{"id":"C2004A04596","name":"Protection of the Sea (Oil Pollution Compensation Funds) Act 1993","slug":"protection-of-the-sea-oil-pollution-compensation-funds-act-1993","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"41 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":26868,"registerId":"commonwealth-C2004A04596-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Chapters 1, 2 and 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the 1971 Convention enters into force for Australia.\n  (2) Part 3.1 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which Australia’s denunciation of the 1971 Convention takes effect.\n  (3) Chapter 3 (other than Part 3.1) commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the 1992 Protocol enters into force for Australia.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears :\n\n> Australia, when used in a geographical sense, includes all the external Territories.\n\n> Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\n> the original Convention means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, done at Brussels on 18 December 1971 (a copy of the English text of the original Convention is set out in Schedule 1).\n\n> the Supplementary Fund means The International Oil Pollution Compensation Supplementary Fund 2003 established by the 2003 Protocol.\n\n> the 1971 Convention means the original Convention as amended by the 1976 Protocol.\n\n> the 1971 Fund means The International Oil Pollution Compensation Fund established by the original Convention.\n\n> the 1976 Protocol means the Protocol of 1976 to amend the original Convention, done at London on 19 November 1976 (a copy of the English text of the 1976 Protocol is set out in Schedule 2).\n\n> the 1992 Convention means the original Convention as amended by the 1976 Protocol and the 1992 Protocol.\n\n> the 1992 Fund means The International Oil Pollution Compensation Fund 1992 established by the 1992 Convention.\n\n> the 1992 Protocol means the Protocol of 1992 to amend the 1971 Convention, done at London on 27 November 1992 (a copy of the English text of the 1992 Protocol is set out in Schedule 3), as amended by resolution LEG.2(82) adopted by the Legal Committee of the International Maritime Organization on 18 October 2000 (a copy of the English text of which is set out in Schedule 4).\n\n> the 2003 Protocol means the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 done at London on 16 May 2003.\n\n> Note: The text of the 2003 Protocol is set out in Australian Treaty Series \\[2005\\] ATNIF 21. In 2008, the text of the 2003 Protocol in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Act to bind Crown","content":"#### 4 Act to bind Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) The Crown is not liable to be prosecuted for an offence against, or arising out of, this Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Operation of Act","content":"#### 5 Operation of Act\n\n  This Act applies both within and outside Australia and extends to every external Territory.","sortOrder":4},{"sectionNumber":"5A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 5A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\nChapter 3—The 1992 Convention","sortOrder":5},{"sectionNumber":"Part 3.1","sectionType":"part","heading":"—Repeal of Chapter 2","content":"## Part 3.1—Repeal of Chapter 2","sortOrder":6},{"sectionNumber":"26","sectionType":"section","heading":"Repeal of Chapter 2","content":"#### 26 Repeal of Chapter 2\n\n  (1) Chapter 2 is repealed.\n  (2) The regulations may make such transitional or savings provisions as are necessary or convenient as a result of the repeal of Chapter 2.","sortOrder":7},{"sectionNumber":"Part 3.2","sectionType":"part","heading":"—Outline of Chapter","content":"## Part 3.2—Outline of Chapter","sortOrder":8},{"sectionNumber":"27","sectionType":"section","heading":"Simplified outline","content":"#### 27 Simplified outline\n\n  The following is a simplified outline of this Chapter:\n    (a) the 1992 Fund is liable to provide compensation for certain oil pollution damage (Part 3.5);\n    (b) certain persons who receive oil in Australian ports and terminals are liable to contribute to the 1992 Fund (Part 3.6);\n    (c) the Australian Maritime Safety Authority is empowered to collect information about contributors and give the information to the 1992 Fund (Part 3.6).