{"id":"F2009L02140","name":"Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Regulations 2009","slug":"protection-of-the-sea-civil-liability-for-bunker-oil-pollution-damage-regulations-2009","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"101 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437360,"registerId":"F2009L02140-fast-fetch-1775954223488","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Regulations 2009","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Regulations 2008\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\nProtection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Regulations 20091\n\nSelect Legislative Instrument 2009 No. 101\n\nI, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008.\n\nDated 4 June 2009\n\nQUENTIN BRYCE\n\nGovernor-General\n\nBy Her Excellency’s Command\n\nANTHONY ALBANESE\n\nMinister for Infrastructure, Transport, Regional Development and Local Government\n\nContents\n\nPart 1 Preliminary\n\n 1 Name of Regulations \n\n 2 Commencement \n\n 3 Definitions \n\nPart 2 Insurance certificates\n\n 4 Application for certificate for ship — prescribed fee \n\nPart 3 Registration and enforcement of judgments\n\nDivision 3.1 General\n\n 5 General \n\nDivision 3.2 Jurisdiction\n\n 6 Jurisdiction of Federal Court and State and Territory Supreme Courts             \n\nDivision 3.3 How to apply to register judgment\n\n 7 Application to register judgment \n\n 8 Application must be supported by affidavit \n\nDivision 3.4 Enforcement of judgment\n\n 9 Requirement to register judgment \n\n 10 Judgment must be registered only for matters relating to compensation for pollution damage             \n\n 11 Amount for which judgment may be registered \n\n 12 Conversion to Australian currency \n\n 13 Security for costs \n\n 14 Notice of registered judgment \n\n 15 When order to register judgment takes effect \n\n 16 Effect of order to register judgment \n\nDivision 3.5 How to set aside registered judgment\n\n 17 Application for order to set aside registered judgment \n\n 18 Order on application to set aside registered judgment \n\n 19 Stay of execution of order for registered judgment \n\nDivision 3.6 Other applications to the Court\n\n 20 Further applications to register judgment \n\n 21 Circumstance in which judgment amount has been paid in part             \n\n 22 Circumstance in which order relates to compensation for pollution damage and other matters             \n\n 23 Issue of court documents \n\n \n\n \n\nPart 1 Preliminary\n\n \n\n1 Name of Regulations\n\n  These Regulations are the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Regulations 2009.\n\n2 Commencement\n\n  These Regulations commence on the commencement of sections 3 to 30 of the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008.\n\n3 Definitions\n\n  In these Regulations:\n\nAct means the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008.\n\namount payable under the judgment means the amount that an original court has decided is payable in compensation for pollution damage.\n\ncompensation for pollution damage means compensation for which provision is made under Article 3 of the Bunker Oil Convention.\n\nCourt means a court that is conferred with jurisdiction under regulation 6 for matters arising under Part 3.\n\njudgment means a judgment or order:\n\n (a) given or made by a court situated in a country to which the Bunker Oil Convention applied at the time the judgment or order was given or made; and\n\n (b) in proceedings that are, in whole or in part, for compensation for pollution damage.\n\njudgment creditor, in relation to a judgment:\n\n (a) means the person in whose favour the judgment was given; and\n\n (b) includes a person in whom the rights under the judgment have become vested by succession, assignment or otherwise.\n\njudgment debtor, in relation to a judgment:\n\n (a) means the person against whom the judgment was given; and\n\n (b) includes a person against whom the judgment is enforceable under the laws of the country in which the original court is situated.\n\noriginal court, in relation to a judgment, means the court by which the judgment was given.\n\n\n\n\nPart 2 Insurance certificates\n\n \n\n4 Application for certificate for ship — prescribed fee\n\n (1) For paragraph 18 (3) (b) of the Act, the fees set out in this regulation are prescribed in relation to:\n\n (a) an application to issue an insurance certificate for a ship; and\n\n (b) an application to renew an insurance certificate for a ship.\n\n (2) The fee for the issue of an insurance certificate for a ship is $70.\n\n (3) The fee for the renewal of an insurance certificate for a ship is:\n\n (a) $70, if, at the time of the application, the applicant had made a change to any of the following details for the ship since the insurance certificate was last issued or renewed:\n\n (i) the insurance provider, or other provider of financial security, for the ship;\n\n (ii) the owner of the ship;\n\n (iii) the name of the ship;\n\n (iv) the country in which the ship is registered; or\n\n (b) $40, if, at the time of the application, paragraph (a) does not apply.\n\n\n\n\nPart 3 Registration and enforcement of judgments\n\nDivision 3.1 General\n\n5 General\n\n (1) For section 27 of the Act, this Part sets out the provisions for and in relation to giving effect to Article 10 of the Bunker Oil Convention.\n\n (2) In this Part:\n\nregistered means registered under this Part.