\n\n> offshore facility has the same meaning as in the Bunker Oil Convention.\n\n> person has the same meaning as in the Bunker Oil Convention.\n\n> Note: See also sections 28 (partnerships) and 29 (unincorporated associations).\n\n> pollution damage has the same meaning as in the Bunker Oil Convention.\n\n> preventive measures has the same meaning as in the Bunker Oil Convention.\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> registered owner has the same meaning as in the Bunker Oil Convention.\n\n> Secretary‑General has the same meaning as in the Bunker Oil Convention.\n\n> ship has the same meaning as in the Bunker Oil Convention.\n\n> shipowner has the same meaning as in the Bunker Oil Convention.\n\n#### 4 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 5 Extension to external Territories\n\n This Act extends to every external Territory.\n\n#### 6 Extraterritorial application\n\n Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.\n\n## Part 2—Liability under Bunker Oil Convention\n\n### Division 1—Application of Part\n\n#### 7 Application of Part\n\n Subject to this Division, this Part applies to:\n (a) pollution damage occurring in Australia or the exclusive economic zone of Australia; and\n (b) preventive measures, wherever they are taken, to prevent or minimise pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This Part also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n#### 8 Overlap with Civil Liability Convention\n\n This Part does not apply to pollution damage (within the meaning of the Civil Liability Convention), whether or not compensation is payable in respect of the damage under the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 9 Government ships\n\n This Part applies in relation to a government ship only if it is being used for commercial purposes.\n\n#### 10 Relationship with corresponding State or Territory laws\n\n (1) This Part does 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 Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil 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 5 of the Bunker Oil 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### Division 2—Liability for pollution damage\n\n#### 11 Liability for pollution damage\n\n So far as this Part applies, Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil Convention have the force of law as part of the law of the Commonwealth.\n\n> Note 1: Those provisions of the Bunker Oil Convention deal with the liability of shipowners for pollution damage and the making of claims against insurers or persons providing financial security for ships.\n\n> Note 2: The Admiralty Act 1988 deals with the conferral of jurisdiction on courts to hear and determine claims under the applied provisions.\n\n## Part 3—Insurance certificates relating to liability for pollution damage\n\n### Division 1—Introduction\n\n#### 12 Application of Part\n\n (1) Subject to this section, this Part applies to a ship that has a gross tonnage of more than 1,000.\n Overlap with Civil Liability Convention\n (2) This Part does not apply to a ship to which Part III of the Protection of the Sea (Civil Liability) Act 1981 applies.\n Government ships\n (3) This Part applies to a government ship only if it is being used for commercial purposes.\n\n#### 13 Unregistered ships\n\n This Part applies to a ship that is unregistered as if it were registered in the country whose flag the ship is entitled to fly.\n\n#### 14 Concurrent State or Territory laws\n\n This Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to a ship that is not a regulated Australian vessel.\n\n#### 15 Appropriate insurance certificate\n\n For the purposes of this Act, an appropriate insurance certificate for a ship is worked out using the following table:\n\n```html\n

Appropriate insurance certificate

If the ship …

the appropriate insurance certificate is …

1

is registered in Australia and is not a government ship

(a) for a ship that is a regulated Australian vessel—a certificate issued under section 18 for the ship; or

(b) for a ship that is not a regulated Australian vessel—a certificate issued under section 18 for the ship, or a certificate issued for the ship under a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to the ship.

2

is registered in a foreign country to which the Bunker Oil Convention applies and is not a government ship

a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of that country.

3

is registered in a foreign country to which the Bunker Oil Convention does not apply and is not a government ship

(a) a certificate issued under section 18 for the ship; or

(b) a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of a foreign country to which the Bunker Oil Convention applies.

4

is owned or operated by the Commonwealth or an authority of the Commonwealth

a certificate issued under section 19 for the ship.

5

is owned or operated by a State or Territory or an authority of a State or Territory

(a) a certificate issued under section 19 for the ship; or

(b) a certificate issued for the ship under a law of the State or Territory stating that the ship is owned or operated by the State or Territory or the authority of the State or Territory and that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

6

is owned or operated by a foreign country or an authority of a foreign country

a certificate issued for the ship by or under the authority of the government of the foreign country stating that:

(a) the ship is owned or operated by the foreign country or the authority of the foreign country; and

(b) the foreign country will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

\n```\n\n### Division 2—Ships must carry insurance certificates\n\n#### 16 Ships must carry insurance certificate when entering or leaving ports in Australia etc.\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship:\n (i) enters or leaves a port in Australia; or\n (ii) arrives at or leaves an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory; and\n (c) at the time the ship does so, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n#### 17 Ships registered in Australia must carry insurance certificate when in operation\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship is registered in Australia; and\n (c) at the time the ship is in operation, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n### Division 3—Insurance certificates\n\n#### Subdivision A—Issue of certificates\n\n#### 18 Issue of certificates for ships other than government ships\n\n Application for certificate\n (1) A person may apply to the Authority for the issue of a certificate for a ship that is registered:\n (a) in Australia; or\n (b) in a foreign country that is not a country to which the Bunker Oil Convention applies.\n Government ships\n (2) This section does not apply to a government ship.\n\n> Note: Section 19 deals with the issue of certificates for certain government ships.\n\n Form of application\n (3) An application must be:\n (a) in accordance with the form approved under subsection (4); and\n (b) accompanied by the fee (if any) prescribed by the regulations for the purposes of this paragraph.\n (4) The Authority must, by writing, approve a form for the purposes of paragraph (3)(a).\n (5) A fee must not be such as to amount to taxation.\n Decision on application\n (6) If the Authority is satisfied that the registered owner of the ship is maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship, it must issue a certificate for the ship.\n (7) If the Authority is not so satisfied, it must refuse to issue a certificate for the ship.\n Form of certificate\n (8) A certificate under this section must be in the form approved under subsection (9).\n (9) The Authority must, by writing, approve a form for the purposes of subsection (8). That form must contain the particulars specified in paragraph 2 of Article 7 of the Bunker Oil Convention, but may contain other particulars.\n Period certificate in force\n (10) A certificate under this section comes into force on the day specified in the certificate.\n\n> Note 1: Paragraph 2 of Article 7 of the Bunker Oil Convention requires the certificate to specify the period of validity of the certificate.\n\n> Note 2: Sections 22 and 23 deal with certificates ceasing to be in force.\n\n Certificate not a legislative instrument\n (11) A certificate issued under this section is not a legislative instrument.\n\n#### 19 Issue of certificates for government ships\n\n Commonwealth ships\n (1) The Authority may issue a certificate, for a ship owned or operated by the Commonwealth or an authority of the Commonwealth, certifying that:\n (a) the ship is owned or operated by the Commonwealth or the authority of the Commonwealth; and\n (b) if the ship is owned or operated by the Commonwealth and the Minister is satisfied that the Commonwealth will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth; and\n (c) if the ship is owned or operated by an authority of the Commonwealth and the Minister is satisfied that the Commonwealth or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth or the authority.\n State or Territory ships\n (2) The Authority may issue a certificate, for a ship owned or operated by a State or a Territory or an authority of a State or Territory, certifying that:\n (a) the ship is owned or operated by the State or Territory or the authority of the State or Territory; and\n (b) if the ship is owned or operated by a State or Territory and the Minister is satisfied that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory; and\n . (c) if the ship is owned or operated by an authority of a State or Territory and the Minister is satisfied that the State or Territory or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory or the authority.\n Form of certificate\n (3) A certificate under this section must be in the form approved under subsection (4).\n (4) The Authority must, by writing, approve a form for the purposes of subsection (3).\n Period certificate in force\n (5) A certificate under this section:\n (a) comes into force on the day specified in the certificate; and\n (b) remains in force for the period specified in the certificate.\n (6) However, if the Commonwealth, the State or the Territory or the authority of the Commonwealth, the State or the Territory ceases to own or operate the ship covered by a certificate under this section, the certificate immediately ceases to be in force.\n Certificate not a legislative instrument\n (7) A certificate issued under this section is not a legislative instrument.\n\n#### Subdivision B—Production of certificates\n\n#### 20 Enforcement officer may require insurance certificate to be produced\n\n (1) An enforcement officer may require the master or other person in charge of a ship to which this Part applies to produce to the officer an appropriate insurance certificate for the ship that is in force if:\n (a) for a ship that is registered in Australia—the ship is in Australia; or\n (b) for any other ship—the ship is at a port in Australia or at an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory.\n Offence\n (2) A person commits an offence if:\n (a) the person is subject to a requirement under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: 20 penalty units.\n\n (3) An offence against subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (4) Subsection (2) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time the requirement under subsection (1) is made; and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### Subdivision C—Detention of ships\n\n#### 21 Enforcement officer may detain ships\n\n (1) An enforcement officer may detain a ship to which this Part applies in a port in Australia if the officer has reasonable grounds to believe that, at the time the ship attempts to leave the port, there is not an appropriate insurance certificate for the ship that is in force.\n (2) The officer may detain the ship until the certificate is produced to the officer or the officer is satisfied that the certificate has been obtained.\n (3) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) an enforcement officer has detained the ship under subsection (1) in a port in Australia; and\n (c) the ship leaves the port while it is under detention.\n\nPenalty: 2,000 penalty units.\n\n (4) An offence against subsection (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (5) An offence against subsection (3) is an indictable offence.\n\n#### Subdivision D—Certificates ceasing to be in force\n\n#### 22 Authority may cancel certificate\n\n (1) The Authority may cancel a certificate issued under section 18 for a ship if it is satisfied that the registered owner of the ship is no longer maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.\n (2) The Authority must give notice of the cancellation to:\n (a) the registered owner of the ship; and\n (b) the master (if any) of the ship; and\n (c) if, when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied—the foreign country.\n (3) The cancellation takes effect on the day specified in the notice of cancellation.\n\n#### 23 When certificate automatically ceases to be in force\n\n Ship registered in Australia\n (1) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in Australia; and\n (b) the ship ceases to be registered in Australia.\n Ship registered in foreign country that is not a Convention country\n (2) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied; and\n (b) the ship ceases to be registered in that country or that country becomes a country to which that Convention applies.\n\n#### Subdivision E—Review of decisions\n\n#### 24 Review of decisions\n\n Applications may be made to the Administrative Review Tribunal for review of the following decisions of the Authority:\n (a) a decision under subsection 18(7) to refuse to issue a certificate;\n (b) a decision under subsection 22(1) to cancel a certificate.\n\n## Part 4—Other matters\n\n#### 24A Responder immunity\n\n (1) Subject to this section, no civil action, suit or proceeding lies against a person in relation to anything done, or omitted to be done, reasonably and in good faith by the person in relation to preventing or minimising pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This section also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n Exceptions\n (2) Subsection (1) does not prevent an action, suit or proceeding from being brought against the shipowner or shipowners concerned (including on the basis of vicarious liability).\n (3) Subsection (1) does not apply in relation to anything done, or omitted to be done:\n (a) with intent to cause damage; or\n (b) recklessly and with knowledge that damage would probably result.\n Scope of section\n (4) Subsection (1) has effect:\n (a) in relation to anything done, or omitted to be done, by:\n (i) a constitutional corporation; or\n (ii) a director, officer, employee or agent of a constitutional corporation in the capacity of such a director, officer, employee or agent; and\n (b) in relation to anything done, or omitted to be done, outside Australia; and\n (c) in relation to anything done, or omitted to be done, in the course of, or in relation to, any of the following:\n (i) trade or commerce between Australia and places outside Australia;\n (ii) trade or commerce among the States;\n (iii) trade or commerce within a Territory, between a State and a Territory or between 2 Territories; and\n (d) in relation to anything done, or omitted to be done, by the Commonwealth or an authority of the Commonwealth.\n (5) For the purposes of paragraph (4)(b), outside Australia means outside the baseline from which the breadth of the territorial sea (within the meaning of the Seas and Submerged Lands Act 1973) is measured under section 7 of that Act.\n\n#### 25 No time limit for prosecution\n\n A prosecution for an offence against this Act may be brought at any time.\n\n#### 26 Submission to jurisdiction\n\n (1) In any proceedings brought in a court in Australia to enforce a claim in respect of a liability incurred under the applied provisions, each foreign country to which the Bunker Oil Convention applies is taken to:\n (a) have submitted to the jurisdiction of that court; and\n (b) have waived any defence based on its status as a sovereign country.\n (2) Nothing in this section permits the levy of execution against the property of such a country.\n\n#### 27 Regulations to give effect to Article 10 of the Bunker Oil Convention\n\n (1) The regulations may make provision for and in relation to giving effect to Article 10 of the Bunker Oil Convention.\n Conferral of jurisdiction\n (2) Regulations made for the purposes of this section may confer jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section.\n (3) Regulations made for the purposes of this section may confer jurisdiction on the Supreme Courts of the States and Territories with respect to matters arising under regulations made for the purposes of this section.\n (4) Any jurisdiction conferred on the Supreme Courts of the Territories is conferred to the extent that the Constitution permits.\n (5) This section does not limit the power of a judge or judges of a court to make rules of court with respect to a matter that is not provided for in regulations made for the purposes of this section.\n Fees\n (6) Regulations made for the purposes of this section may make provision for and in relation to fees payable in respect of matters arising under regulations made for the purposes of this section.\n (7) A fee must not be such as to amount to taxation.\n Interpretation\n (8) Subsections (2), (3) and (6) do not limit subsection (1).\n\n#### 28 Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) An offence against this Act that would otherwise be committed by the partnership is taken to have been committed by each partner who knows or ought reasonably to know that the partnership is the registered owner of the ship concerned.\n (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 29 Treatment of unincorporated associations\n\n (1) This Act applies to an unincorporated association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the association by this Act is imposed on each member of the association’s committee of management instead, but may be discharged by any of the members.\n (3) An offence against this Act that would otherwise be committed by the association is taken to have been committed by each member of the association’s committee of management who knows or ought reasonably to know that the association is the registered owner of the ship concerned.\n\n#### 30 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Application of Part","content":"#### 12 Application of Part\n\n (1) Subject to this section, this Part applies to a ship that has a gross tonnage of more than 1,000.\n Overlap with Civil Liability Convention\n (2) This Part does not apply to a ship to which Part III of the Protection of the Sea (Civil Liability) Act 1981 applies.\n Government ships\n (3) This Part applies to a government ship only if it is being used for commercial purposes.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Unregistered ships","content":"#### 13 Unregistered ships\n\n This Part applies to a ship that is unregistered as if it were registered in the country whose flag the ship is entitled to fly.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Concurrent State or Territory laws","content":"#### 14 Concurrent State or Territory laws\n\n This Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to a ship that is not a regulated Australian vessel.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Appropriate insurance certificate","content":"#### 15 Appropriate insurance certificate\n\n For the purposes of this Act, an appropriate insurance certificate for a ship is worked out using the following table:\n\n```html\n

Appropriate insurance certificate

If the ship …

the appropriate insurance certificate is …

1

is registered in Australia and is not a government ship

(a) for a ship that is a regulated Australian vessel—a certificate issued under section 18 for the ship; or

(b) for a ship that is not a regulated Australian vessel—a certificate issued under section 18 for the ship, or a certificate issued for the ship under a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to the ship.

2

is registered in a foreign country to which the Bunker Oil Convention applies and is not a government ship

a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of that country.

3

is registered in a foreign country to which the Bunker Oil Convention does not apply and is not a government ship

(a) a certificate issued under section 18 for the ship; or

(b) a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of a foreign country to which the Bunker Oil Convention applies.

4

is owned or operated by the Commonwealth or an authority of the Commonwealth

a certificate issued under section 19 for the ship.

5

is owned or operated by a State or Territory or an authority of a State or Territory

(a) a certificate issued under section 19 for the ship; or

(b) a certificate issued for the ship under a law of the State or Territory stating that the ship is owned or operated by the State or Territory or the authority of the State or Territory and that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

6

is owned or operated by a foreign country or an authority of a foreign country

a certificate issued for the ship by or under the authority of the government of the foreign country stating that:

(a) the ship is owned or operated by the foreign country or the authority of the foreign country; and

(b) the foreign country will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

\n```","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Ships must carry insurance certificate when entering or leaving ports in Australia etc.","content":"#### 16 Ships must carry insurance certificate when entering or leaving ports in Australia etc.\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship:\n (i) enters or leaves a port in Australia; or\n (ii) arrives at or leaves an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory; and\n (c) at the time the ship does so, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Ships registered in Australia must carry insurance certificate when in operation","content":"#### 17 Ships registered in Australia must carry insurance certificate when in operation\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship is registered in Australia; and\n (c) at the time the ship is in operation, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.","sortOrder":23},{"sectionNumber":"Division 3","sectionType":"division","heading":"Insurance certificates","content":"An Act to give effect to the International Convention on Civil Liability for Bunker Oil Pollution Damage, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

12 July 2008

2. Sections 3 to 30

The later of:

(a) the day on which this Act receives the Royal Assent; and

(b) the day on which the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001, enters into force for Australia.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

The Minister must announce by notice in the Gazette the day on which the Convention enters into force for Australia.