\n\nDiagram showing flow of money\n\n| Oil receivers make contributions to 1992 Fund | $  | 1992 Fund | $  | Certain persons entitled to receive compensation from 1992 Fund |\n| --------------------------------------------- | --- | --------- | --- | --------------------------------------------------------------- |","sortOrder":9},{"sectionNumber":"Part 3.3","sectionType":"part","heading":"—Interpretation","content":"## Part 3.3—Interpretation","sortOrder":10},{"sectionNumber":"28","sectionType":"section","heading":"Interpretation","content":"#### 28 Interpretation\n\n  Unless the contrary intention appears, an expression used in this Chapter and in the 1992 Convention has the same meaning in this Chapter as in the 1992 Convention.","sortOrder":11},{"sectionNumber":"Part 3.4","sectionType":"part","heading":"—Legal recognition of the 1992 Fund","content":"## Part 3.4—Legal recognition of the 1992 Fund","sortOrder":12},{"sectionNumber":"29","sectionType":"section","heading":"1992 Fund is a legal person","content":"#### 29 1992 Fund is a legal person\n\n  For the purposes of this Chapter, the 1992 Fund has the same legal personality as a company incorporated under the Corporations Act 2001 and, in particular, may sue and be sued.","sortOrder":13},{"sectionNumber":"30","sectionType":"section","heading":"Director of the 1992 Fund is the legal representative of the 1992 Fund","content":"#### 30 Director of the 1992 Fund is the legal representative of the 1992 Fund\n\n  For the purposes of this Chapter, the Director of the 1992 Fund is the legal representative of the 1992 Fund.","sortOrder":14},{"sectionNumber":"Part 3.5","sectionType":"part","heading":"—Compensation","content":"## Part 3.5—Compensation","sortOrder":15},{"sectionNumber":"31","sectionType":"section","heading":"Certain provisions of the 1992 Convention to have the force of law","content":"#### 31 Certain provisions of the 1992 Convention to have the force of law\n\n  (1) The following provisions of the 1992 Convention have the force of law as part of the law of the Commonwealth:\n  Articles 1, 3, 4 and 6, paragraphs 1, 3, 5 and 6 of Article 7, Article 9, Article 35, Article 36 bis, paragraph (e) of Article 36 quater and Article 36 quinquies.\n  (2) For the purposes of paragraph 7 of Article 4 of the 1992 Convention as so having the force of law, a request by the Authority is taken to be a request by Australia.","sortOrder":16},{"sectionNumber":"32","sectionType":"section","heading":"Claims for compensation","content":"#### 32 Claims for compensation\n\n  (1) This section applies to an action against the 1992 Fund for compensation under Article 4 of the 1992 Convention.\n  (2) The action may be brought in the Federal Court of Australia or in the Supreme Court of a State or Territory.\n  (3) The court in which an action has been brought may, by order, transfer the proceedings to another court that has jurisdiction with respect to the action.\n  (4) The transfer may be made at any stage of the proceedings.\n  (5) The court may transfer proceedings on application or on its own initiative.\n  (6) If proceedings are transferred from a court:\n    (a) all documents filed, and money or guarantees lodged, in that court in those proceedings must be transmitted by the Registrar or other proper officer of that court to the Registrar or other proper officer of the court to which the proceedings are transferred; and\n    (b) the court to which the proceedings are transferred must proceed as if:\n    (i) the proceedings had originally been instituted in that court; and\n    (ii) the same proceedings had been taken in that court as had been taken in the court from which the proceedings were transferred.","sortOrder":17},{"sectionNumber":"33","sectionType":"section","heading":"1992 Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981","content":"#### 33 1992 Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981\n\n  The 1992 Fund may intervene in proceedings for compensation arising under Part II of the Protection of the Sea (Civil Liability) Act 1981.","sortOrder":18},{"sectionNumber":"34","sectionType":"section","heading":"Regulations to give effect to Article 8 of the 1992 Convention","content":"#### 34 Regulations to give effect to Article 8 of the 1992 Convention\n\n  (1) The regulations may make provision for and in relation to giving effect to Article 8 of the 1992 Convention, including:\n    (a) provision for investing the Supreme Courts of the States with federal jurisdiction and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made for the purposes of this section; and\n    (b) provision for investing jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section; and\n    (c) provision fixing fees to be paid in respect of any matters under regulations made for the purposes of this section.