\n\nDivision 3.2 Jurisdiction\n\n6 Jurisdiction of Federal Court and State and Territory Supreme Courts\n\n  Jurisdiction for matters arising under this Part is conferred on the following courts:\n\n (a) the Federal Court of Australia;\n\n (b) the Supreme Court of each State;\n\n (c) the Supreme Court of the Australian Capital Territory;\n\n (d) the Supreme Court of the Northern Territory.\n\nDivision 3.3 How to apply to register judgment\n\n7 Application to register judgment\n\n (1) A judgment creditor for a judgment may, in writing, apply to a Court to have the judgment registered in the Court under regulation 9 at any time within 6 years after:\n\n (a) the date of the judgment; or\n\n (b) if there have been proceedings by way of appeal against the judgment — the date of the last judgment in those proceedings.\n\n (2) The application may be made for registration of only so much of the judgment that relates to compensation for pollution damage.\n\n8 Application must be supported by affidavit\n\n (1) An application under regulation 7 must be supported by an affidavit of the judgment creditor for the judgment.\n\n (2) The following must be attached to the affidavit:\n\n (a) a copy of the judgment certified by the original court;\n\n (b) if the judgment is not in English — a translation of the judgment into English that is authenticated by an affidavit or certified by a notary public.\n\n (3) The affidavit must contain the following information:\n\n (a) a statement as to whether the amount payable under the judgment of the original court has been satisfied, including:\n\n (i) if the amount payable under the judgment has been satisfied in whole — the amount that has been satisfied; or\n\n (ii) if the amount payable under the judgment that relates to compensation for pollution damage has been partly satisfied — the amount that has not been satisfied in relation to compensation for pollution damage; or\n\n (iii) if the judgment has not been satisfied — the amount payable under the judgment in relation to compensation for pollution damage;\n\n (b) a statement as to whether costs (if any) were awarded by the original court and, if so, the amount of costs awarded by the original court, including:\n\n (i) if the amount of costs payable under the judgment has been satisfied in whole — the amount of costs that has been satisfied; or\n\n (ii) if the amount of costs payable under the judgment that relates to compensation for pollution damage has been partly satisfied — the amount of costs that has not been satisfied in relation to compensation for pollution damage; or\n\n (iii) if the judgment has not been satisfied — the amount of costs payable under the judgment in relation to compensation for pollution damage;\n\n (c) a statement as to whether the judgment of the original court is enforceable by the judgment creditor under the law of the country in which the original court is situated;\n\n (d) a statement as to whether the judgment of the original court is no longer subject to ordinary forms of review under the law of the country in which the original court is situated;\n\n (e) a statement as to whether the judgment of the original court was given by a court having jurisdiction of the kind mentioned in Article 9 of the Bunker Oil Convention;\n\n (f) a statement as to whether the judgment of the original court was given for an incident that occurred after both Australia and the country in which the original court is situated became countries to which the Bunker Oil Convention applies;\n\n (g) a statement of the matters relied on by the judgment creditor as evidence of the matters mentioned in paragraphs (d) and (e);\n\n (h) if the judgment of the original court sets out the amount payable under the judgment in the currency of a foreign country — the equivalent amount to the amount payable under the judgment, calculated in Australian currency;\n\n (i) if the judgment of the original court sets out costs that are payable to the judgment creditor in the currency of a foreign country — the equivalent amount to the amount of costs, calculated in Australian currency;\n\n (j) the rate of interest (if any) that is payable under the judgment under the law of the country in which the original court is situated;\n\n (k) if the judgment of the original court relates to compensation for pollution damage and other matters — the provisions in the judgment that relate only to compensation for pollution damage.\n\n (4) If, under this regulation, an amount is to be calculated in Australian currency, the amount must be calculated using the exchange rate determined by the Reserve Bank of Australia for the date on which the judgment of the original court was made.\n\nDivision 3.4 Enforcement of judgment\n\n9 Requirement to register judgment\n\n (1) A Court must make an order to register a judgment if:\n\n (a) the judgment was given by a court having jurisdiction of the kind mentioned in Article 9 of the Bunker Oil Convention; and\n\n (b) the judgment was given for an incident that occurred after both Australia and the country in which the original court is situated became countries to which the Bunker Oil Convention applies; and\n\n (c) the judgment is enforceable under the law of the country in which the original court is situated; and\n\n (d) the judgment is no longer subject to ordinary forms of review under the law of the country in which the original court is situated; and\n\n (e) the application is in accordance with regulations 7 and 8.