16 June 2009

(see Gazette
2009, No. GN20)

(paragraph (b) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act:\n\n> applied provisions means the provisions of the Bunker Oil Convention mentioned in section 11 as they have the force of law as part of the law of the Commonwealth.\n\n> appropriate insurance certificate has the meaning given by section 15.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\n> Bunker Oil Convention means:\n\n (a) the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001; or\n (b) if the Convention has been amended by any amendment that has entered into force for Australia—the Convention as so amended.\n\n> Note: In 2008, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> Civil Liability Convention has the same meaning as in the Bunker Oil Convention.\n\n> coastal sea of Australia or an external Territory has the same meaning as in subsection 15B(4) of the Acts Interpretation Act 1901.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> enforcement 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 person included in a class of persons prescribed by the regulations for the purposes of this paragraph.\n\n> government ship means a ship (including a warship) that is owned or operated by:\n\n (a) the Commonwealth, a State, a Territory or a foreign country; or\n (b) an authority of the Commonwealth, a State, a Territory or a foreign country.\n\n> gross tonnage has the same meaning as in the Bunker Oil Convention.\n\n> incident has the same meaning as in the Bunker Oil Convention.\n\n> offshore facility has the same meaning as in the Bunker Oil Convention.\n\n> person has the same meaning as in the Bunker Oil Convention.\n\n> Note: See also sections 28 (partnerships) and 29 (unincorporated associations).\n\n> pollution damage has the same meaning as in the Bunker Oil Convention.\n\n> preventive measures has the same meaning as in the Bunker Oil Convention.\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> registered owner has the same meaning as in the Bunker Oil Convention.\n\n> Secretary‑General has the same meaning as in the Bunker Oil Convention.\n\n> ship has the same meaning as in the Bunker Oil Convention.\n\n> shipowner has the same meaning as in the Bunker Oil Convention.\n\n#### 4 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 5 Extension to external Territories\n\n This Act extends to every external Territory.\n\n#### 6 Extraterritorial application\n\n Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.\n\n## Part 2—Liability under Bunker Oil Convention\n\n### Division 1—Application of Part\n\n#### 7 Application of Part\n\n Subject to this Division, this Part applies to:\n (a) pollution damage occurring in Australia or the exclusive economic zone of Australia; and\n (b) preventive measures, wherever they are taken, to prevent or minimise pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This Part also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n#### 8 Overlap with Civil Liability Convention\n\n This Part does not apply to pollution damage (within the meaning of the Civil Liability Convention), whether or not compensation is payable in respect of the damage under the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 9 Government ships\n\n This Part applies in relation to a government ship only if it is being used for commercial purposes.\n\n#### 10 Relationship with corresponding State or Territory laws\n\n (1) This Part does 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 Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil 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 5 of the Bunker Oil 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### Division 2—Liability for pollution damage\n\n#### 11 Liability for pollution damage\n\n So far as this Part applies, Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil Convention have the force of law as part of the law of the Commonwealth.\n\n> Note 1: Those provisions of the Bunker Oil Convention deal with the liability of shipowners for pollution damage and the making of claims against insurers or persons providing financial security for ships.\n\n> Note 2: The Admiralty Act 1988 deals with the conferral of jurisdiction on courts to hear and determine claims under the applied provisions.\n\n## Part 3—Insurance certificates relating to liability for pollution damage\n\n### Division 1—Introduction\n\n#### 12 Application of Part\n\n (1) Subject to this section, this Part applies to a ship that has a gross tonnage of more than 1,000.\n Overlap with Civil Liability Convention\n (2) This Part does not apply to a ship to which Part III of the Protection of the Sea (Civil Liability) Act 1981 applies.\n Government ships\n (3) This Part applies to a government ship only if it is being used for commercial purposes.\n\n#### 13 Unregistered ships\n\n This Part applies to a ship that is unregistered as if it were registered in the country whose flag the ship is entitled to fly.\n\n#### 14 Concurrent State or Territory laws\n\n This Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to a ship that is not a regulated Australian vessel.\n\n#### 15 Appropriate insurance certificate\n\n For the purposes of this Act, an appropriate insurance certificate for a ship is worked out using the following table:\n\n```html\n

Appropriate insurance certificate

If the ship …

the appropriate insurance certificate is …

1

is registered in Australia and is not a government ship

(a) for a ship that is a regulated Australian vessel—a certificate issued under section 18 for the ship; or

(b) for a ship that is not a regulated Australian vessel—a certificate issued under section 18 for the ship, or a certificate issued for the ship under a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to the ship.

2

is registered in a foreign country to which the Bunker Oil Convention applies and is not a government ship

a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of that country.

3

is registered in a foreign country to which the Bunker Oil Convention does not apply and is not a government ship

(a) a certificate issued under section 18 for the ship; or

(b) a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of a foreign country to which the Bunker Oil Convention applies.

4

is owned or operated by the Commonwealth or an authority of the Commonwealth

a certificate issued under section 19 for the ship.

5

is owned or operated by a State or Territory or an authority of a State or Territory

(a) a certificate issued under section 19 for the ship; or

(b) a certificate issued for the ship under a law of the State or Territory stating that the ship is owned or operated by the State or Territory or the authority of the State or Territory and that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

6

is owned or operated by a foreign country or an authority of a foreign country

a certificate issued for the ship by or under the authority of the government of the foreign country stating that:

(a) the ship is owned or operated by the foreign country or the authority of the foreign country; and

(b) the foreign country will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

\n```\n\n### Division 2—Ships must carry insurance certificates\n\n#### 16 Ships must carry insurance certificate when entering or leaving ports in Australia etc.\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship:\n (i) enters or leaves a port in Australia; or\n (ii) arrives at or leaves an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory; and\n (c) at the time the ship does so, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n#### 17 Ships registered in Australia must carry insurance certificate when in operation\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship is registered in Australia; and\n (c) at the time the ship is in operation, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n### Division 3—Insurance certificates\n\n#### Subdivision A—Issue of certificates\n\n#### 18 Issue of certificates for ships other than government ships\n\n Application for certificate\n (1) A person may apply to the Authority for the issue of a certificate for a ship that is registered:\n (a) in Australia; or\n (b) in a foreign country that is not a country to which the Bunker Oil Convention applies.\n Government ships\n (2) This section does not apply to a government ship.\n\n> Note: Section 19 deals with the issue of certificates for certain government ships.\n\n Form of application\n (3) An application must be:\n (a) in accordance with the form approved under subsection (4); and\n (b) accompanied by the fee (if any) prescribed by the regulations for the purposes of this paragraph.\n (4) The Authority must, by writing, approve a form for the purposes of paragraph (3)(a).\n (5) A fee must not be such as to amount to taxation.\n Decision on application\n (6) If the Authority is satisfied that the registered owner of the ship is maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship, it must issue a certificate for the ship.\n (7) If the Authority is not so satisfied, it must refuse to issue a certificate for the ship.\n Form of certificate\n (8) A certificate under this section must be in the form approved under subsection (9).\n (9) The Authority must, by writing, approve a form for the purposes of subsection (8). That form must contain the particulars specified in paragraph 2 of Article 7 of the Bunker Oil Convention, but may contain other particulars.\n Period certificate in force\n (10) A certificate under this section comes into force on the day specified in the certificate.\n\n> Note 1: Paragraph 2 of Article 7 of the Bunker Oil Convention requires the certificate to specify the period of validity of the certificate.\n\n> Note 2: Sections 22 and 23 deal with certificates ceasing to be in force.\n\n Certificate not a legislative instrument\n (11) A certificate issued under this section is not a legislative instrument.\n\n#### 19 Issue of certificates for government ships\n\n Commonwealth ships\n (1) The Authority may issue a certificate, for a ship owned or operated by the Commonwealth or an authority of the Commonwealth, certifying that:\n (a) the ship is owned or operated by the Commonwealth or the authority of the Commonwealth; and\n (b) if the ship is owned or operated by the Commonwealth and the Minister is satisfied that the Commonwealth will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth; and\n (c) if the ship is owned or operated by an authority of the Commonwealth and the Minister is satisfied that the Commonwealth or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth or the authority.\n State or Territory ships\n (2) The Authority may issue a certificate, for a ship owned or operated by a State or a Territory or an authority of a State or Territory, certifying that:\n (a) the ship is owned or operated by the State or Territory or the authority of the State or Territory; and\n (b) if the ship is owned or operated by a State or Territory and the Minister is satisfied that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory; and\n . (c) if the ship is owned or operated by an authority of a State or Territory and the Minister is satisfied that the State or Territory or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory or the authority.\n Form of certificate\n (3) A certificate under this section must be in the form approved under subsection (4).\n (4) The Authority must, by writing, approve a form for the purposes of subsection (3).\n Period certificate in force\n (5) A certificate under this section:\n (a) comes into force on the day specified in the certificate; and\n (b) remains in force for the period specified in the certificate.\n (6) However, if the Commonwealth, the State or the Territory or the authority of the Commonwealth, the State or the Territory ceases to own or operate the ship covered by a certificate under this section, the certificate immediately ceases to be in force.\n Certificate not a legislative instrument\n (7) A certificate issued under this section is not a legislative instrument.\n\n#### Subdivision B—Production of certificates\n\n#### 20 Enforcement officer may require insurance certificate to be produced\n\n (1) An enforcement officer may require the master or other person in charge of a ship to which this Part applies to produce to the officer an appropriate insurance certificate for the ship that is in force if:\n (a) for a ship that is registered in Australia—the ship is in Australia; or\n (b) for any other ship—the ship is at a port in Australia or at an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory.\n Offence\n (2) A person commits an offence if:\n (a) the person is subject to a requirement under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: 20 penalty units.\n\n (3) An offence against subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (4) Subsection (2) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time the requirement under subsection (1) is made; and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### Subdivision C—Detention of ships\n\n#### 21 Enforcement officer may detain ships\n\n (1) An enforcement officer may detain a ship to which this Part applies in a port in Australia if the officer has reasonable grounds to believe that, at the time the ship attempts to leave the port, there is not an appropriate insurance certificate for the ship that is in force.\n (2) The officer may detain the ship until the certificate is produced to the officer or the officer is satisfied that the certificate has been obtained.\n (3) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) an enforcement officer has detained the ship under subsection (1) in a port in Australia; and\n (c) the ship leaves the port while it is under detention.\n\nPenalty: 2,000 penalty units.\n\n (4) An offence against subsection (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (5) An offence against subsection (3) is an indictable offence.\n\n#### Subdivision D—Certificates ceasing to be in force\n\n#### 22 Authority may cancel certificate\n\n (1) The Authority may cancel a certificate issued under section 18 for a ship if it is satisfied that the registered owner of the ship is no longer maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.\n (2) The Authority must give notice of the cancellation to:\n (a) the registered owner of the ship; and\n (b) the master (if any) of the ship; and\n (c) if, when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied—the foreign country.\n (3) The cancellation takes effect on the day specified in the notice of cancellation.\n\n#### 23 When certificate automatically ceases to be in force\n\n Ship registered in Australia\n (1) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in Australia; and\n (b) the ship ceases to be registered in Australia.\n Ship registered in foreign country that is not a Convention country\n (2) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied; and\n (b) the ship ceases to be registered in that country or that country becomes a country to which that Convention applies.\n\n#### Subdivision E—Review of decisions\n\n#### 24 Review of decisions\n\n Applications may be made to the Administrative Review Tribunal for review of the following decisions of the Authority:\n (a) a decision under subsection 18(7) to refuse to issue a certificate;\n (b) a decision under subsection 22(1) to cancel a certificate.\n\n## Part 4—Other matters\n\n#### 24A Responder immunity\n\n (1) Subject to this section, no civil action, suit or proceeding lies against a person in relation to anything done, or omitted to be done, reasonably and in good faith by the person in relation to preventing or minimising pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This section also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n Exceptions\n (2) Subsection (1) does not prevent an action, suit or proceeding from being brought against the shipowner or shipowners concerned (including on the basis of vicarious liability).\n (3) Subsection (1) does not apply in relation to anything done, or omitted to be done:\n (a) with intent to cause damage; or\n (b) recklessly and with knowledge that damage would probably result.\n Scope of section\n (4) Subsection (1) has effect:\n (a) in relation to anything done, or omitted to be done, by:\n (i) a constitutional corporation; or\n (ii) a director, officer, employee or agent of a constitutional corporation in the capacity of such a director, officer, employee or agent; and\n (b) in relation to anything done, or omitted to be done, outside Australia; and\n (c) in relation to anything done, or omitted to be done, in the course of, or in relation to, any of the following:\n (i) trade or commerce between Australia and places outside Australia;\n (ii) trade or commerce among the States;\n (iii) trade or commerce within a Territory, between a State and a Territory or between 2 Territories; and\n (d) in relation to anything done, or omitted to be done, by the Commonwealth or an authority of the Commonwealth.\n (5) For the purposes of paragraph (4)(b), outside Australia means outside the baseline from which the breadth of the territorial sea (within the meaning of the Seas and Submerged Lands Act 1973) is measured under section 7 of that Act.\n\n#### 25 No time limit for prosecution\n\n A prosecution for an offence against this Act may be brought at any time.\n\n#### 26 Submission to jurisdiction\n\n (1) In any proceedings brought in a court in Australia to enforce a claim in respect of a liability incurred under the applied provisions, each foreign country to which the Bunker Oil Convention applies is taken to:\n (a) have submitted to the jurisdiction of that court; and\n (b) have waived any defence based on its status as a sovereign country.\n (2) Nothing in this section permits the levy of execution against the property of such a country.\n\n#### 27 Regulations to give effect to Article 10 of the Bunker Oil Convention\n\n (1) The regulations may make provision for and in relation to giving effect to Article 10 of the Bunker Oil Convention.\n Conferral of jurisdiction\n (2) Regulations made for the purposes of this section may confer jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section.\n (3) Regulations made for the purposes of this section may confer jurisdiction on the Supreme Courts of the States and Territories with respect to matters arising under regulations made for the purposes of this section.\n (4) Any jurisdiction conferred on the Supreme Courts of the Territories is conferred to the extent that the Constitution permits.\n (5) This section does not limit the power of a judge or judges of a court to make rules of court with respect to a matter that is not provided for in regulations made for the purposes of this section.\n Fees\n (6) Regulations made for the purposes of this section may make provision for and in relation to fees payable in respect of matters arising under regulations made for the purposes of this section.\n (7) A fee must not be such as to amount to taxation.\n Interpretation\n (8) Subsections (2), (3) and (6) do not limit subsection (1).\n\n#### 28 Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) An offence against this Act that would otherwise be committed by the partnership is taken to have been committed by each partner who knows or ought reasonably to know that the partnership is the registered owner of the ship concerned.\n (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 29 Treatment of unincorporated associations\n\n (1) This Act applies to an unincorporated association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the association by this Act is imposed on each member of the association’s committee of management instead, but may be discharged by any of the members.\n (3) An offence against this Act that would otherwise be committed by the association is taken to have been committed by each member of the association’s committee of management who knows or ought reasonably to know that the association is the registered owner of the ship concerned.\n\n#### 30 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":24},{"sectionNumber":"Subdivision A","sectionType":"subdivision","heading":"Issue of certificates","content":"An Act to give effect to the International Convention on Civil Liability for Bunker Oil Pollution Damage, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

12 July 2008

2. Sections 3 to 30

The later of:

(a) the day on which this Act receives the Royal Assent; and

(b) the day on which the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001, enters into force for Australia.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

The Minister must announce by notice in the Gazette the day on which the Convention enters into force for Australia.

16 June 2009

(see Gazette
2009, No. GN20)

(paragraph (b) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act:\n\n> applied provisions means the provisions of the Bunker Oil Convention mentioned in section 11 as they have the force of law as part of the law of the Commonwealth.\n\n> appropriate insurance certificate has the meaning given by section 15.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\n> Bunker Oil Convention means:\n\n (a) the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001; or\n (b) if the Convention has been amended by any amendment that has entered into force for Australia—the Convention as so amended.\n\n> Note: In 2008, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> Civil Liability Convention has the same meaning as in the Bunker Oil Convention.\n\n> coastal sea of Australia or an external Territory has the same meaning as in subsection 15B(4) of the Acts Interpretation Act 1901.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> enforcement 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 person included in a class of persons prescribed by the regulations for the purposes of this paragraph.\n\n> government ship means a ship (including a warship) that is owned or operated by:\n\n (a) the Commonwealth, a State, a Territory or a foreign country; or\n (b) an authority of the Commonwealth, a State, a Territory or a foreign country.\n\n> gross tonnage has the same meaning as in the Bunker Oil Convention.\n\n> incident has the same meaning as in the Bunker Oil Convention.\n\n> offshore facility has the same meaning as in the Bunker Oil Convention.\n\n> person has the same meaning as in the Bunker Oil Convention.\n\n> Note: See also sections 28 (partnerships) and 29 (unincorporated associations).\n\n> pollution damage has the same meaning as in the Bunker Oil Convention.\n\n> preventive measures has the same meaning as in the Bunker Oil Convention.\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> registered owner has the same meaning as in the Bunker Oil Convention.\n\n> Secretary‑General has the same meaning as in the Bunker Oil Convention.\n\n> ship has the same meaning as in the Bunker Oil Convention.\n\n> shipowner has the same meaning as in the Bunker Oil Convention.\n\n#### 4 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 5 Extension to external Territories\n\n This Act extends to every external Territory.\n\n#### 6 Extraterritorial application\n\n Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.\n\n## Part 2—Liability under Bunker Oil Convention\n\n### Division 1—Application of Part\n\n#### 7 Application of Part\n\n Subject to this Division, this Part applies to:\n (a) pollution damage occurring in Australia or the exclusive economic zone of Australia; and\n (b) preventive measures, wherever they are taken, to prevent or minimise pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This Part also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n#### 8 Overlap with Civil Liability Convention\n\n This Part does not apply to pollution damage (within the meaning of the Civil Liability Convention), whether or not compensation is payable in respect of the damage under the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 9 Government ships\n\n This Part applies in relation to a government ship only if it is being used for commercial purposes.\n\n#### 10 Relationship with corresponding State or Territory laws\n\n (1) This Part does 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 Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil 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 5 of the Bunker Oil 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### Division 2—Liability for pollution damage\n\n#### 11 Liability for pollution damage\n\n So far as this Part applies, Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil Convention have the force of law as part of the law of the Commonwealth.\n\n> Note 1: Those provisions of the Bunker Oil Convention deal with the liability of shipowners for pollution damage and the making of claims against insurers or persons providing financial security for ships.\n\n> Note 2: The Admiralty Act 1988 deals with the conferral of jurisdiction on courts to hear and determine claims under the applied provisions.\n\n## Part 3—Insurance certificates relating to liability for pollution damage\n\n### Division 1—Introduction\n\n#### 12 Application of Part\n\n (1) Subject to this section, this Part applies to a ship that has a gross tonnage of more than 1,000.\n Overlap with Civil Liability Convention\n (2) This Part does not apply to a ship to which Part III of the Protection of the Sea (Civil Liability) Act 1981 applies.\n Government ships\n (3) This Part applies to a government ship only if it is being used for commercial purposes.\n\n#### 13 Unregistered ships\n\n This Part applies to a ship that is unregistered as if it were registered in the country whose flag the ship is entitled to fly.\n\n#### 14 Concurrent State or Territory laws\n\n This Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to a ship that is not a regulated Australian vessel.\n\n#### 15 Appropriate insurance certificate\n\n For the purposes of this Act, an appropriate insurance certificate for a ship is worked out using the following table:\n\n```html\n

Appropriate insurance certificate

If the ship …

the appropriate insurance certificate is …

1

is registered in Australia and is not a government ship

(a) for a ship that is a regulated Australian vessel—a certificate issued under section 18 for the ship; or

(b) for a ship that is not a regulated Australian vessel—a certificate issued under section 18 for the ship, or a certificate issued for the ship under a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to the ship.