\n\n (2) The order must:\n\n (a) state the effect of regulation 15; and\n\n (b) specify a period within which the judgment debtor for the judgment may make an application under regulation 17 to set aside the order.\n\n10 Judgment must be registered only for matters relating to compensation for pollution damage\n\n  A Court may order a judgment to be registered under regulation 9 only in so far as the judgment relates to compensation for pollution damage.\n\n11 Amount for which judgment may be registered\n\n  The amount for which a judgment may be registered is the total of the following amounts:\n\n (a) either:\n\n (i) the amount payable under the judgment that relates to compensation for pollution damage; or\n\n (ii) if the judgment has been partly satisfied — the unsatisfied amount payable under the judgment that relates to compensation for pollution damage;\n\n (b) the amount of any costs awarded to the judgment creditor for the judgment by the original court that:\n\n (i) has not been satisfied; and\n\n (ii) relates to compensation for pollution damage;\n\n (c) the amount of any interest that is payable to the judgment creditor:\n\n (i) under the law of the country in which the original court is situated; and\n\n (ii) on the date the judgment is registered by the Court;\n\n (d) the amount of any reasonable costs of, and incidental to, registration by the Court, including the cost of obtaining a certified copy of the judgment from the original court.\n\n12 Conversion to Australian currency\n\n (1) This regulation applies if an amount mentioned in regulation 11 is expressed in the currency of a foreign country.\n\n (2) The amount for which the judgment may be registered must:\n\n (a) be an amount that is equivalent to the currency of the foreign country; and\n\n (b) be expressed in Australian currency; and\n\n (c) use the exchange rate determined by the Reserve Bank of Australia:\n\n (i) if the amount is an amount mentioned in paragraph 11 (a) or (b) — on the date of the judgment of the original court; and\n\n (ii) if the amount is an amount mentioned in paragraph 11 (c) or (d) — on the date the judgment is registered by the Court.\n\n13 Security for costs\n\n  A Court may, in addition to the order under regulation 9, make an order requiring the judgment creditor for a judgment to give security for the costs of:\n\n (a) the application to have the judgment registered in the Court; and\n\n (b) any proceedings that may be brought to set aside an order made under regulation 9.\n\n14 Notice of registered judgment\n\n (1) If a Court makes an order under regulation 9, the Court must give the judgment debtor for the judgment written notice of the order in accordance with the Court’s practice and procedure for serving a writ of summons.\n\n (2) The notice must include the following information:\n\n (a) the details of the registered judgment;\n\n (b) the details of the order to register the judgment;\n\n (c) the name and address for service of:\n\n (i) the judgment creditor for the judgment; or\n\n (ii) if a solicitor is acting on behalf of the judgment creditor — the solicitor; or\n\n (iii) if an agent is acting on behalf of the judgment creditor — the agent;\n\n (d) the right of the judgment debtor to apply to set aside the order to register the judgment;\n\n (e) the period within which the judgment debtor may apply to the Court;\n\n (f) the right of the judgment debtor to apply to the Court for an extension of the period within which the judgment debtor may apply to the Court.\n\n15 When order to register judgment takes effect\n\n  An order under regulation 9 to register a judgment takes effect:\n\n (a) if no application is made to set aside the order:\n\n (i) on the day after the end of the period specified by the Court under paragraph 9 (2) (a) in relation to the application; or\n\n (ii) if the Court determined under subregulation 17 (4) an extension to the period specified by the Court under paragraph 9 (2) (a) in relation to the application — on the day after the end of the extended period; or\n\n (b) if an application is made to set aside the order and the application is not successful — immediately after the application has been determined.\n\n16 Effect of order to register judgment\n\n (1) An order to register a judgment has effect as a judgment of the Court in which it is registered as if the judgment had been entered in that Court on the date of registration.\n\n (2) Interest on the amount for which the judgment is registered accrues from the date of registration of the judgment as if it were a judgment of the Court in which it is registered.\n\nDivision 3.5 How to set aside registered judgment\n\n17 Application for order to set aside registered judgment\n\n (1) The judgment debtor for a registered judgment may, in writing, apply to a Court to set aside an order made under regulation 9.\n\n (2) Subject to subregulation (4), the application must be made before the end of the period specified in the order.\n\n (3) Before the end of the period specified in the order, the judgment debtor may, in writing, apply to a Court for an extension of the period.\n\n (4) If the Court grants the extension, an application under subregulation (1) must be made before the end of the extended period.\n\n (5) If an application is made under this regulation, the Court must determine the application.\n\n18 Order on application to set aside registered judgment\n\n (1) The Court may set aside an order made under regulation 9 if:\n\n (a) the rights under the judgment are not vested in the person who made the application for registration; or\n\n (b) the person against whom the judgment was ordered to be registered is not the person subject to the obligations under the judgment; or\n\n (c) at the date of the application to have the judgment registered in the Court:\n\n (i) the amount for which the judgment was registered had been paid in whole or in part; or\n\n (ii) the judgment was not enforceable under the law of the country in which the original court is situated; or\n\n (iii) the judgment was subject to an ordinary form of review under the law of the country in which the original court is situated; or\n\n (d) the order relates to compensation for pollution damage and other matters; or\n\n (e) the judgment was obtained by fraud; or\n\n (f) the judgment debtor for the judgment was not given reasonable notice of the proceedings or a fair opportunity to defend the proceedings in the original court; or\n\n (g) before the date of the judgment of the original court, the matter in dispute in the proceedings in the original court was the subject of a judgment of an Australian court exercising jurisdiction in the matter; or\n\n (h) the judgment was not registered in accordance with these Regulations.\n\n (2) The Court may also set aside an order made under regulation 9 if:\n\n (a) before the date of the judgment of the original court, the matter in dispute in the proceedings in the original court was the subject of a judgment of another court; and\n\n (b) the other court was not an Australian court.\n\n19 Stay of execution of order for registered judgment\n\n (1) This regulation applies if:\n\n (a) a Court under regulation 18 is dealing with an application to set aside an order made under regulation 9; and\n\n (b) the Court finds that the only reason the order may be set aside is because at the date of the application to register the judgment, the judgment was:\n\n (i) not enforceable under the law of the country in which the original court is situated; or\n\n (ii) subject to an ordinary form of review under the law of the country in which the original court is situated.\n\n (2) The Court may, instead of setting aside the order, order a stay of execution in relation to the registration of the judgment on such terms as it thinks just.\n\nDivision 3.6 Other applications to the Court\n\n20 Further applications to register judgment\n\n (1) This regulation applies if:\n\n (a) a judgment creditor for a judgment has made an application to register a judgment under regulation 7; and\n\n (b) either:\n\n (i) the application was not granted by a Court under regulation 9; or\n\n (ii) an order made under regulation 9 was set aside by a Court under regulation 18.\n\n (2) The judgment creditor may make a further application to register the judgment under regulation 7 unless the Court has ordered otherwise.\n\n21 Circumstance in which judgment amount has been paid in part\n\n (1) This regulation applies if:\n\n (a) a Court has set aside an order made under regulation 9; and\n\n (b) the only reason the order was set aside is because part of the total amount payable in relation to the judgment had been paid.\n\n (2) The Court must, on further application by the judgment creditor for the judgment to register the judgment, make an order registering the judgment for the balance remaining payable up to the date of further application.\n\n22 Circumstance in which order relates to compensation for pollution damage and other matters\n\n (1) This regulation applies if:\n\n (a) a Court has set aside an order made under regulation 9; and\n\n (b) the only reason the order was set aside by the Court is because the order relates to compensation for pollution damage and other matters.\n\n (2) The Court must, on further application by the judgment creditor for the judgment to register the judgment, make an order registering the judgment for the provisions of the judgment that relate to compensation for pollution damage.\n\n23 Issue of court documents\n\n (1) This regulation applies if:\n\n (a) a judgment has been entered in an Australian court for a claim for compensation under the applied provisions; and\n\n (b) a person, in whose favour such judgment has been entered, decides to enforce the judgment in a country, other than Australia, in which the Bunker Oil Convention applies; and\n\n (c) the person has applied to the court for the issue of any of the following court documents:\n\n (i) a certified copy of the judgment;\n\n (ii) a certified copy of any document filed with the court in the proceedings;\n\n (iii) a certificate giving details of an order made by the court in the proceedings;\n\n (iv) a certificate giving details of an act or thing done in the proceedings that is recorded in a document forming part of the record kept by the court.\n\n (2) The Registrar, or other proper officer, of the court must, on application by the person, issue the person with the court document that the person has applied for under paragraph (1) (c).\n\n (3) The person must pay the court fee for the issue of a court document mentioned in paragraph (1) (c) if:\n\n (a) the person has applied to the court for the issue of the court document; and\n\n (b) the court charges a fee for the issue of the court document.