2

is registered in a foreign country to which the Bunker Oil Convention applies and is not a government ship

a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of that country.

3

is registered in a foreign country to which the Bunker Oil Convention does not apply and is not a government ship

(a) a certificate issued under section 18 for the ship; or

(b) a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of a foreign country to which the Bunker Oil Convention applies.

4

is owned or operated by the Commonwealth or an authority of the Commonwealth

a certificate issued under section 19 for the ship.

5

is owned or operated by a State or Territory or an authority of a State or Territory

(a) a certificate issued under section 19 for the ship; or

(b) a certificate issued for the ship under a law of the State or Territory stating that the ship is owned or operated by the State or Territory or the authority of the State or Territory and that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

6

is owned or operated by a foreign country or an authority of a foreign country

a certificate issued for the ship by or under the authority of the government of the foreign country stating that:

(a) the ship is owned or operated by the foreign country or the authority of the foreign country; and

(b) the foreign country will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

\n```\n\n### Division 2—Ships must carry insurance certificates\n\n#### 16 Ships must carry insurance certificate when entering or leaving ports in Australia etc.\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship:\n (i) enters or leaves a port in Australia; or\n (ii) arrives at or leaves an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory; and\n (c) at the time the ship does so, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n#### 17 Ships registered in Australia must carry insurance certificate when in operation\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship is registered in Australia; and\n (c) at the time the ship is in operation, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n### Division 3—Insurance certificates\n\n#### Subdivision A—Issue of certificates\n\n#### 18 Issue of certificates for ships other than government ships\n\n Application for certificate\n (1) A person may apply to the Authority for the issue of a certificate for a ship that is registered:\n (a) in Australia; or\n (b) in a foreign country that is not a country to which the Bunker Oil Convention applies.\n Government ships\n (2) This section does not apply to a government ship.\n\n> Note: Section 19 deals with the issue of certificates for certain government ships.\n\n Form of application\n (3) An application must be:\n (a) in accordance with the form approved under subsection (4); and\n (b) accompanied by the fee (if any) prescribed by the regulations for the purposes of this paragraph.\n (4) The Authority must, by writing, approve a form for the purposes of paragraph (3)(a).\n (5) A fee must not be such as to amount to taxation.\n Decision on application\n (6) If the Authority is satisfied that the registered owner of the ship is maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship, it must issue a certificate for the ship.\n (7) If the Authority is not so satisfied, it must refuse to issue a certificate for the ship.\n Form of certificate\n (8) A certificate under this section must be in the form approved under subsection (9).\n (9) The Authority must, by writing, approve a form for the purposes of subsection (8). That form must contain the particulars specified in paragraph 2 of Article 7 of the Bunker Oil Convention, but may contain other particulars.\n Period certificate in force\n (10) A certificate under this section comes into force on the day specified in the certificate.\n\n> Note 1: Paragraph 2 of Article 7 of the Bunker Oil Convention requires the certificate to specify the period of validity of the certificate.\n\n> Note 2: Sections 22 and 23 deal with certificates ceasing to be in force.\n\n Certificate not a legislative instrument\n (11) A certificate issued under this section is not a legislative instrument.\n\n#### 19 Issue of certificates for government ships\n\n Commonwealth ships\n (1) The Authority may issue a certificate, for a ship owned or operated by the Commonwealth or an authority of the Commonwealth, certifying that:\n (a) the ship is owned or operated by the Commonwealth or the authority of the Commonwealth; and\n (b) if the ship is owned or operated by the Commonwealth and the Minister is satisfied that the Commonwealth will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth; and\n (c) if the ship is owned or operated by an authority of the Commonwealth and the Minister is satisfied that the Commonwealth or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth or the authority.\n State or Territory ships\n (2) The Authority may issue a certificate, for a ship owned or operated by a State or a Territory or an authority of a State or Territory, certifying that:\n (a) the ship is owned or operated by the State or Territory or the authority of the State or Territory; and\n (b) if the ship is owned or operated by a State or Territory and the Minister is satisfied that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory; and\n . (c) if the ship is owned or operated by an authority of a State or Territory and the Minister is satisfied that the State or Territory or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory or the authority.\n Form of certificate\n (3) A certificate under this section must be in the form approved under subsection (4).\n (4) The Authority must, by writing, approve a form for the purposes of subsection (3).\n Period certificate in force\n (5) A certificate under this section:\n (a) comes into force on the day specified in the certificate; and\n (b) remains in force for the period specified in the certificate.\n (6) However, if the Commonwealth, the State or the Territory or the authority of the Commonwealth, the State or the Territory ceases to own or operate the ship covered by a certificate under this section, the certificate immediately ceases to be in force.\n Certificate not a legislative instrument\n (7) A certificate issued under this section is not a legislative instrument.\n\n#### Subdivision B—Production of certificates\n\n#### 20 Enforcement officer may require insurance certificate to be produced\n\n (1) An enforcement officer may require the master or other person in charge of a ship to which this Part applies to produce to the officer an appropriate insurance certificate for the ship that is in force if:\n (a) for a ship that is registered in Australia—the ship is in Australia; or\n (b) for any other ship—the ship is at a port in Australia or at an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory.\n Offence\n (2) A person commits an offence if:\n (a) the person is subject to a requirement under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: 20 penalty units.\n\n (3) An offence against subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (4) Subsection (2) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time the requirement under subsection (1) is made; and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### Subdivision C—Detention of ships\n\n#### 21 Enforcement officer may detain ships\n\n (1) An enforcement officer may detain a ship to which this Part applies in a port in Australia if the officer has reasonable grounds to believe that, at the time the ship attempts to leave the port, there is not an appropriate insurance certificate for the ship that is in force.\n (2) The officer may detain the ship until the certificate is produced to the officer or the officer is satisfied that the certificate has been obtained.\n (3) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) an enforcement officer has detained the ship under subsection (1) in a port in Australia; and\n (c) the ship leaves the port while it is under detention.\n\nPenalty: 2,000 penalty units.\n\n (4) An offence against subsection (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (5) An offence against subsection (3) is an indictable offence.\n\n#### Subdivision D—Certificates ceasing to be in force\n\n#### 22 Authority may cancel certificate\n\n (1) The Authority may cancel a certificate issued under section 18 for a ship if it is satisfied that the registered owner of the ship is no longer maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.\n (2) The Authority must give notice of the cancellation to:\n (a) the registered owner of the ship; and\n (b) the master (if any) of the ship; and\n (c) if, when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied—the foreign country.\n (3) The cancellation takes effect on the day specified in the notice of cancellation.\n\n#### 23 When certificate automatically ceases to be in force\n\n Ship registered in Australia\n (1) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in Australia; and\n (b) the ship ceases to be registered in Australia.\n Ship registered in foreign country that is not a Convention country\n (2) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied; and\n (b) the ship ceases to be registered in that country or that country becomes a country to which that Convention applies.\n\n#### Subdivision E—Review of decisions\n\n#### 24 Review of decisions\n\n Applications may be made to the Administrative Review Tribunal for review of the following decisions of the Authority:\n (a) a decision under subsection 18(7) to refuse to issue a certificate;\n (b) a decision under subsection 22(1) to cancel a certificate.\n\n## Part 4—Other matters\n\n#### 24A Responder immunity\n\n (1) Subject to this section, no civil action, suit or proceeding lies against a person in relation to anything done, or omitted to be done, reasonably and in good faith by the person in relation to preventing or minimising pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This section also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n Exceptions\n (2) Subsection (1) does not prevent an action, suit or proceeding from being brought against the shipowner or shipowners concerned (including on the basis of vicarious liability).\n (3) Subsection (1) does not apply in relation to anything done, or omitted to be done:\n (a) with intent to cause damage; or\n (b) recklessly and with knowledge that damage would probably result.\n Scope of section\n (4) Subsection (1) has effect:\n (a) in relation to anything done, or omitted to be done, by:\n (i) a constitutional corporation; or\n (ii) a director, officer, employee or agent of a constitutional corporation in the capacity of such a director, officer, employee or agent; and\n (b) in relation to anything done, or omitted to be done, outside Australia; and\n (c) in relation to anything done, or omitted to be done, in the course of, or in relation to, any of the following:\n (i) trade or commerce between Australia and places outside Australia;\n (ii) trade or commerce among the States;\n (iii) trade or commerce within a Territory, between a State and a Territory or between 2 Territories; and\n (d) in relation to anything done, or omitted to be done, by the Commonwealth or an authority of the Commonwealth.\n (5) For the purposes of paragraph (4)(b), outside Australia means outside the baseline from which the breadth of the territorial sea (within the meaning of the Seas and Submerged Lands Act 1973) is measured under section 7 of that Act.\n\n#### 25 No time limit for prosecution\n\n A prosecution for an offence against this Act may be brought at any time.\n\n#### 26 Submission to jurisdiction\n\n (1) In any proceedings brought in a court in Australia to enforce a claim in respect of a liability incurred under the applied provisions, each foreign country to which the Bunker Oil Convention applies is taken to:\n (a) have submitted to the jurisdiction of that court; and\n (b) have waived any defence based on its status as a sovereign country.\n (2) Nothing in this section permits the levy of execution against the property of such a country.\n\n#### 27 Regulations to give effect to Article 10 of the Bunker Oil Convention\n\n (1) The regulations may make provision for and in relation to giving effect to Article 10 of the Bunker Oil Convention.\n Conferral of jurisdiction\n (2) Regulations made for the purposes of this section may confer jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section.\n (3) Regulations made for the purposes of this section may confer jurisdiction on the Supreme Courts of the States and Territories with respect to matters arising under regulations made for the purposes of this section.\n (4) Any jurisdiction conferred on the Supreme Courts of the Territories is conferred to the extent that the Constitution permits.\n (5) This section does not limit the power of a judge or judges of a court to make rules of court with respect to a matter that is not provided for in regulations made for the purposes of this section.\n Fees\n (6) Regulations made for the purposes of this section may make provision for and in relation to fees payable in respect of matters arising under regulations made for the purposes of this section.\n (7) A fee must not be such as to amount to taxation.\n Interpretation\n (8) Subsections (2), (3) and (6) do not limit subsection (1).\n\n#### 28 Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) An offence against this Act that would otherwise be committed by the partnership is taken to have been committed by each partner who knows or ought reasonably to know that the partnership is the registered owner of the ship concerned.\n (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 29 Treatment of unincorporated associations\n\n (1) This Act applies to an unincorporated association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the association by this Act is imposed on each member of the association’s committee of management instead, but may be discharged by any of the members.\n (3) An offence against this Act that would otherwise be committed by the association is taken to have been committed by each member of the association’s committee of management who knows or ought reasonably to know that the association is the registered owner of the ship concerned.\n\n#### 30 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Issue of certificates for ships other than government ships","content":"#### 18 Issue of certificates for ships other than government ships\n\n Application for certificate\n (1) A person may apply to the Authority for the issue of a certificate for a ship that is registered:\n (a) in Australia; or\n (b) in a foreign country that is not a country to which the Bunker Oil Convention applies.\n Government ships\n (2) This section does not apply to a government ship.\n\n> Note: Section 19 deals with the issue of certificates for certain government ships.\n\n Form of application\n (3) An application must be:\n (a) in accordance with the form approved under subsection (4); and\n (b) accompanied by the fee (if any) prescribed by the regulations for the purposes of this paragraph.\n (4) The Authority must, by writing, approve a form for the purposes of paragraph (3)(a).\n (5) A fee must not be such as to amount to taxation.\n Decision on application\n (6) If the Authority is satisfied that the registered owner of the ship is maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship, it must issue a certificate for the ship.\n (7) If the Authority is not so satisfied, it must refuse to issue a certificate for the ship.\n Form of certificate\n (8) A certificate under this section must be in the form approved under subsection (9).\n (9) The Authority must, by writing, approve a form for the purposes of subsection (8). That form must contain the particulars specified in paragraph 2 of Article 7 of the Bunker Oil Convention, but may contain other particulars.\n Period certificate in force\n (10) A certificate under this section comes into force on the day specified in the certificate.\n\n> Note 1: Paragraph 2 of Article 7 of the Bunker Oil Convention requires the certificate to specify the period of validity of the certificate.\n\n> Note 2: Sections 22 and 23 deal with certificates ceasing to be in force.\n\n Certificate not a legislative instrument\n (11) A certificate issued under this section is not a legislative instrument.","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Issue of certificates for government ships","content":"#### 19 Issue of certificates for government ships\n\n Commonwealth ships\n (1) The Authority may issue a certificate, for a ship owned or operated by the Commonwealth or an authority of the Commonwealth, certifying that:\n (a) the ship is owned or operated by the Commonwealth or the authority of the Commonwealth; and\n (b) if the ship is owned or operated by the Commonwealth and the Minister is satisfied that the Commonwealth will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth; and\n (c) if the ship is owned or operated by an authority of the Commonwealth and the Minister is satisfied that the Commonwealth or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth or the authority.\n State or Territory ships\n (2) The Authority may issue a certificate, for a ship owned or operated by a State or a Territory or an authority of a State or Territory, certifying that:\n (a) the ship is owned or operated by the State or Territory or the authority of the State or Territory; and\n (b) if the ship is owned or operated by a State or Territory and the Minister is satisfied that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory; and\n . (c) if the ship is owned or operated by an authority of a State or Territory and the Minister is satisfied that the State or Territory or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory or the authority.\n Form of certificate\n (3) A certificate under this section must be in the form approved under subsection (4).\n (4) The Authority must, by writing, approve a form for the purposes of subsection (3).\n Period certificate in force\n (5) A certificate under this section:\n (a) comes into force on the day specified in the certificate; and\n (b) remains in force for the period specified in the certificate.\n (6) However, if the Commonwealth, the State or the Territory or the authority of the Commonwealth, the State or the Territory ceases to own or operate the ship covered by a certificate under this section, the certificate immediately ceases to be in force.\n Certificate not a legislative instrument\n (7) A certificate issued under this section is not a legislative instrument.","sortOrder":27},{"sectionNumber":"Subdivision B","sectionType":"subdivision","heading":"Production of certificates","content":"An Act to give effect to the International Convention on Civil Liability for Bunker Oil Pollution Damage, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

12 July 2008

2. Sections 3 to 30

The later of:

(a) the day on which this Act receives the Royal Assent; and

(b) the day on which the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001, enters into force for Australia.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

The Minister must announce by notice in the Gazette the day on which the Convention enters into force for Australia.

16 June 2009

(see Gazette
2009, No. GN20)

(paragraph (b) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act:\n\n> applied provisions means the provisions of the Bunker Oil Convention mentioned in section 11 as they have the force of law as part of the law of the Commonwealth.\n\n> appropriate insurance certificate has the meaning given by section 15.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\n> Bunker Oil Convention means:\n\n (a) the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001; or\n (b) if the Convention has been amended by any amendment that has entered into force for Australia—the Convention as so amended.\n\n> Note: In 2008, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> Civil Liability Convention has the same meaning as in the Bunker Oil Convention.\n\n> coastal sea of Australia or an external Territory has the same meaning as in subsection 15B(4) of the Acts Interpretation Act 1901.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> enforcement 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 person included in a class of persons prescribed by the regulations for the purposes of this paragraph.\n\n> government ship means a ship (including a warship) that is owned or operated by:\n\n (a) the Commonwealth, a State, a Territory or a foreign country; or\n (b) an authority of the Commonwealth, a State, a Territory or a foreign country.\n\n> gross tonnage has the same meaning as in the Bunker Oil Convention.\n\n> incident has the same meaning as in the Bunker Oil Convention.\n\n> offshore facility has the same meaning as in the Bunker Oil Convention.\n\n> person has the same meaning as in the Bunker Oil Convention.\n\n> Note: See also sections 28 (partnerships) and 29 (unincorporated associations).\n\n> pollution damage has the same meaning as in the Bunker Oil Convention.\n\n> preventive measures has the same meaning as in the Bunker Oil Convention.\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> registered owner has the same meaning as in the Bunker Oil Convention.\n\n> Secretary‑General has the same meaning as in the Bunker Oil Convention.\n\n> ship has the same meaning as in the Bunker Oil Convention.\n\n> shipowner has the same meaning as in the Bunker Oil Convention.\n\n#### 4 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 5 Extension to external Territories\n\n This Act extends to every external Territory.\n\n#### 6 Extraterritorial application\n\n Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.\n\n## Part 2—Liability under Bunker Oil Convention\n\n### Division 1—Application of Part\n\n#### 7 Application of Part\n\n Subject to this Division, this Part applies to:\n (a) pollution damage occurring in Australia or the exclusive economic zone of Australia; and\n (b) preventive measures, wherever they are taken, to prevent or minimise pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This Part also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n#### 8 Overlap with Civil Liability Convention\n\n This Part does not apply to pollution damage (within the meaning of the Civil Liability Convention), whether or not compensation is payable in respect of the damage under the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 9 Government ships\n\n This Part applies in relation to a government ship only if it is being used for commercial purposes.\n\n#### 10 Relationship with corresponding State or Territory laws\n\n (1) This Part does 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 Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil 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 5 of the Bunker Oil 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### Division 2—Liability for pollution damage\n\n#### 11 Liability for pollution damage\n\n So far as this Part applies, Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil Convention have the force of law as part of the law of the Commonwealth.\n\n> Note 1: Those provisions of the Bunker Oil Convention deal with the liability of shipowners for pollution damage and the making of claims against insurers or persons providing financial security for ships.\n\n> Note 2: The Admiralty Act 1988 deals with the conferral of jurisdiction on courts to hear and determine claims under the applied provisions.\n\n## Part 3—Insurance certificates relating to liability for pollution damage\n\n### Division 1—Introduction\n\n#### 12 Application of Part\n\n (1) Subject to this section, this Part applies to a ship that has a gross tonnage of more than 1,000.\n Overlap with Civil Liability Convention\n (2) This Part does not apply to a ship to which Part III of the Protection of the Sea (Civil Liability) Act 1981 applies.\n Government ships\n (3) This Part applies to a government ship only if it is being used for commercial purposes.\n\n#### 13 Unregistered ships\n\n This Part applies to a ship that is unregistered as if it were registered in the country whose flag the ship is entitled to fly.\n\n#### 14 Concurrent State or Territory laws\n\n This Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to a ship that is not a regulated Australian vessel.\n\n#### 15 Appropriate insurance certificate\n\n For the purposes of this Act, an appropriate insurance certificate for a ship is worked out using the following table:\n\n```html\n

Appropriate insurance certificate

If the ship …

the appropriate insurance certificate is …

1

is registered in Australia and is not a government ship

(a) for a ship that is a regulated Australian vessel—a certificate issued under section 18 for the ship; or

(b) for a ship that is not a regulated Australian vessel—a certificate issued under section 18 for the ship, or a certificate issued for the ship under a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to the ship.

2

is registered in a foreign country to which the Bunker Oil Convention applies and is not a government ship

a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of that country.

3

is registered in a foreign country to which the Bunker Oil Convention does not apply and is not a government ship

(a) a certificate issued under section 18 for the ship; or

(b) a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of a foreign country to which the Bunker Oil Convention applies.

4

is owned or operated by the Commonwealth or an authority of the Commonwealth

a certificate issued under section 19 for the ship.

5

is owned or operated by a State or Territory or an authority of a State or Territory

(a) a certificate issued under section 19 for the ship; or

(b) a certificate issued for the ship under a law of the State or Territory stating that the ship is owned or operated by the State or Territory or the authority of the State or Territory and that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

6

is owned or operated by a foreign country or an authority of a foreign country

a certificate issued for the ship by or under the authority of the government of the foreign country stating that:

(a) the ship is owned or operated by the foreign country or the authority of the foreign country; and

(b) the foreign country will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

\n```\n\n### Division 2—Ships must carry insurance certificates\n\n#### 16 Ships must carry insurance certificate when entering or leaving ports in Australia etc.\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship:\n (i) enters or leaves a port in Australia; or\n (ii) arrives at or leaves an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory; and\n (c) at the time the ship does so, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n#### 17 Ships registered in Australia must carry insurance certificate when in operation\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship is registered in Australia; and\n (c) at the time the ship is in operation, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n### Division 3—Insurance certificates\n\n#### Subdivision A—Issue of certificates\n\n#### 18 Issue of certificates for ships other than government ships\n\n Application for certificate\n (1) A person may apply to the Authority for the issue of a certificate for a ship that is registered:\n (a) in Australia; or\n (b) in a foreign country that is not a country to which the Bunker Oil Convention applies.\n Government ships\n (2) This section does not apply to a government ship.\n\n> Note: Section 19 deals with the issue of certificates for certain government ships.\n\n Form of application\n (3) An application must be:\n (a) in accordance with the form approved under subsection (4); and\n (b) accompanied by the fee (if any) prescribed by the regulations for the purposes of this paragraph.\n (4) The Authority must, by writing, approve a form for the purposes of paragraph (3)(a).\n (5) A fee must not be such as to amount to taxation.\n Decision on application\n (6) If the Authority is satisfied that the registered owner of the ship is maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship, it must issue a certificate for the ship.\n (7) If the Authority is not so satisfied, it must refuse to issue a certificate for the ship.\n Form of certificate\n (8) A certificate under this section must be in the form approved under subsection (9).\n (9) The Authority must, by writing, approve a form for the purposes of subsection (8). That form must contain the particulars specified in paragraph 2 of Article 7 of the Bunker Oil Convention, but may contain other particulars.\n Period certificate in force\n (10) A certificate under this section comes into force on the day specified in the certificate.\n\n> Note 1: Paragraph 2 of Article 7 of the Bunker Oil Convention requires the certificate to specify the period of validity of the certificate.\n\n> Note 2: Sections 22 and 23 deal with certificates ceasing to be in force.\n\n Certificate not a legislative instrument\n (11) A certificate issued under this section is not a legislative instrument.\n\n#### 19 Issue of certificates for government ships\n\n Commonwealth ships\n (1) The Authority may issue a certificate, for a ship owned or operated by the Commonwealth or an authority of the Commonwealth, certifying that:\n (a) the ship is owned or operated by the Commonwealth or the authority of the Commonwealth; and\n (b) if the ship is owned or operated by the Commonwealth and the Minister is satisfied that the Commonwealth will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth; and\n (c) if the ship is owned or operated by an authority of the Commonwealth and the Minister is satisfied that the Commonwealth or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth or the authority.\n State or Territory ships\n (2) The Authority may issue a certificate, for a ship owned or operated by a State or a Territory or an authority of a State or Territory, certifying that:\n (a) the ship is owned or operated by the State or Territory or the authority of the State or Territory; and\n (b) if the ship is owned or operated by a State or Territory and the Minister is satisfied that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory; and\n . (c) if the ship is owned or operated by an authority of a State or Territory and the Minister is satisfied that the State or Territory or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory or the authority.\n Form of certificate\n (3) A certificate under this section must be in the form approved under subsection (4).\n (4) The Authority must, by writing, approve a form for the purposes of subsection (3).\n Period certificate in force\n (5) A certificate under this section:\n (a) comes into force on the day specified in the certificate; and\n (b) remains in force for the period specified in the certificate.\n (6) However, if the Commonwealth, the State or the Territory or the authority of the Commonwealth, the State or the Territory ceases to own or operate the ship covered by a certificate under this section, the certificate immediately ceases to be in force.\n Certificate not a legislative instrument\n (7) A certificate issued under this section is not a legislative instrument.\n\n#### Subdivision B—Production of certificates\n\n#### 20 Enforcement officer may require insurance certificate to be produced\n\n (1) An enforcement officer may require the master or other person in charge of a ship to which this Part applies to produce to the officer an appropriate insurance certificate for the ship that is in force if:\n (a) for a ship that is registered in Australia—the ship is in Australia; or\n (b) for any other ship—the ship is at a port in Australia or at an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory.\n Offence\n (2) A person commits an offence if:\n (a) the person is subject to a requirement under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: 20 penalty units.\n\n (3) An offence against subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (4) Subsection (2) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time the requirement under subsection (1) is made; and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### Subdivision C—Detention of ships\n\n#### 21 Enforcement officer may detain ships\n\n (1) An enforcement officer may detain a ship to which this Part applies in a port in Australia if the officer has reasonable grounds to believe that, at the time the ship attempts to leave the port, there is not an appropriate insurance certificate for the ship that is in force.\n (2) The officer may detain the ship until the certificate is produced to the officer or the officer is satisfied that the certificate has been obtained.\n (3) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) an enforcement officer has detained the ship under subsection (1) in a port in Australia; and\n (c) the ship leaves the port while it is under detention.\n\nPenalty: 2,000 penalty units.\n\n (4) An offence against subsection (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (5) An offence against subsection (3) is an indictable offence.\n\n#### Subdivision D—Certificates ceasing to be in force\n\n#### 22 Authority may cancel certificate\n\n (1) The Authority may cancel a certificate issued under section 18 for a ship if it is satisfied that the registered owner of the ship is no longer maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.\n (2) The Authority must give notice of the cancellation to:\n (a) the registered owner of the ship; and\n (b) the master (if any) of the ship; and\n (c) if, when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied—the foreign country.\n (3) The cancellation takes effect on the day specified in the notice of cancellation.\n\n#### 23 When certificate automatically ceases to be in force\n\n Ship registered in Australia\n (1) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in Australia; and\n (b) the ship ceases to be registered in Australia.\n Ship registered in foreign country that is not a Convention country\n (2) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied; and\n (b) the ship ceases to be registered in that country or that country becomes a country to which that Convention applies.\n\n#### Subdivision E—Review of decisions\n\n#### 24 Review of decisions\n\n Applications may be made to the Administrative Review Tribunal for review of the following decisions of the Authority:\n (a) a decision under subsection 18(7) to refuse to issue a certificate;\n (b) a decision under subsection 22(1) to cancel a certificate.\n\n## Part 4—Other matters\n\n#### 24A Responder immunity\n\n (1) Subject to this section, no civil action, suit or proceeding lies against a person in relation to anything done, or omitted to be done, reasonably and in good faith by the person in relation to preventing or minimising pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This section also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n Exceptions\n (2) Subsection (1) does not prevent an action, suit or proceeding from being brought against the shipowner or shipowners concerned (including on the basis of vicarious liability).\n (3) Subsection (1) does not apply in relation to anything done, or omitted to be done:\n (a) with intent to cause damage; or\n (b) recklessly and with knowledge that damage would probably result.\n Scope of section\n (4) Subsection (1) has effect:\n (a) in relation to anything done, or omitted to be done, by:\n (i) a constitutional corporation; or\n (ii) a director, officer, employee or agent of a constitutional corporation in the capacity of such a director, officer, employee or agent; and\n (b) in relation to anything done, or omitted to be done, outside Australia; and\n (c) in relation to anything done, or omitted to be done, in the course of, or in relation to, any of the following:\n (i) trade or commerce between Australia and places outside Australia;\n (ii) trade or commerce among the States;\n (iii) trade or commerce within a Territory, between a State and a Territory or between 2 Territories; and\n (d) in relation to anything done, or omitted to be done, by the Commonwealth or an authority of the Commonwealth.\n (5) For the purposes of paragraph (4)(b), outside Australia means outside the baseline from which the breadth of the territorial sea (within the meaning of the Seas and Submerged Lands Act 1973) is measured under section 7 of that Act.\n\n#### 25 No time limit for prosecution\n\n A prosecution for an offence against this Act may be brought at any time.\n\n#### 26 Submission to jurisdiction\n\n (1) In any proceedings brought in a court in Australia to enforce a claim in respect of a liability incurred under the applied provisions, each foreign country to which the Bunker Oil Convention applies is taken to:\n (a) have submitted to the jurisdiction of that court; and\n (b) have waived any defence based on its status as a sovereign country.\n (2) Nothing in this section permits the levy of execution against the property of such a country.\n\n#### 27 Regulations to give effect to Article 10 of the Bunker Oil Convention\n\n (1) The regulations may make provision for and in relation to giving effect to Article 10 of the Bunker Oil Convention.\n Conferral of jurisdiction\n (2) Regulations made for the purposes of this section may confer jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section.\n (3) Regulations made for the purposes of this section may confer jurisdiction on the Supreme Courts of the States and Territories with respect to matters arising under regulations made for the purposes of this section.\n (4) Any jurisdiction conferred on the Supreme Courts of the Territories is conferred to the extent that the Constitution permits.\n (5) This section does not limit the power of a judge or judges of a court to make rules of court with respect to a matter that is not provided for in regulations made for the purposes of this section.\n Fees\n (6) Regulations made for the purposes of this section may make provision for and in relation to fees payable in respect of matters arising under regulations made for the purposes of this section.\n (7) A fee must not be such as to amount to taxation.\n Interpretation\n (8) Subsections (2), (3) and (6) do not limit subsection (1).\n\n#### 28 Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) An offence against this Act that would otherwise be committed by the partnership is taken to have been committed by each partner who knows or ought reasonably to know that the partnership is the registered owner of the ship concerned.\n (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 29 Treatment of unincorporated associations\n\n (1) This Act applies to an unincorporated association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the association by this Act is imposed on each member of the association’s committee of management instead, but may be discharged by any of the members.\n (3) An offence against this Act that would otherwise be committed by the association is taken to have been committed by each member of the association’s committee of management who knows or ought reasonably to know that the association is the registered owner of the ship concerned.\n\n#### 30 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":28},{"sectionNumber":"20","sectionType":"section","heading":"Enforcement officer may require insurance certificate to be produced","content":"#### 20 Enforcement officer may require insurance certificate to be produced\n\n (1) An enforcement officer may require the master or other person in charge of a ship to which this Part applies to produce to the officer an appropriate insurance certificate for the ship that is in force if:\n (a) for a ship that is registered in Australia—the ship is in Australia; or\n (b) for any other ship—the ship is at a port in Australia or at an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory.\n Offence\n (2) A person commits an offence if:\n (a) the person is subject to a requirement under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: 20 penalty units.\n\n (3) An offence against subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (4) Subsection (2) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time the requirement under subsection (1) is made; and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.","sortOrder":29},{"sectionNumber":"Subdivision C","sectionType":"subdivision","heading":"Detention of ships","content":"An Act to give effect to the International Convention on Civil Liability for Bunker Oil Pollution Damage, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

12 July 2008

2. Sections 3 to 30

The later of:

(a) the day on which this Act receives the Royal Assent; and

(b) the day on which the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001, enters into force for Australia.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

The Minister must announce by notice in the Gazette the day on which the Convention enters into force for Australia.

16 June 2009

(see Gazette
2009, No. GN20)

(paragraph (b) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act:\n\n> applied provisions means the provisions of the Bunker Oil Convention mentioned in section 11 as they have the force of law as part of the law of the Commonwealth.\n\n> appropriate insurance certificate has the meaning given by section 15.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\n> Bunker Oil Convention means:\n\n (a) the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001; or\n (b) if the Convention has been amended by any amendment that has entered into force for Australia—the Convention as so amended.\n\n> Note: In 2008, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> Civil Liability Convention has the same meaning as in the Bunker Oil Convention.\n\n> coastal sea of Australia or an external Territory has the same meaning as in subsection 15B(4) of the Acts Interpretation Act 1901.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> enforcement 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 person included in a class of persons prescribed by the regulations for the purposes of this paragraph.\n\n> government ship means a ship (including a warship) that is owned or operated by:\n\n (a) the Commonwealth, a State, a Territory or a foreign country; or\n (b) an authority of the Commonwealth, a State, a Territory or a foreign country.\n\n> gross tonnage has the same meaning as in the Bunker Oil Convention.\n\n> incident has the same meaning as in the Bunker Oil Convention.\n\n> offshore facility has the same meaning as in the Bunker Oil Convention.\n\n> person has the same meaning as in the Bunker Oil Convention.\n\n> Note: See also sections 28 (partnerships) and 29 (unincorporated associations).\n\n> pollution damage has the same meaning as in the Bunker Oil Convention.\n\n> preventive measures has the same meaning as in the Bunker Oil Convention.\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> registered owner has the same meaning as in the Bunker Oil Convention.\n\n> Secretary‑General has the same meaning as in the Bunker Oil Convention.\n\n> ship has the same meaning as in the Bunker Oil Convention.\n\n> shipowner has the same meaning as in the Bunker Oil Convention.\n\n#### 4 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 5 Extension to external Territories\n\n This Act extends to every external Territory.\n\n#### 6 Extraterritorial application\n\n Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.\n\n## Part 2—Liability under Bunker Oil Convention\n\n### Division 1—Application of Part\n\n#### 7 Application of Part\n\n Subject to this Division, this Part applies to:\n (a) pollution damage occurring in Australia or the exclusive economic zone of Australia; and\n (b) preventive measures, wherever they are taken, to prevent or minimise pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This Part also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n#### 8 Overlap with Civil Liability Convention\n\n This Part does not apply to pollution damage (within the meaning of the Civil Liability Convention), whether or not compensation is payable in respect of the damage under the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 9 Government ships\n\n This Part applies in relation to a government ship only if it is being used for commercial purposes.\n\n#### 10 Relationship with corresponding State or Territory laws\n\n (1) This Part does 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 Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil 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 5 of the Bunker Oil 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### Division 2—Liability for pollution damage\n\n#### 11 Liability for pollution damage\n\n So far as this Part applies, Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil Convention have the force of law as part of the law of the Commonwealth.\n\n> Note 1: Those provisions of the Bunker Oil Convention deal with the liability of shipowners for pollution damage and the making of claims against insurers or persons providing financial security for ships.\n\n> Note 2: The Admiralty Act 1988 deals with the conferral of jurisdiction on courts to hear and determine claims under the applied provisions.\n\n## Part 3—Insurance certificates relating to liability for pollution damage\n\n### Division 1—Introduction\n\n#### 12 Application of Part\n\n (1) Subject to this section, this Part applies to a ship that has a gross tonnage of more than 1,000.\n Overlap with Civil Liability Convention\n (2) This Part does not apply to a ship to which Part III of the Protection of the Sea (Civil Liability) Act 1981 applies.\n Government ships\n (3) This Part applies to a government ship only if it is being used for commercial purposes.\n\n#### 13 Unregistered ships\n\n This Part applies to a ship that is unregistered as if it were registered in the country whose flag the ship is entitled to fly.\n\n#### 14 Concurrent State or Territory laws\n\n This Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to a ship that is not a regulated Australian vessel.\n\n#### 15 Appropriate insurance certificate\n\n For the purposes of this Act, an appropriate insurance certificate for a ship is worked out using the following table:\n\n```html\n

Appropriate insurance certificate

If the ship …

the appropriate insurance certificate is …

1

is registered in Australia and is not a government ship

(a) for a ship that is a regulated Australian vessel—a certificate issued under section 18 for the ship; or

(b) for a ship that is not a regulated Australian vessel—a certificate issued under section 18 for the ship, or a certificate issued for the ship under a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to the ship.