\n\nNote\n\n1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: implementing the Bunker Oil Convention through administrative fee-setting for insurance certificates and procedural rules for judgment registration. There is no evidence of scope creep beyond these specific treaty implementation functions."},"complexity_factors":["23 defined terms in the interpretation section (regulation 3), including nested definitions like 'amount payable under the judgment' and 'compensation for pollution damage'","Extensive cross-referencing to the parent Act (Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008) and the international Bunker Oil Convention","Multi-layered conditional logic in Part 3, particularly regulations 9, 11, and 18 which contain multiple cumulative and alternative conditions for registration and setting aside judgments","Specific procedural requirements including affidavit contents (regulation 8(3) with 11 specific information requirements), currency conversion rules using Reserve Bank exchange rates (regulations 8(4), 12), and time limits (regulation 7 - 6 year limitation period)","Nested exceptions and remedial provisions in Division 3.5 and 3.6 (regulations 17-22) providing for setting aside, stays of execution, and further applications under specific circumstances"],"plain_english_summary":"These regulations implement Australia’s obligations under the Bunker Oil Convention, requiring ships to hold proof of insurance against fuel‑oil pollution (with specified certificate fees) and establishing procedures for recognising and enforcing pollution‑damage judgments from other Convention countries in Australian courts. They affect ship owners and operators (insurance and exposure to foreign judgments), pollution victims (easier recovery of compensation against assets in Australia), and courts (specified jurisdiction and registration processes)."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"These Regulations implement procedural, evidential and fee details under the Act to give effect to Article 10 of the Bunker Oil Convention (reg 5(1)). They specify how foreign bunker‑pollution compensation judgments are registered, converted to Australian currency, notified, challenged and enforced, and they prescribe certificate fees for ships (reg 4). They do not alter the substantive liability or compensation rules set out in the Act or the Convention; they provide implementation and enforcement processes only."},"complexity_factors":["Cross‑border enforcement mechanics: registration of foreign judgments in Australian courts (regs 5(1), 7–9) creates interplay with foreign law on enforceability and review (regs 8(3)(c),(d); 9(1)(c),(d)).","Detailed affidavit and evidentiary requirements: certified copies, translations and multiple factual statements must be supplied (reg 8(1)–(3)).","Currency conversion rules tied to Reserve Bank rates and differing dates for different components (reg 8(4); reg 12).","Multiple jurisdictions: Federal Court and each State/Territory Supreme Court share competence (reg 6), creating procedural variety.","Limited registration scope: only parts of judgments that relate to compensation for pollution damage may be registered, requiring itemisation in affidavits and orders (regs 7(2); 10; 8(3)(k)).","Time limits and extensions: 6‑year registration window and specified periods for challenge and effect of registration (reg 7(1); regs 9(2); 15; 17).","Set‑aside and stay grounds are numerous and fact‑sensitive (reg 18; reg 19), allowing discretionary judicial remediation and conditional stays.","Costs and security mechanisms: prescribed certificate fees (reg 4), court may order security for costs and recover incidental registration costs (regs 4; 11; 13), creating direct financial burdens on applicants.","Procedural provisions for further applications and partial payments require iterative filings and court orders (regs 20–22).","Administrative support for issuing documents for foreign enforcement is mandatory but fee‑subject to local court practice (reg 23)."],"plain_english_summary":"These Regulations set out the practical steps, fees and court procedures for enforcing foreign judgments that award compensation for bunker‑oil pollution under the Bunker Oil Convention, and for issuing or renewing the ship insurance certificate required by the Act. They affect ship owners and insurers (certificate fees), foreign judgment creditors (registration and conversion of awards into Australian dollars) and judgment debtors (notice, challenge periods and potential security for costs). The rules fix who pays fees, which Australian courts decide disputes, required evidence, timelines and currency conversion mechanics."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/protection-of-the-sea-civil-liability-for-bunker-oil-pollution-damage-regulations-2009","history":"/api/acts/protection-of-the-sea-civil-liability-for-bunker-oil-pollution-damage-regulations-2009/history","analysis":"/api/acts/protection-of-the-sea-civil-liability-for-bunker-oil-pollution-damage-regulations-2009/analysis","conflicts":"/api/acts/protection-of-the-sea-civil-liability-for-bunker-oil-pollution-damage-regulations-2009/conflicts","importantCases":"/api/acts/protection-of-the-sea-civil-liability-for-bunker-oil-pollution-damage-regulations-2009/important-cases","documents":"/api/acts/protection-of-the-sea-civil-liability-for-bunker-oil-pollution-damage-regulations-2009/documents"}}