2

is registered in a foreign country to which the Bunker Oil Convention applies and is not a government ship

a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of that country.

3

is registered in a foreign country to which the Bunker Oil Convention does not apply and is not a government ship

(a) a certificate issued under section 18 for the ship; or

(b) a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of a foreign country to which the Bunker Oil Convention applies.

4

is owned or operated by the Commonwealth or an authority of the Commonwealth

a certificate issued under section 19 for the ship.

5

is owned or operated by a State or Territory or an authority of a State or Territory

(a) a certificate issued under section 19 for the ship; or

(b) a certificate issued for the ship under a law of the State or Territory stating that the ship is owned or operated by the State or Territory or the authority of the State or Territory and that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

6

is owned or operated by a foreign country or an authority of a foreign country

a certificate issued for the ship by or under the authority of the government of the foreign country stating that:

(a) the ship is owned or operated by the foreign country or the authority of the foreign country; and

(b) the foreign country will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

\n```\n\n### Division 2—Ships must carry insurance certificates\n\n#### 16 Ships must carry insurance certificate when entering or leaving ports in Australia etc.\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship:\n (i) enters or leaves a port in Australia; or\n (ii) arrives at or leaves an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory; and\n (c) at the time the ship does so, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n#### 17 Ships registered in Australia must carry insurance certificate when in operation\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship is registered in Australia; and\n (c) at the time the ship is in operation, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n### Division 3—Insurance certificates\n\n#### Subdivision A—Issue of certificates\n\n#### 18 Issue of certificates for ships other than government ships\n\n Application for certificate\n (1) A person may apply to the Authority for the issue of a certificate for a ship that is registered:\n (a) in Australia; or\n (b) in a foreign country that is not a country to which the Bunker Oil Convention applies.\n Government ships\n (2) This section does not apply to a government ship.\n\n> Note: Section 19 deals with the issue of certificates for certain government ships.\n\n Form of application\n (3) An application must be:\n (a) in accordance with the form approved under subsection (4); and\n (b) accompanied by the fee (if any) prescribed by the regulations for the purposes of this paragraph.\n (4) The Authority must, by writing, approve a form for the purposes of paragraph (3)(a).\n (5) A fee must not be such as to amount to taxation.\n Decision on application\n (6) If the Authority is satisfied that the registered owner of the ship is maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship, it must issue a certificate for the ship.\n (7) If the Authority is not so satisfied, it must refuse to issue a certificate for the ship.\n Form of certificate\n (8) A certificate under this section must be in the form approved under subsection (9).\n (9) The Authority must, by writing, approve a form for the purposes of subsection (8). That form must contain the particulars specified in paragraph 2 of Article 7 of the Bunker Oil Convention, but may contain other particulars.\n Period certificate in force\n (10) A certificate under this section comes into force on the day specified in the certificate.\n\n> Note 1: Paragraph 2 of Article 7 of the Bunker Oil Convention requires the certificate to specify the period of validity of the certificate.\n\n> Note 2: Sections 22 and 23 deal with certificates ceasing to be in force.\n\n Certificate not a legislative instrument\n (11) A certificate issued under this section is not a legislative instrument.\n\n#### 19 Issue of certificates for government ships\n\n Commonwealth ships\n (1) The Authority may issue a certificate, for a ship owned or operated by the Commonwealth or an authority of the Commonwealth, certifying that:\n (a) the ship is owned or operated by the Commonwealth or the authority of the Commonwealth; and\n (b) if the ship is owned or operated by the Commonwealth and the Minister is satisfied that the Commonwealth will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth; and\n (c) if the ship is owned or operated by an authority of the Commonwealth and the Minister is satisfied that the Commonwealth or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth or the authority.\n State or Territory ships\n (2) The Authority may issue a certificate, for a ship owned or operated by a State or a Territory or an authority of a State or Territory, certifying that:\n (a) the ship is owned or operated by the State or Territory or the authority of the State or Territory; and\n (b) if the ship is owned or operated by a State or Territory and the Minister is satisfied that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory; and\n . (c) if the ship is owned or operated by an authority of a State or Territory and the Minister is satisfied that the State or Territory or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory or the authority.\n Form of certificate\n (3) A certificate under this section must be in the form approved under subsection (4).\n (4) The Authority must, by writing, approve a form for the purposes of subsection (3).\n Period certificate in force\n (5) A certificate under this section:\n (a) comes into force on the day specified in the certificate; and\n (b) remains in force for the period specified in the certificate.\n (6) However, if the Commonwealth, the State or the Territory or the authority of the Commonwealth, the State or the Territory ceases to own or operate the ship covered by a certificate under this section, the certificate immediately ceases to be in force.\n Certificate not a legislative instrument\n (7) A certificate issued under this section is not a legislative instrument.\n\n#### Subdivision B—Production of certificates\n\n#### 20 Enforcement officer may require insurance certificate to be produced\n\n (1) An enforcement officer may require the master or other person in charge of a ship to which this Part applies to produce to the officer an appropriate insurance certificate for the ship that is in force if:\n (a) for a ship that is registered in Australia—the ship is in Australia; or\n (b) for any other ship—the ship is at a port in Australia or at an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory.\n Offence\n (2) A person commits an offence if:\n (a) the person is subject to a requirement under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: 20 penalty units.\n\n (3) An offence against subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (4) Subsection (2) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time the requirement under subsection (1) is made; and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### Subdivision C—Detention of ships\n\n#### 21 Enforcement officer may detain ships\n\n (1) An enforcement officer may detain a ship to which this Part applies in a port in Australia if the officer has reasonable grounds to believe that, at the time the ship attempts to leave the port, there is not an appropriate insurance certificate for the ship that is in force.\n (2) The officer may detain the ship until the certificate is produced to the officer or the officer is satisfied that the certificate has been obtained.\n (3) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) an enforcement officer has detained the ship under subsection (1) in a port in Australia; and\n (c) the ship leaves the port while it is under detention.\n\nPenalty: 2,000 penalty units.\n\n (4) An offence against subsection (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (5) An offence against subsection (3) is an indictable offence.\n\n#### Subdivision D—Certificates ceasing to be in force\n\n#### 22 Authority may cancel certificate\n\n (1) The Authority may cancel a certificate issued under section 18 for a ship if it is satisfied that the registered owner of the ship is no longer maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.\n (2) The Authority must give notice of the cancellation to:\n (a) the registered owner of the ship; and\n (b) the master (if any) of the ship; and\n (c) if, when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied—the foreign country.\n (3) The cancellation takes effect on the day specified in the notice of cancellation.\n\n#### 23 When certificate automatically ceases to be in force\n\n Ship registered in Australia\n (1) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in Australia; and\n (b) the ship ceases to be registered in Australia.\n Ship registered in foreign country that is not a Convention country\n (2) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied; and\n (b) the ship ceases to be registered in that country or that country becomes a country to which that Convention applies.\n\n#### Subdivision E—Review of decisions\n\n#### 24 Review of decisions\n\n Applications may be made to the Administrative Review Tribunal for review of the following decisions of the Authority:\n (a) a decision under subsection 18(7) to refuse to issue a certificate;\n (b) a decision under subsection 22(1) to cancel a certificate.\n\n## Part 4—Other matters\n\n#### 24A Responder immunity\n\n (1) Subject to this section, no civil action, suit or proceeding lies against a person in relation to anything done, or omitted to be done, reasonably and in good faith by the person in relation to preventing or minimising pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This section also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n Exceptions\n (2) Subsection (1) does not prevent an action, suit or proceeding from being brought against the shipowner or shipowners concerned (including on the basis of vicarious liability).\n (3) Subsection (1) does not apply in relation to anything done, or omitted to be done:\n (a) with intent to cause damage; or\n (b) recklessly and with knowledge that damage would probably result.\n Scope of section\n (4) Subsection (1) has effect:\n (a) in relation to anything done, or omitted to be done, by:\n (i) a constitutional corporation; or\n (ii) a director, officer, employee or agent of a constitutional corporation in the capacity of such a director, officer, employee or agent; and\n (b) in relation to anything done, or omitted to be done, outside Australia; and\n (c) in relation to anything done, or omitted to be done, in the course of, or in relation to, any of the following:\n (i) trade or commerce between Australia and places outside Australia;\n (ii) trade or commerce among the States;\n (iii) trade or commerce within a Territory, between a State and a Territory or between 2 Territories; and\n (d) in relation to anything done, or omitted to be done, by the Commonwealth or an authority of the Commonwealth.\n (5) For the purposes of paragraph (4)(b), outside Australia means outside the baseline from which the breadth of the territorial sea (within the meaning of the Seas and Submerged Lands Act 1973) is measured under section 7 of that Act.\n\n#### 25 No time limit for prosecution\n\n A prosecution for an offence against this Act may be brought at any time.\n\n#### 26 Submission to jurisdiction\n\n (1) In any proceedings brought in a court in Australia to enforce a claim in respect of a liability incurred under the applied provisions, each foreign country to which the Bunker Oil Convention applies is taken to:\n (a) have submitted to the jurisdiction of that court; and\n (b) have waived any defence based on its status as a sovereign country.\n (2) Nothing in this section permits the levy of execution against the property of such a country.\n\n#### 27 Regulations to give effect to Article 10 of the Bunker Oil Convention\n\n (1) The regulations may make provision for and in relation to giving effect to Article 10 of the Bunker Oil Convention.\n Conferral of jurisdiction\n (2) Regulations made for the purposes of this section may confer jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section.\n (3) Regulations made for the purposes of this section may confer jurisdiction on the Supreme Courts of the States and Territories with respect to matters arising under regulations made for the purposes of this section.\n (4) Any jurisdiction conferred on the Supreme Courts of the Territories is conferred to the extent that the Constitution permits.\n (5) This section does not limit the power of a judge or judges of a court to make rules of court with respect to a matter that is not provided for in regulations made for the purposes of this section.\n Fees\n (6) Regulations made for the purposes of this section may make provision for and in relation to fees payable in respect of matters arising under regulations made for the purposes of this section.\n (7) A fee must not be such as to amount to taxation.\n Interpretation\n (8) Subsections (2), (3) and (6) do not limit subsection (1).\n\n#### 28 Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) An offence against this Act that would otherwise be committed by the partnership is taken to have been committed by each partner who knows or ought reasonably to know that the partnership is the registered owner of the ship concerned.\n (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 29 Treatment of unincorporated associations\n\n (1) This Act applies to an unincorporated association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the association by this Act is imposed on each member of the association’s committee of management instead, but may be discharged by any of the members.\n (3) An offence against this Act that would otherwise be committed by the association is taken to have been committed by each member of the association’s committee of management who knows or ought reasonably to know that the association is the registered owner of the ship concerned.\n\n#### 30 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":30},{"sectionNumber":"21","sectionType":"section","heading":"Enforcement officer may detain ships","content":"#### 21 Enforcement officer may detain ships\n\n (1) An enforcement officer may detain a ship to which this Part applies in a port in Australia if the officer has reasonable grounds to believe that, at the time the ship attempts to leave the port, there is not an appropriate insurance certificate for the ship that is in force.\n (2) The officer may detain the ship until the certificate is produced to the officer or the officer is satisfied that the certificate has been obtained.\n (3) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) an enforcement officer has detained the ship under subsection (1) in a port in Australia; and\n (c) the ship leaves the port while it is under detention.\n\nPenalty: 2,000 penalty units.\n\n (4) An offence against subsection (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (5) An offence against subsection (3) is an indictable offence.","sortOrder":31},{"sectionNumber":"Subdivision D","sectionType":"subdivision","heading":"Certificates ceasing to be in force","content":"An Act to give effect to the International Convention on Civil Liability for Bunker Oil Pollution Damage, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

12 July 2008

2. Sections 3 to 30

The later of:

(a) the day on which this Act receives the Royal Assent; and

(b) the day on which the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001, enters into force for Australia.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

The Minister must announce by notice in the Gazette the day on which the Convention enters into force for Australia.

16 June 2009

(see Gazette
2009, No. GN20)

(paragraph (b) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act:\n\n> applied provisions means the provisions of the Bunker Oil Convention mentioned in section 11 as they have the force of law as part of the law of the Commonwealth.\n\n> appropriate insurance certificate has the meaning given by section 15.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\n> Bunker Oil Convention means:\n\n (a) the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001; or\n (b) if the Convention has been amended by any amendment that has entered into force for Australia—the Convention as so amended.\n\n> Note: In 2008, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> Civil Liability Convention has the same meaning as in the Bunker Oil Convention.\n\n> coastal sea of Australia or an external Territory has the same meaning as in subsection 15B(4) of the Acts Interpretation Act 1901.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> enforcement 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 person included in a class of persons prescribed by the regulations for the purposes of this paragraph.\n\n> government ship means a ship (including a warship) that is owned or operated by:\n\n (a) the Commonwealth, a State, a Territory or a foreign country; or\n (b) an authority of the Commonwealth, a State, a Territory or a foreign country.\n\n> gross tonnage has the same meaning as in the Bunker Oil Convention.\n\n> incident has the same meaning as in the Bunker Oil Convention.\n\n> offshore facility has the same meaning as in the Bunker Oil Convention.\n\n> person has the same meaning as in the Bunker Oil Convention.\n\n> Note: See also sections 28 (partnerships) and 29 (unincorporated associations).\n\n> pollution damage has the same meaning as in the Bunker Oil Convention.\n\n> preventive measures has the same meaning as in the Bunker Oil Convention.\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> registered owner has the same meaning as in the Bunker Oil Convention.\n\n> Secretary‑General has the same meaning as in the Bunker Oil Convention.\n\n> ship has the same meaning as in the Bunker Oil Convention.\n\n> shipowner has the same meaning as in the Bunker Oil Convention.\n\n#### 4 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 5 Extension to external Territories\n\n This Act extends to every external Territory.\n\n#### 6 Extraterritorial application\n\n Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.\n\n## Part 2—Liability under Bunker Oil Convention\n\n### Division 1—Application of Part\n\n#### 7 Application of Part\n\n Subject to this Division, this Part applies to:\n (a) pollution damage occurring in Australia or the exclusive economic zone of Australia; and\n (b) preventive measures, wherever they are taken, to prevent or minimise pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This Part also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n#### 8 Overlap with Civil Liability Convention\n\n This Part does not apply to pollution damage (within the meaning of the Civil Liability Convention), whether or not compensation is payable in respect of the damage under the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 9 Government ships\n\n This Part applies in relation to a government ship only if it is being used for commercial purposes.\n\n#### 10 Relationship with corresponding State or Territory laws\n\n (1) This Part does 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 Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil 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 5 of the Bunker Oil 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### Division 2—Liability for pollution damage\n\n#### 11 Liability for pollution damage\n\n So far as this Part applies, Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil Convention have the force of law as part of the law of the Commonwealth.\n\n> Note 1: Those provisions of the Bunker Oil Convention deal with the liability of shipowners for pollution damage and the making of claims against insurers or persons providing financial security for ships.\n\n> Note 2: The Admiralty Act 1988 deals with the conferral of jurisdiction on courts to hear and determine claims under the applied provisions.\n\n## Part 3—Insurance certificates relating to liability for pollution damage\n\n### Division 1—Introduction\n\n#### 12 Application of Part\n\n (1) Subject to this section, this Part applies to a ship that has a gross tonnage of more than 1,000.\n Overlap with Civil Liability Convention\n (2) This Part does not apply to a ship to which Part III of the Protection of the Sea (Civil Liability) Act 1981 applies.\n Government ships\n (3) This Part applies to a government ship only if it is being used for commercial purposes.\n\n#### 13 Unregistered ships\n\n This Part applies to a ship that is unregistered as if it were registered in the country whose flag the ship is entitled to fly.\n\n#### 14 Concurrent State or Territory laws\n\n This Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to a ship that is not a regulated Australian vessel.\n\n#### 15 Appropriate insurance certificate\n\n For the purposes of this Act, an appropriate insurance certificate for a ship is worked out using the following table:\n\n```html\n

Appropriate insurance certificate

If the ship …

the appropriate insurance certificate is …

1

is registered in Australia and is not a government ship

(a) for a ship that is a regulated Australian vessel—a certificate issued under section 18 for the ship; or

(b) for a ship that is not a regulated Australian vessel—a certificate issued under section 18 for the ship, or a certificate issued for the ship under a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to the ship.

2

is registered in a foreign country to which the Bunker Oil Convention applies and is not a government ship

a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of that country.

3

is registered in a foreign country to which the Bunker Oil Convention does not apply and is not a government ship

(a) a certificate issued under section 18 for the ship; or

(b) a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of a foreign country to which the Bunker Oil Convention applies.

4

is owned or operated by the Commonwealth or an authority of the Commonwealth

a certificate issued under section 19 for the ship.

5

is owned or operated by a State or Territory or an authority of a State or Territory

(a) a certificate issued under section 19 for the ship; or

(b) a certificate issued for the ship under a law of the State or Territory stating that the ship is owned or operated by the State or Territory or the authority of the State or Territory and that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

6

is owned or operated by a foreign country or an authority of a foreign country

a certificate issued for the ship by or under the authority of the government of the foreign country stating that:

(a) the ship is owned or operated by the foreign country or the authority of the foreign country; and

(b) the foreign country will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

\n```\n\n### Division 2—Ships must carry insurance certificates\n\n#### 16 Ships must carry insurance certificate when entering or leaving ports in Australia etc.\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship:\n (i) enters or leaves a port in Australia; or\n (ii) arrives at or leaves an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory; and\n (c) at the time the ship does so, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n#### 17 Ships registered in Australia must carry insurance certificate when in operation\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship is registered in Australia; and\n (c) at the time the ship is in operation, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n### Division 3—Insurance certificates\n\n#### Subdivision A—Issue of certificates\n\n#### 18 Issue of certificates for ships other than government ships\n\n Application for certificate\n (1) A person may apply to the Authority for the issue of a certificate for a ship that is registered:\n (a) in Australia; or\n (b) in a foreign country that is not a country to which the Bunker Oil Convention applies.\n Government ships\n (2) This section does not apply to a government ship.\n\n> Note: Section 19 deals with the issue of certificates for certain government ships.\n\n Form of application\n (3) An application must be:\n (a) in accordance with the form approved under subsection (4); and\n (b) accompanied by the fee (if any) prescribed by the regulations for the purposes of this paragraph.\n (4) The Authority must, by writing, approve a form for the purposes of paragraph (3)(a).\n (5) A fee must not be such as to amount to taxation.\n Decision on application\n (6) If the Authority is satisfied that the registered owner of the ship is maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship, it must issue a certificate for the ship.\n (7) If the Authority is not so satisfied, it must refuse to issue a certificate for the ship.\n Form of certificate\n (8) A certificate under this section must be in the form approved under subsection (9).\n (9) The Authority must, by writing, approve a form for the purposes of subsection (8). That form must contain the particulars specified in paragraph 2 of Article 7 of the Bunker Oil Convention, but may contain other particulars.\n Period certificate in force\n (10) A certificate under this section comes into force on the day specified in the certificate.\n\n> Note 1: Paragraph 2 of Article 7 of the Bunker Oil Convention requires the certificate to specify the period of validity of the certificate.\n\n> Note 2: Sections 22 and 23 deal with certificates ceasing to be in force.\n\n Certificate not a legislative instrument\n (11) A certificate issued under this section is not a legislative instrument.\n\n#### 19 Issue of certificates for government ships\n\n Commonwealth ships\n (1) The Authority may issue a certificate, for a ship owned or operated by the Commonwealth or an authority of the Commonwealth, certifying that:\n (a) the ship is owned or operated by the Commonwealth or the authority of the Commonwealth; and\n (b) if the ship is owned or operated by the Commonwealth and the Minister is satisfied that the Commonwealth will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth; and\n (c) if the ship is owned or operated by an authority of the Commonwealth and the Minister is satisfied that the Commonwealth or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth or the authority.\n State or Territory ships\n (2) The Authority may issue a certificate, for a ship owned or operated by a State or a Territory or an authority of a State or Territory, certifying that:\n (a) the ship is owned or operated by the State or Territory or the authority of the State or Territory; and\n (b) if the ship is owned or operated by a State or Territory and the Minister is satisfied that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory; and\n . (c) if the ship is owned or operated by an authority of a State or Territory and the Minister is satisfied that the State or Territory or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory or the authority.\n Form of certificate\n (3) A certificate under this section must be in the form approved under subsection (4).\n (4) The Authority must, by writing, approve a form for the purposes of subsection (3).\n Period certificate in force\n (5) A certificate under this section:\n (a) comes into force on the day specified in the certificate; and\n (b) remains in force for the period specified in the certificate.\n (6) However, if the Commonwealth, the State or the Territory or the authority of the Commonwealth, the State or the Territory ceases to own or operate the ship covered by a certificate under this section, the certificate immediately ceases to be in force.\n Certificate not a legislative instrument\n (7) A certificate issued under this section is not a legislative instrument.\n\n#### Subdivision B—Production of certificates\n\n#### 20 Enforcement officer may require insurance certificate to be produced\n\n (1) An enforcement officer may require the master or other person in charge of a ship to which this Part applies to produce to the officer an appropriate insurance certificate for the ship that is in force if:\n (a) for a ship that is registered in Australia—the ship is in Australia; or\n (b) for any other ship—the ship is at a port in Australia or at an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory.\n Offence\n (2) A person commits an offence if:\n (a) the person is subject to a requirement under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: 20 penalty units.\n\n (3) An offence against subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (4) Subsection (2) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time the requirement under subsection (1) is made; and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### Subdivision C—Detention of ships\n\n#### 21 Enforcement officer may detain ships\n\n (1) An enforcement officer may detain a ship to which this Part applies in a port in Australia if the officer has reasonable grounds to believe that, at the time the ship attempts to leave the port, there is not an appropriate insurance certificate for the ship that is in force.\n (2) The officer may detain the ship until the certificate is produced to the officer or the officer is satisfied that the certificate has been obtained.\n (3) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) an enforcement officer has detained the ship under subsection (1) in a port in Australia; and\n (c) the ship leaves the port while it is under detention.\n\nPenalty: 2,000 penalty units.\n\n (4) An offence against subsection (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (5) An offence against subsection (3) is an indictable offence.\n\n#### Subdivision D—Certificates ceasing to be in force\n\n#### 22 Authority may cancel certificate\n\n (1) The Authority may cancel a certificate issued under section 18 for a ship if it is satisfied that the registered owner of the ship is no longer maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.\n (2) The Authority must give notice of the cancellation to:\n (a) the registered owner of the ship; and\n (b) the master (if any) of the ship; and\n (c) if, when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied—the foreign country.\n (3) The cancellation takes effect on the day specified in the notice of cancellation.\n\n#### 23 When certificate automatically ceases to be in force\n\n Ship registered in Australia\n (1) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in Australia; and\n (b) the ship ceases to be registered in Australia.\n Ship registered in foreign country that is not a Convention country\n (2) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied; and\n (b) the ship ceases to be registered in that country or that country becomes a country to which that Convention applies.\n\n#### Subdivision E—Review of decisions\n\n#### 24 Review of decisions\n\n Applications may be made to the Administrative Review Tribunal for review of the following decisions of the Authority:\n (a) a decision under subsection 18(7) to refuse to issue a certificate;\n (b) a decision under subsection 22(1) to cancel a certificate.\n\n## Part 4—Other matters\n\n#### 24A Responder immunity\n\n (1) Subject to this section, no civil action, suit or proceeding lies against a person in relation to anything done, or omitted to be done, reasonably and in good faith by the person in relation to preventing or minimising pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This section also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n Exceptions\n (2) Subsection (1) does not prevent an action, suit or proceeding from being brought against the shipowner or shipowners concerned (including on the basis of vicarious liability).\n (3) Subsection (1) does not apply in relation to anything done, or omitted to be done:\n (a) with intent to cause damage; or\n (b) recklessly and with knowledge that damage would probably result.\n Scope of section\n (4) Subsection (1) has effect:\n (a) in relation to anything done, or omitted to be done, by:\n (i) a constitutional corporation; or\n (ii) a director, officer, employee or agent of a constitutional corporation in the capacity of such a director, officer, employee or agent; and\n (b) in relation to anything done, or omitted to be done, outside Australia; and\n (c) in relation to anything done, or omitted to be done, in the course of, or in relation to, any of the following:\n (i) trade or commerce between Australia and places outside Australia;\n (ii) trade or commerce among the States;\n (iii) trade or commerce within a Territory, between a State and a Territory or between 2 Territories; and\n (d) in relation to anything done, or omitted to be done, by the Commonwealth or an authority of the Commonwealth.\n (5) For the purposes of paragraph (4)(b), outside Australia means outside the baseline from which the breadth of the territorial sea (within the meaning of the Seas and Submerged Lands Act 1973) is measured under section 7 of that Act.\n\n#### 25 No time limit for prosecution\n\n A prosecution for an offence against this Act may be brought at any time.\n\n#### 26 Submission to jurisdiction\n\n (1) In any proceedings brought in a court in Australia to enforce a claim in respect of a liability incurred under the applied provisions, each foreign country to which the Bunker Oil Convention applies is taken to:\n (a) have submitted to the jurisdiction of that court; and\n (b) have waived any defence based on its status as a sovereign country.\n (2) Nothing in this section permits the levy of execution against the property of such a country.\n\n#### 27 Regulations to give effect to Article 10 of the Bunker Oil Convention\n\n (1) The regulations may make provision for and in relation to giving effect to Article 10 of the Bunker Oil Convention.\n Conferral of jurisdiction\n (2) Regulations made for the purposes of this section may confer jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section.\n (3) Regulations made for the purposes of this section may confer jurisdiction on the Supreme Courts of the States and Territories with respect to matters arising under regulations made for the purposes of this section.\n (4) Any jurisdiction conferred on the Supreme Courts of the Territories is conferred to the extent that the Constitution permits.\n (5) This section does not limit the power of a judge or judges of a court to make rules of court with respect to a matter that is not provided for in regulations made for the purposes of this section.\n Fees\n (6) Regulations made for the purposes of this section may make provision for and in relation to fees payable in respect of matters arising under regulations made for the purposes of this section.\n (7) A fee must not be such as to amount to taxation.\n Interpretation\n (8) Subsections (2), (3) and (6) do not limit subsection (1).\n\n#### 28 Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) An offence against this Act that would otherwise be committed by the partnership is taken to have been committed by each partner who knows or ought reasonably to know that the partnership is the registered owner of the ship concerned.\n (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 29 Treatment of unincorporated associations\n\n (1) This Act applies to an unincorporated association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the association by this Act is imposed on each member of the association’s committee of management instead, but may be discharged by any of the members.\n (3) An offence against this Act that would otherwise be committed by the association is taken to have been committed by each member of the association’s committee of management who knows or ought reasonably to know that the association is the registered owner of the ship concerned.\n\n#### 30 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":32},{"sectionNumber":"22","sectionType":"section","heading":"Authority may cancel certificate","content":"#### 22 Authority may cancel certificate\n\n (1) The Authority may cancel a certificate issued under section 18 for a ship if it is satisfied that the registered owner of the ship is no longer maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.\n (2) The Authority must give notice of the cancellation to:\n (a) the registered owner of the ship; and\n (b) the master (if any) of the ship; and\n (c) if, when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied—the foreign country.\n (3) The cancellation takes effect on the day specified in the notice of cancellation.","sortOrder":33},{"sectionNumber":"23","sectionType":"section","heading":"When certificate automatically ceases to be in force","content":"#### 23 When certificate automatically ceases to be in force\n\n Ship registered in Australia\n (1) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in Australia; and\n (b) the ship ceases to be registered in Australia.\n Ship registered in foreign country that is not a Convention country\n (2) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied; and\n (b) the ship ceases to be registered in that country or that country becomes a country to which that Convention applies.","sortOrder":34},{"sectionNumber":"Subdivision E","sectionType":"subdivision","heading":"Review of decisions","content":"An Act to give effect to the International Convention on Civil Liability for Bunker Oil Pollution Damage, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

12 July 2008

2. Sections 3 to 30

The later of:

(a) the day on which this Act receives the Royal Assent; and

(b) the day on which the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001, enters into force for Australia.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

The Minister must announce by notice in the Gazette the day on which the Convention enters into force for Australia.

16 June 2009

(see Gazette
2009, No. GN20)

(paragraph (b) applies)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act:\n\n> applied provisions means the provisions of the Bunker Oil Convention mentioned in section 11 as they have the force of law as part of the law of the Commonwealth.\n\n> appropriate insurance certificate has the meaning given by section 15.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\n> Bunker Oil Convention means:\n\n (a) the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, done at London on 23 March 2001; or\n (b) if the Convention has been amended by any amendment that has entered into force for Australia—the Convention as so amended.\n\n> Note: In 2008, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n> Civil Liability Convention has the same meaning as in the Bunker Oil Convention.\n\n> coastal sea of Australia or an external Territory has the same meaning as in subsection 15B(4) of the Acts Interpretation Act 1901.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> enforcement 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 person included in a class of persons prescribed by the regulations for the purposes of this paragraph.\n\n> government ship means a ship (including a warship) that is owned or operated by:\n\n (a) the Commonwealth, a State, a Territory or a foreign country; or\n (b) an authority of the Commonwealth, a State, a Territory or a foreign country.\n\n> gross tonnage has the same meaning as in the Bunker Oil Convention.\n\n> incident has the same meaning as in the Bunker Oil Convention.\n\n> offshore facility has the same meaning as in the Bunker Oil Convention.\n\n> person has the same meaning as in the Bunker Oil Convention.\n\n> Note: See also sections 28 (partnerships) and 29 (unincorporated associations).\n\n> pollution damage has the same meaning as in the Bunker Oil Convention.\n\n> preventive measures has the same meaning as in the Bunker Oil Convention.\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> registered owner has the same meaning as in the Bunker Oil Convention.\n\n> Secretary‑General has the same meaning as in the Bunker Oil Convention.\n\n> ship has the same meaning as in the Bunker Oil Convention.\n\n> shipowner has the same meaning as in the Bunker Oil Convention.\n\n#### 4 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 5 Extension to external Territories\n\n This Act extends to every external Territory.\n\n#### 6 Extraterritorial application\n\n Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.\n\n## Part 2—Liability under Bunker Oil Convention\n\n### Division 1—Application of Part\n\n#### 7 Application of Part\n\n Subject to this Division, this Part applies to:\n (a) pollution damage occurring in Australia or the exclusive economic zone of Australia; and\n (b) preventive measures, wherever they are taken, to prevent or minimise pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This Part also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n#### 8 Overlap with Civil Liability Convention\n\n This Part does not apply to pollution damage (within the meaning of the Civil Liability Convention), whether or not compensation is payable in respect of the damage under the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 9 Government ships\n\n This Part applies in relation to a government ship only if it is being used for commercial purposes.\n\n#### 10 Relationship with corresponding State or Territory laws\n\n (1) This Part does 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 Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil 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 5 of the Bunker Oil 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### Division 2—Liability for pollution damage\n\n#### 11 Liability for pollution damage\n\n So far as this Part applies, Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil Convention have the force of law as part of the law of the Commonwealth.\n\n> Note 1: Those provisions of the Bunker Oil Convention deal with the liability of shipowners for pollution damage and the making of claims against insurers or persons providing financial security for ships.\n\n> Note 2: The Admiralty Act 1988 deals with the conferral of jurisdiction on courts to hear and determine claims under the applied provisions.\n\n## Part 3—Insurance certificates relating to liability for pollution damage\n\n### Division 1—Introduction\n\n#### 12 Application of Part\n\n (1) Subject to this section, this Part applies to a ship that has a gross tonnage of more than 1,000.\n Overlap with Civil Liability Convention\n (2) This Part does not apply to a ship to which Part III of the Protection of the Sea (Civil Liability) Act 1981 applies.\n Government ships\n (3) This Part applies to a government ship only if it is being used for commercial purposes.\n\n#### 13 Unregistered ships\n\n This Part applies to a ship that is unregistered as if it were registered in the country whose flag the ship is entitled to fly.\n\n#### 14 Concurrent State or Territory laws\n\n This Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to a ship that is not a regulated Australian vessel.\n\n#### 15 Appropriate insurance certificate\n\n For the purposes of this Act, an appropriate insurance certificate for a ship is worked out using the following table:\n\n```html\n

Appropriate insurance certificate

If the ship …

the appropriate insurance certificate is …

1

is registered in Australia and is not a government ship

(a) for a ship that is a regulated Australian vessel—a certificate issued under section 18 for the ship; or

(b) for a ship that is not a regulated Australian vessel—a certificate issued under section 18 for the ship, or a certificate issued for the ship under a law of a State or Territory that gives effect to paragraphs 1, 2 and 4 of Article 7 of the Bunker Oil Convention in relation to the ship.

2

is registered in a foreign country to which the Bunker Oil Convention applies and is not a government ship

a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of that country.

3

is registered in a foreign country to which the Bunker Oil Convention does not apply and is not a government ship

(a) a certificate issued under section 18 for the ship; or

(b) a certificate issued for the ship, for the purposes of Article 7 of the Bunker Oil Convention, by or under the authority of the government of a foreign country to which the Bunker Oil Convention applies.

4

is owned or operated by the Commonwealth or an authority of the Commonwealth

a certificate issued under section 19 for the ship.

5

is owned or operated by a State or Territory or an authority of a State or Territory

(a) a certificate issued under section 19 for the ship; or

(b) a certificate issued for the ship under a law of the State or Territory stating that the ship is owned or operated by the State or Territory or the authority of the State or Territory and that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

6

is owned or operated by a foreign country or an authority of a foreign country

a certificate issued for the ship by or under the authority of the government of the foreign country stating that:

(a) the ship is owned or operated by the foreign country or the authority of the foreign country; and

(b) the foreign country will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.

\n```\n\n### Division 2—Ships must carry insurance certificates\n\n#### 16 Ships must carry insurance certificate when entering or leaving ports in Australia etc.\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship:\n (i) enters or leaves a port in Australia; or\n (ii) arrives at or leaves an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory; and\n (c) at the time the ship does so, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n#### 17 Ships registered in Australia must carry insurance certificate when in operation\n\n (1) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) the ship is registered in Australia; and\n (c) at the time the ship is in operation, the ship does not have on board an appropriate insurance certificate for the ship that is in force.\n\nPenalty: 500 penalty units.\n\n (2) An offence against subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (3) Subsection (1) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.\n\n (4) An offence against subsection (1) is an indictable offence.\n\n### Division 3—Insurance certificates\n\n#### Subdivision A—Issue of certificates\n\n#### 18 Issue of certificates for ships other than government ships\n\n Application for certificate\n (1) A person may apply to the Authority for the issue of a certificate for a ship that is registered:\n (a) in Australia; or\n (b) in a foreign country that is not a country to which the Bunker Oil Convention applies.\n Government ships\n (2) This section does not apply to a government ship.\n\n> Note: Section 19 deals with the issue of certificates for certain government ships.\n\n Form of application\n (3) An application must be:\n (a) in accordance with the form approved under subsection (4); and\n (b) accompanied by the fee (if any) prescribed by the regulations for the purposes of this paragraph.\n (4) The Authority must, by writing, approve a form for the purposes of paragraph (3)(a).\n (5) A fee must not be such as to amount to taxation.\n Decision on application\n (6) If the Authority is satisfied that the registered owner of the ship is maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship, it must issue a certificate for the ship.\n (7) If the Authority is not so satisfied, it must refuse to issue a certificate for the ship.\n Form of certificate\n (8) A certificate under this section must be in the form approved under subsection (9).\n (9) The Authority must, by writing, approve a form for the purposes of subsection (8). That form must contain the particulars specified in paragraph 2 of Article 7 of the Bunker Oil Convention, but may contain other particulars.\n Period certificate in force\n (10) A certificate under this section comes into force on the day specified in the certificate.\n\n> Note 1: Paragraph 2 of Article 7 of the Bunker Oil Convention requires the certificate to specify the period of validity of the certificate.\n\n> Note 2: Sections 22 and 23 deal with certificates ceasing to be in force.\n\n Certificate not a legislative instrument\n (11) A certificate issued under this section is not a legislative instrument.\n\n#### 19 Issue of certificates for government ships\n\n Commonwealth ships\n (1) The Authority may issue a certificate, for a ship owned or operated by the Commonwealth or an authority of the Commonwealth, certifying that:\n (a) the ship is owned or operated by the Commonwealth or the authority of the Commonwealth; and\n (b) if the ship is owned or operated by the Commonwealth and the Minister is satisfied that the Commonwealth will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth; and\n (c) if the ship is owned or operated by an authority of the Commonwealth and the Minister is satisfied that the Commonwealth or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the Commonwealth or the authority.\n State or Territory ships\n (2) The Authority may issue a certificate, for a ship owned or operated by a State or a Territory or an authority of a State or Territory, certifying that:\n (a) the ship is owned or operated by the State or Territory or the authority of the State or Territory; and\n (b) if the ship is owned or operated by a State or Territory and the Minister is satisfied that the State or Territory will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory; and\n . (c) if the ship is owned or operated by an authority of a State or Territory and the Minister is satisfied that the State or Territory or the authority will meet any liability for pollution damage up to the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship—any such liability will be met by the State or Territory or the authority.\n Form of certificate\n (3) A certificate under this section must be in the form approved under subsection (4).\n (4) The Authority must, by writing, approve a form for the purposes of subsection (3).\n Period certificate in force\n (5) A certificate under this section:\n (a) comes into force on the day specified in the certificate; and\n (b) remains in force for the period specified in the certificate.\n (6) However, if the Commonwealth, the State or the Territory or the authority of the Commonwealth, the State or the Territory ceases to own or operate the ship covered by a certificate under this section, the certificate immediately ceases to be in force.\n Certificate not a legislative instrument\n (7) A certificate issued under this section is not a legislative instrument.\n\n#### Subdivision B—Production of certificates\n\n#### 20 Enforcement officer may require insurance certificate to be produced\n\n (1) An enforcement officer may require the master or other person in charge of a ship to which this Part applies to produce to the officer an appropriate insurance certificate for the ship that is in force if:\n (a) for a ship that is registered in Australia—the ship is in Australia; or\n (b) for any other ship—the ship is at a port in Australia or at an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory.\n Offence\n (2) A person commits an offence if:\n (a) the person is subject to a requirement under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: 20 penalty units.\n\n (3) An offence against subsection (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (4) Subsection (2) does not apply if:\n (a) an appropriate insurance certificate for the ship is in force at the time the requirement under subsection (1) is made; and\n (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and\n (c) the records are accessible to all countries to which the Bunker Oil Convention applies.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### Subdivision C—Detention of ships\n\n#### 21 Enforcement officer may detain ships\n\n (1) An enforcement officer may detain a ship to which this Part applies in a port in Australia if the officer has reasonable grounds to believe that, at the time the ship attempts to leave the port, there is not an appropriate insurance certificate for the ship that is in force.\n (2) The officer may detain the ship until the certificate is produced to the officer or the officer is satisfied that the certificate has been obtained.\n (3) A person commits an offence if:\n (a) the person is the registered owner or master of a ship to which this Part applies; and\n (b) an enforcement officer has detained the ship under subsection (1) in a port in Australia; and\n (c) the ship leaves the port while it is under detention.\n\nPenalty: 2,000 penalty units.\n\n (4) An offence against subsection (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n (5) An offence against subsection (3) is an indictable offence.\n\n#### Subdivision D—Certificates ceasing to be in force\n\n#### 22 Authority may cancel certificate\n\n (1) The Authority may cancel a certificate issued under section 18 for a ship if it is satisfied that the registered owner of the ship is no longer maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship.\n (2) The Authority must give notice of the cancellation to:\n (a) the registered owner of the ship; and\n (b) the master (if any) of the ship; and\n (c) if, when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied—the foreign country.\n (3) The cancellation takes effect on the day specified in the notice of cancellation.\n\n#### 23 When certificate automatically ceases to be in force\n\n Ship registered in Australia\n (1) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in Australia; and\n (b) the ship ceases to be registered in Australia.\n Ship registered in foreign country that is not a Convention country\n (2) A certificate issued under section 18 for a ship immediately ceases to be in force if:\n (a) when the certificate was issued, the ship was registered in a foreign country that was not a country to which the Bunker Oil Convention applied; and\n (b) the ship ceases to be registered in that country or that country becomes a country to which that Convention applies.\n\n#### Subdivision E—Review of decisions\n\n#### 24 Review of decisions\n\n Applications may be made to the Administrative Review Tribunal for review of the following decisions of the Authority:\n (a) a decision under subsection 18(7) to refuse to issue a certificate;\n (b) a decision under subsection 22(1) to cancel a certificate.\n\n## Part 4—Other matters\n\n#### 24A Responder immunity\n\n (1) Subject to this section, no civil action, suit or proceeding lies against a person in relation to anything done, or omitted to be done, reasonably and in good faith by the person in relation to preventing or minimising pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This section also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n Exceptions\n (2) Subsection (1) does not prevent an action, suit or proceeding from being brought against the shipowner or shipowners concerned (including on the basis of vicarious liability).\n (3) Subsection (1) does not apply in relation to anything done, or omitted to be done:\n (a) with intent to cause damage; or\n (b) recklessly and with knowledge that damage would probably result.\n Scope of section\n (4) Subsection (1) has effect:\n (a) in relation to anything done, or omitted to be done, by:\n (i) a constitutional corporation; or\n (ii) a director, officer, employee or agent of a constitutional corporation in the capacity of such a director, officer, employee or agent; and\n (b) in relation to anything done, or omitted to be done, outside Australia; and\n (c) in relation to anything done, or omitted to be done, in the course of, or in relation to, any of the following:\n (i) trade or commerce between Australia and places outside Australia;\n (ii) trade or commerce among the States;\n (iii) trade or commerce within a Territory, between a State and a Territory or between 2 Territories; and\n (d) in relation to anything done, or omitted to be done, by the Commonwealth or an authority of the Commonwealth.\n (5) For the purposes of paragraph (4)(b), outside Australia means outside the baseline from which the breadth of the territorial sea (within the meaning of the Seas and Submerged Lands Act 1973) is measured under section 7 of that Act.\n\n#### 25 No time limit for prosecution\n\n A prosecution for an offence against this Act may be brought at any time.\n\n#### 26 Submission to jurisdiction\n\n (1) In any proceedings brought in a court in Australia to enforce a claim in respect of a liability incurred under the applied provisions, each foreign country to which the Bunker Oil Convention applies is taken to:\n (a) have submitted to the jurisdiction of that court; and\n (b) have waived any defence based on its status as a sovereign country.\n (2) Nothing in this section permits the levy of execution against the property of such a country.\n\n#### 27 Regulations to give effect to Article 10 of the Bunker Oil Convention\n\n (1) The regulations may make provision for and in relation to giving effect to Article 10 of the Bunker Oil Convention.\n Conferral of jurisdiction\n (2) Regulations made for the purposes of this section may confer jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section.\n (3) Regulations made for the purposes of this section may confer jurisdiction on the Supreme Courts of the States and Territories with respect to matters arising under regulations made for the purposes of this section.\n (4) Any jurisdiction conferred on the Supreme Courts of the Territories is conferred to the extent that the Constitution permits.\n (5) This section does not limit the power of a judge or judges of a court to make rules of court with respect to a matter that is not provided for in regulations made for the purposes of this section.\n Fees\n (6) Regulations made for the purposes of this section may make provision for and in relation to fees payable in respect of matters arising under regulations made for the purposes of this section.\n (7) A fee must not be such as to amount to taxation.\n Interpretation\n (8) Subsections (2), (3) and (6) do not limit subsection (1).\n\n#### 28 Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) An offence against this Act that would otherwise be committed by the partnership is taken to have been committed by each partner who knows or ought reasonably to know that the partnership is the registered owner of the ship concerned.\n (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 29 Treatment of unincorporated associations\n\n (1) This Act applies to an unincorporated association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the association by this Act is imposed on each member of the association’s committee of management instead, but may be discharged by any of the members.\n (3) An offence against this Act that would otherwise be committed by the association is taken to have been committed by each member of the association’s committee of management who knows or ought reasonably to know that the association is the registered owner of the ship concerned.\n\n#### 30 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":35},{"sectionNumber":"24","sectionType":"section","heading":"Review of decisions","content":"#### 24 Review of decisions\n\n Applications may be made to the Administrative Review Tribunal for review of the following decisions of the Authority:\n (a) a decision under subsection 18(7) to refuse to issue a certificate;\n (b) a decision under subsection 22(1) to cancel a certificate.","sortOrder":36},{"sectionNumber":"Part 4","sectionType":"part","heading":"Other matters","content":"## Part 4—Other matters","sortOrder":37},{"sectionNumber":"24A","sectionType":"section","heading":"Responder immunity","content":"#### 24A Responder immunity\n\n (1) Subject to this section, no civil action, suit or proceeding lies against a person in relation to anything done, or omitted to be done, reasonably and in good faith by the person in relation to preventing or minimising pollution damage occurring in Australia or the exclusive economic zone of Australia.\n\n> Note: This section also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901.\n\n Exceptions\n (2) Subsection (1) does not prevent an action, suit or proceeding from being brought against the shipowner or shipowners concerned (including on the basis of vicarious liability).\n (3) Subsection (1) does not apply in relation to anything done, or omitted to be done:\n (a) with intent to cause damage; or\n (b) recklessly and with knowledge that damage would probably result.\n Scope of section\n (4) Subsection (1) has effect:\n (a) in relation to anything done, or omitted to be done, by:\n (i) a constitutional corporation; or\n (ii) a director, officer, employee or agent of a constitutional corporation in the capacity of such a director, officer, employee or agent; and\n (b) in relation to anything done, or omitted to be done, outside Australia; and\n (c) in relation to anything done, or omitted to be done, in the course of, or in relation to, any of the following:\n (i) trade or commerce between Australia and places outside Australia;\n (ii) trade or commerce among the States;\n (iii) trade or commerce within a Territory, between a State and a Territory or between 2 Territories; and\n (d) in relation to anything done, or omitted to be done, by the Commonwealth or an authority of the Commonwealth.\n (5) For the purposes of paragraph (4)(b), outside Australia means outside the baseline from which the breadth of the territorial sea (within the meaning of the Seas and Submerged Lands Act 1973) is measured under section 7 of that Act.","sortOrder":38},{"sectionNumber":"25","sectionType":"section","heading":"No time limit for prosecution","content":"#### 25 No time limit for prosecution\n\n A prosecution for an offence against this Act may be brought at any time.","sortOrder":39},{"sectionNumber":"26","sectionType":"section","heading":"Submission to jurisdiction","content":"#### 26 Submission to jurisdiction\n\n (1) In any proceedings brought in a court in Australia to enforce a claim in respect of a liability incurred under the applied provisions, each foreign country to which the Bunker Oil Convention applies is taken to:\n (a) have submitted to the jurisdiction of that court; and\n (b) have waived any defence based on its status as a sovereign country.\n (2) Nothing in this section permits the levy of execution against the property of such a country.","sortOrder":40},{"sectionNumber":"27","sectionType":"section","heading":"Regulations to give effect to Article 10 of the Bunker Oil Convention","content":"#### 27 Regulations to give effect to Article 10 of the Bunker Oil Convention\n\n (1) The regulations may make provision for and in relation to giving effect to Article 10 of the Bunker Oil Convention.\n Conferral of jurisdiction\n (2) Regulations made for the purposes of this section may confer jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section.\n (3) Regulations made for the purposes of this section may confer jurisdiction on the Supreme Courts of the States and Territories with respect to matters arising under regulations made for the purposes of this section.\n (4) Any jurisdiction conferred on the Supreme Courts of the Territories is conferred to the extent that the Constitution permits.\n (5) This section does not limit the power of a judge or judges of a court to make rules of court with respect to a matter that is not provided for in regulations made for the purposes of this section.\n Fees\n (6) Regulations made for the purposes of this section may make provision for and in relation to fees payable in respect of matters arising under regulations made for the purposes of this section.\n (7) A fee must not be such as to amount to taxation.\n Interpretation\n (8) Subsections (2), (3) and (6) do not limit subsection (1).","sortOrder":41},{"sectionNumber":"28","sectionType":"section","heading":"Treatment of partnerships","content":"#### 28 Treatment of partnerships\n\n (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n (3) An offence against this Act that would otherwise be committed by the partnership is taken to have been committed by each partner who knows or ought reasonably to know that the partnership is the registered owner of the ship concerned.\n (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.","sortOrder":42},{"sectionNumber":"29","sectionType":"section","heading":"Treatment of unincorporated associations","content":"#### 29 Treatment of unincorporated associations\n\n (1) This Act applies to an unincorporated association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the association by this Act is imposed on each member of the association’s committee of management instead, but may be discharged by any of the members.\n (3) An offence against this Act that would otherwise be committed by the association is taken to have been committed by each member of the association’s committee of management who knows or ought reasonably to know that the association is the registered owner of the ship concerned.","sortOrder":43},{"sectionNumber":"30","sectionType":"section","heading":"Regulations","content":"#### 30 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":44}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act's scope appears consistent with its stated purpose of implementing the Bunker Oil Convention. The core provisions closely track the Convention's structure. The addition of responder immunity (s24A) and the detailed federalism provisions managing Commonwealth/State overlap represent domestic implementation choices rather than scope expansion beyond the Convention's intent. The exclusion of cargo oil tankers (covered by a separate Act) and non-commercial government ships are also consistent with the Convention itself."},"complexity_factors":["Incorporates an international treaty (the Bunker Oil Convention) by reference, meaning the actual liability rules are found in an external document not reproduced in full in the Act","Multiple overlapping regulatory frameworks requiring careful navigation — this Act must be read alongside the Protection of the Sea (Civil Liability) Act 1981, the Navigation Act 2012, the Admiralty Act 1988, and the Acts Interpretation Act 1901","Complex jurisdictional layering between Commonwealth, State/Territory, and international law, with carve-outs for when State/Territory laws apply instead","Six different categories of 'appropriate insurance certificate' depending on ship registration, ownership type (private/government), and whether the ship's home country is a Convention signatory","Strict liability offences (meaning intent doesn't matter — you're guilty if the facts are present) combined with evidential burden defences that shift proof obligations to the defendant","Conditional commencement provisions tied to Australia's treaty obligations, adding a layer of temporal complexity","Special treatment rules for partnerships and unincorporated associations that modify how standard legal obligations apply","The 'responder immunity' provision (s24A) has a constitutionally limited scope tied to the corporations power and interstate trade, creating a patchwork of coverage","Extraterritorial application combined with sovereign immunity waiver provisions create complex international law dimensions"],"plain_english_summary":"## What This Law Does\n\nThis Act implements an international agreement called the **Bunker Oil Convention** (formally the *International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001*) into Australian law. It came fully into force on **16 June 2009**.\n\n**Bunker oil** is the fuel oil that ships burn to power their engines — it's thick, heavy, and environmentally damaging if it spills. This Act is about who pays when bunker oil pollutes Australian waters.\n\n---\n\n## Who Is Affected?\n\n- **Ship owners and masters (captains)** of vessels over 1,000 gross tonnes (a measure of a ship's size/capacity) that operate in Australian waters, enter Australian ports, or are registered in Australia\n- **Insurers** providing financial protection for ship owners\n- **People who respond to oil spills** (e.g. clean-up crews)\n- **Foreign governments** whose ships operate in Australian waters\n- **Victims of bunker oil pollution** (who gain a clearer right to compensation)\n\n---\n\n## The Key Rules\n\n### 1. 🛢️ Ship Owners Are Liable for Pollution Damage\nIf a ship spills bunker oil and it damages Australia's coastline, marine environment, or causes clean-up costs, the **ship owner is legally responsible** to pay compensation. This applies to damage in Australian waters and the Exclusive Economic Zone (the sea area extending about 200 nautical miles from Australia's coast).\n\n### 2. 📄 Mandatory Insurance Certificate\nEvery ship over 1,000 gross tonnes must carry a valid **insurance certificate** proving it has enough financial coverage to pay for any oil spill damage. Think of it like compulsory third-party car insurance — but for ships.\n\n- **Australian-registered ships** must carry this certificate whenever they're operating\n- **All ships** (including foreign vessels) must carry it when entering or leaving Australian ports or offshore facilities\n- Failing to carry the certificate is a **serious criminal offence** carrying fines of up to **500 penalty units** (currently around $165,000)\n\n### 3. 🚢 Ships Can Be Detained\nEnforcement officers (customs officials or maritime inspectors) can **stop and hold a ship** at an Australian port if it can't produce a valid insurance certificate. Leaving port while detained carries a massive fine of **2,000 penalty units** (currently around $660,000).\n\n### 4. 🦺 Clean-Up Workers Are Protected\nPeople who act **reasonably and in good faith** to prevent or minimise oil pollution damage cannot be sued for their actions. This encourages rapid response to spills without fear of legal backlash. However, this protection does **not** extend to:\n- The ship owner themselves\n- Anyone who deliberately causes damage or acts recklessly\n\n### 5. 🌐 Foreign Countries Can Be Sued\nForeign countries whose ships cause damage in Australian waters are treated as having agreed to be sued in Australian courts — they can't claim immunity as a foreign sovereign nation. However, you can't seize their property to recover the money.\n\n### 6. ⏰ No Prosecution Time Limit\nUnlike most laws, there is **no time limit** on when the government can prosecute someone for breaking this Act.\n\n---\n\n## What This Law Does NOT Cover\n\n- **Cargo oil spills** from tankers — those are covered by a separate law (*Protection of the Sea (Civil Liability) Act 1981*)\n- **Non-commercial government ships** (e.g. warships on active military duty) — they're exempt\n- **Small ships** under 1,000 gross tonnes — the insurance certificate rules don't apply to them\n\n---\n\n## In Plain Terms: What Should You Know?\n\nIf you own or operate a large ship in Australian waters, you **must** have valid pollution liability insurance and carry proof of it at all times. If you don't, you face massive fines and your ship can be impounded. If your ship spills fuel oil, you will be held financially responsible for the clean-up and any damage caused."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"Section 3 (definition of 'regulated Australian vessel')","severity":"medium","reasoning":"A definition must provide meaningful content. Defining X as 'X for the purposes of another Act' is tautological on its face within this Act. While cross-referential definitions are common and generally acceptable, this formulation is particularly inelegant because it uses the exact same phrase rather than pointing to a substantive criterion, leaving anyone reading only this Act completely uninformed about what the term means.","confidence":0.75,"description":"The definition of 'regulated Australian vessel' is entirely circular and self-referential. It states that 'a ship is a regulated Australian vessel if it is a regulated Australian vessel for the purposes of the Navigation Act 2012.' This does not define the term within this Act — it simply defers to another Act using the identical label, providing no substantive content of its own and requiring the reader to consult the Navigation Act 2012 where the definition may itself be complex or circular."},{"type":"other","section":"Section 3 (definition of 'person')","severity":"low","reasoning":"The note to the definition of 'person' itself acknowledges sections 28 and 29, suggesting the drafters were aware of the tension. However, the result is that 'person' has one meaning (Convention-derived) but the Act applies to additional entities not necessarily captured by that definition, creating ambiguity about whether those entities are 'persons' for all purposes of the Act or only for particular purposes.","confidence":0.65,"description":"The term 'person' is defined as having 'the same meaning as in the Bunker Oil Convention', yet the Act also separately provides in sections 28 and 29 that the Act applies to partnerships and unincorporated associations 'as if' they were persons, with substantial modifications. This creates an internal inconsistency: if 'person' under the Convention already covers these entities, sections 28-29 are superfluous; if it does not, then the Act's own definition of 'person' is insufficient and must be supplemented by deeming provisions — creating an awkward and potentially confusing dual regime."},{"type":"impossible_compliance","section":"Section 19(1)(b) and 19(1)(c) / Section 19(2)(b) and 19(2)(c)","severity":"medium","reasoning":"Under section 19, the financial undertaking is only included in the certificate 'if the Minister is satisfied' — the use of 'if' makes this conditional rather than mandatory. The section 15 table items 4 and 5 refer simply to 'a certificate issued under section 19' without requiring that it contain the financial undertaking. This means a certificate issued under section 19 without ministerial satisfaction of the financial undertaking still qualifies as an 'appropriate insurance certificate', defeating the purpose of the insurance requirement.","confidence":0.7,"description":"The government ship certificate provisions create a structural absurdity: the Authority 'may' issue a certificate certifying certain facts, but the content of the certificate (specifically the undertaking to meet liability) is conditional on the Minister being satisfied — meaning the Authority could theoretically issue a certificate that omits the key financial undertaking entirely, making it a certificate that certifies only ownership/operation but not financial coverage. A certificate that does not certify the financial undertaking would be substantively worthless as an insurance certificate but would still apparently qualify as an 'appropriate insurance certificate' under item 4 or 5 of the section 15 table."},{"type":"impossible_compliance","section":"Section 24A(4)","severity":"high","reasoning":"The practical effect is that a volunteer or small business responding to a bunker oil spill in a State port may have no immunity under this Act if they do not fall within any of the s.51(xx), overseas, interstate trade, or Commonwealth categories. The provision creates a patchy immunity that may not cover the most common responder scenarios, undermining the evident legislative purpose of encouraging rapid pollution response.","confidence":0.8,"description":"The responder immunity provision in section 24A(1) purports to apply broadly ('subject to this section, no civil action lies against a person'), but subsection (4) limits its effect to a restricted set of constitutional heads of power (constitutional corporations, overseas acts, interstate/Territory trade, and Commonwealth acts). This means the immunity as a matter of federal law simply does not apply to individuals or non-constitutional-corporations acting in domestic State waters in relation to purely intrastate matters — the very scenarios where emergency pollution responders are most likely to operate. The provision thus creates a regime where responder immunity exists for some responders but not others, potentially based on the corporate structure of the responder rather than the nature of their actions."},{"type":"other","section":"Section 25","severity":"medium","reasoning":"While unlimited prosecution periods are not inherently irrational, their combination with strict liability offences is logically problematic. Strict liability removes the ability to raise lack of fault or knowledge as a defence; an unlimited time bar removes the practical protection of limitations. Together they create a particularly harsh regime for what are essentially administrative/regulatory offences (e.g., failing to physically carry a paper certificate).","confidence":0.65,"description":"The provision that 'a prosecution for an offence against this Act may be brought at any time' applies to strict liability offences under sections 16, 17, 20, and 21(3). Strict liability offences (with no fault element) combined with no limitation period creates an absurd situation where a master or registered owner could be prosecuted decades after the event for failing to carry a certificate, with no time bar providing any protection, even when evidence may be entirely unavailable and the strict liability nature of the offence means the accused cannot raise absence of fault."},{"type":"other","section":"Section 21(1) and (4)","severity":"low","reasoning":"The temporal trigger ('at the time the ship attempts to leave') for the detention power creates an awkward sequence: the officer can only act when the ship is already in motion to leave, creating a practical window where enforcement may be impossible. The strict liability offence for leaving 'while under detention' presupposes valid detention, which itself requires the attempt-to-leave trigger to have been satisfied.","confidence":0.55,"description":"The detention power in section 21(1) is triggered by reasonable grounds to believe there is no appropriate insurance certificate 'at the time the ship attempts to leave the port'. The strict liability offence in subsection (3)/(4) then applies to the registered owner or master if the ship 'leaves the port while it is under detention'. This creates a logical gap: the ship can only be detained if it attempts to leave — but the offence is committed when it leaves. If an enforcement officer detains a ship pre-emptively (before it attempts to leave), the detention power may not technically be enlivened. Conversely, if the ship successfully leaves before detention is formally imposed, no offence is committed under subsection (3)."},{"type":"impossible_compliance","section":"Section 13","severity":"medium","reasoning":"Under UNCLOS and domestic shipping law, the right to fly a flag is typically contingent on registration. A truly stateless vessel has no 'flag it is entitled to fly', making the deeming provision in section 13 incapable of application to such vessels — leaving them in a legal void under the Act with no mechanism to determine what certificate would be 'appropriate' for them.","confidence":0.7,"description":"Section 13 provides that an unregistered ship is treated 'as if it were registered in the country whose flag the ship is entitled to fly.' However, an unregistered ship, by definition, may not be entitled to fly any national flag under international maritime law — a ship's entitlement to fly a flag generally derives from registration in that country. The provision may create an impossible fictional registration for ships that have no entitlement to fly any flag at all (e.g., stateless vessels)."}],"contradictions":[{"severity":"medium","section_a":"Section 4(1)","section_b":"Section 4(2)","confidence":0.8,"description":"Section 4(1) states that the Act 'binds the Crown in each of its capacities', while section 4(2) provides that the Act 'does not make the Crown liable to be prosecuted for an offence.' Since several key obligations in the Act (carrying insurance certificates under ss.16-17, complying with production requirements under s.20, not departing while detained under s.21) are enforced exclusively through criminal prosecution, the Crown is notionally bound by these obligations but faces no consequence for breach. The Crown is therefore 'bound' in name only with respect to penal provisions, undermining the practical effect of the binding."},{"severity":"low","section_a":"Section 12(3)","section_b":"Section 9","confidence":0.6,"description":"Part 2 (liability) applies to government ships 'only if being used for commercial purposes' (s.9), and Part 3 (insurance certificates) identically applies to government ships 'only if being used for commercial purposes' (s.12(3)). However, section 15 items 4 and 5 define 'appropriate insurance certificate' for ships 'owned or operated by the Commonwealth' and 'owned or operated by a State or Territory' without the commercial purpose qualifier. This means the definition of what constitutes an appropriate certificate for a government ship exists in section 15 regardless of whether the ship is used commercially, while the obligation to carry such a certificate (s.16-17) only applies when used commercially — creating an inconsistency between the definition provisions and the application provisions."},{"severity":"high","section_a":"Section 16(1) and (2)","section_b":"Section 16(4)","confidence":0.85,"description":"Section 16(2) designates the s.16(1) offence as one of strict liability, while section 16(4) designates it as an indictable offence. In Australian criminal law, strict liability offences are almost invariably summary offences tried in a Magistrates Court. Classifying a strict liability offence as indictable is highly anomalous: indictable offences are typically tried on indictment in higher courts and are associated with fault-based elements, while strict liability removes fault elements entirely. The combination creates procedural incoherence regarding trial procedure and jury entitlements. The same contradiction exists in ss.17(2) and 17(4)."},{"severity":"high","section_a":"Section 21(3) and (4)","section_b":"Section 21(5)","confidence":0.85,"description":"Section 21(4) declares the s.21(3) offence (leaving port while under detention) to be one of strict liability, while section 21(5) declares it to be an indictable offence. This is the same contradiction as in sections 16 and 17: strict liability and indictable classification are mutually inconsistent in Australian criminal procedure. Strict liability offences carry no fault element and are appropriately heard summarily; indictable offences imply a higher procedural threshold associated with fault-based offending."},{"severity":"medium","section_a":"Section 10(1)","section_b":"Section 10(2)","confidence":0.7,"description":"Section 10(1) disapplies Part 2 in favour of State/Territory laws for non-regulated Australian vessels in State/Territory areas. Section 10(2) then creates an exception restoring the federal Part 2 for multi-ship incidents involving both regulated Australian vessels and non-regulated vessels. This creates a contradiction for a non-regulated vessel in a State/Territory area that is involved in a multi-ship incident: the vessel is simultaneously excluded from Part 2 under s.10(1) (because it is non-regulated and State/Territory law applies) but brought back under Part 2 by s.10(2) (because the incident involves both regulated and non-regulated vessels). The result is that the federal and State/Territory regimes apply concurrently to the same vessel in the same incident, with no priority rule."},{"severity":"medium","section_a":"Section 26(1)","section_b":"Section 26(2)","confidence":0.8,"description":"Section 26(1) deems foreign Convention countries to have submitted to Australian court jurisdiction and waived sovereign immunity for enforcement of claims under the applied provisions. Section 26(2) then states that nothing in the section 'permits the levy of execution against the property of such a country.' Together, these provisions create a paradox: a foreign country can be sued and a judgment obtained against it, but the judgment cannot be enforced by execution against its property. A judgment that cannot be executed is practically worthless, making the submission to jurisdiction a hollow procedural right with no substantive remedy — a contradiction between the section's apparent purpose (enabling enforcement) and its practical effect (preventing meaningful enforcement)."},{"severity":"low","section_a":"Section 18(1)","section_b":"Section 15 (item 3(b))","confidence":0.55,"description":"Section 18(1) limits applications for certificates to ships registered in Australia or in foreign non-Convention countries. However, section 15 item 3(b) contemplates that a ship registered in a foreign non-Convention country may have an 'appropriate insurance certificate' issued by 'the government of a foreign country to which the Bunker Oil Convention applies' — i.e., a Convention country. This means a ship registered in a non-Convention country can satisfy the certificate requirement with a certificate from a foreign Convention country government, yet section 18 only allows the Australian Authority to issue certificates for such ships. There is no mechanism for the Australian Authority to issue a certificate for a ship already holding a foreign Convention country certificate under item 3(b), creating uncertainty about whether the section 18 process is even available or necessary in that circumstance."}]},"kimi_summary":{"_metrics":{"completionTokens":585},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: implementing the 2001 Bunker Oil Convention. The scope covers liability for pollution damage from ships' fuel tanks, mandatory insurance certification, and enforcement mechanisms. No significant expansion beyond the Convention's requirements is evident."},"complexity_factors":["Multiple overlapping application rules (geographic scope, ship type, gross tonnage thresholds, government vs commercial use)","Extensive cross-referencing to the Bunker Oil Convention and other legislation (Navigation Act 2012, Protection of the Sea (Civil Liability) Act 1981, Admiralty Act 1988)","Six-category table in section 15 determining 'appropriate insurance certificate' based on ship registration, government ownership, and Convention country status","Conditional commencement provisions tied to international treaty entry into force","Strict liability criminal offences with evidential burden defences","Federal-State/Territory concurrency provisions with complex carve-outs","Responder immunity provisions with multiple exceptions and constitutional scope limitations"],"plain_english_summary":"This Act implements Australia's obligations under the **2001 International Convention on Civil Liability for Bunker Oil Pollution Damage** — an international treaty that makes shipowners financially responsible for oil spills from their vessels' fuel tanks (called \"bunker oil\").\n\n**What it does:**\n- **Makes shipowners liable** for pollution damage caused by bunker oil spills in Australian waters, including the exclusive economic zone\n- **Requires insurance or financial security** — ships over 1,000 gross tonnes must carry certificates proving they can pay for pollution damage up to set limits\n- **Creates a certification system** administered by the Australian Maritime Safety Authority (AMSA), with different rules for Australian-registered ships, foreign ships, and government vessels\n- **Allows enforcement officers** (Customs officers, maritime inspectors) to demand certificates, detain ships without them, and prosecute offences\n- **Protects responders** — people who act in good faith to clean up spills can't be sued, unless they acted recklessly or intentionally caused damage\n\n**Who it affects:**\n- Shipowners and masters of vessels over 1,000 tonnes entering Australian ports\n- Australian-registered ships operating anywhere\n- Government ships (but only when used commercially)\n- Insurers and financial security providers backing ships\n\n**Key features:**\n- Strict liability offences (no need to prove fault) for failing to carry certificates, with penalties up to 2,000 penalty units for taking a detained ship out of port\n- No time limit for prosecutions\n- Foreign countries that are party to the Convention are deemed to have accepted Australian court jurisdiction for claims\n- Partnerships and unincorporated associations are treated as \"persons\" under the Act, with liability falling on individual partners or committee members"},"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"}},"importantCases":[],"_links":{"self":"/api/acts/protection-of-the-sea-civil-liability-for-bunker-oil-pollution-damage-act-2008","history":"/api/acts/protection-of-the-sea-civil-liability-for-bunker-oil-pollution-damage-act-2008/history","analysis":"/api/acts/protection-of-the-sea-civil-liability-for-bunker-oil-pollution-damage-act-2008/analysis","conflicts":"/api/acts/protection-of-the-sea-civil-liability-for-bunker-oil-pollution-damage-act-2008/conflicts","importantCases":"/api/acts/protection-of-the-sea-civil-liability-for-bunker-oil-pollution-damage-act-2008/important-cases","documents":"/api/acts/protection-of-the-sea-civil-liability-for-bunker-oil-pollution-damage-act-2008/documents"}}