\n  (2) Subsection (1) 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 that subsection.","sortOrder":19},{"sectionNumber":"Part 3.6","sectionType":"part","heading":"—Contributions to the 1992 Fund","content":"An Act relating to oil pollution damage\n\nChapter 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993.\n\n#### 2 Commencement\n\n  (1) Chapters 1, 2 and 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the 1971 Convention enters into force for Australia.\n  (2) Part 3.1 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which Australia’s denunciation of the 1971 Convention takes effect.\n  (3) Chapter 3 (other than Part 3.1) commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the 1992 Protocol enters into force for Australia.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears :\n\n> Australia, when used in a geographical sense, includes all the external Territories.\n\n> Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\n> the original Convention means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, done at Brussels on 18 December 1971 (a copy of the English text of the original Convention is set out in Schedule 1).\n\n> the Supplementary Fund means The International Oil Pollution Compensation Supplementary Fund 2003 established by the 2003 Protocol.\n\n> the 1971 Convention means the original Convention as amended by the 1976 Protocol.\n\n> the 1971 Fund means The International Oil Pollution Compensation Fund established by the original Convention.\n\n> the 1976 Protocol means the Protocol of 1976 to amend the original Convention, done at London on 19 November 1976 (a copy of the English text of the 1976 Protocol is set out in Schedule 2).\n\n> the 1992 Convention means the original Convention as amended by the 1976 Protocol and the 1992 Protocol.\n\n> the 1992 Fund means The International Oil Pollution Compensation Fund 1992 established by the 1992 Convention.\n\n> the 1992 Protocol means the Protocol of 1992 to amend the 1971 Convention, done at London on 27 November 1992 (a copy of the English text of the 1992 Protocol is set out in Schedule 3), as amended by resolution LEG.2(82) adopted by the Legal Committee of the International Maritime Organization on 18 October 2000 (a copy of the English text of which is set out in Schedule 4).\n\n> the 2003 Protocol means the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 done at London on 16 May 2003.\n\n> Note: The text of the 2003 Protocol is set out in Australian Treaty Series \\[2005\\] ATNIF 21. In 2008, the text of the 2003 Protocol in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n#### 4 Act to bind Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) The Crown is not liable to be prosecuted for an offence against, or arising out of, this Act.\n\n#### 5 Operation of Act\n\n  This Act applies both within and outside Australia and extends to every external Territory.\n\n#### 5A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\nChapter 3—The 1992 Convention\n\n## Part 3.1—Repeal of Chapter 2\n\n#### 26 Repeal of Chapter 2\n\n  (1) Chapter 2 is repealed.\n  (2) The regulations may make such transitional or savings provisions as are necessary or convenient as a result of the repeal of Chapter 2.\n\n## Part 3.2—Outline of Chapter\n\n#### 27 Simplified outline\n\n  The following is a simplified outline of this Chapter:\n    (a) the 1992 Fund is liable to provide compensation for certain oil pollution damage (Part 3.5);\n    (b) certain persons who receive oil in Australian ports and terminals are liable to contribute to the 1992 Fund (Part 3.6);\n    (c) the Australian Maritime Safety Authority is empowered to collect information about contributors and give the information to the 1992 Fund (Part 3.6).\n\nDiagram showing flow of money\n\n| Oil receivers make contributions to 1992 Fund | $  | 1992 Fund | $  | Certain persons entitled to receive compensation from 1992 Fund |\n| --------------------------------------------- | --- | --------- | --- | --------------------------------------------------------------- |\n\n## Part 3.3—Interpretation\n\n#### 28 Interpretation\n\n  Unless the contrary intention appears, an expression used in this Chapter and in the 1992 Convention has the same meaning in this Chapter as in the 1992 Convention.\n\n## Part 3.4—Legal recognition of the 1992 Fund\n\n#### 29 1992 Fund is a legal person\n\n  For the purposes of this Chapter, the 1992 Fund has the same legal personality as a company incorporated under the Corporations Act 2001 and, in particular, may sue and be sued.\n\n#### 30 Director of the 1992 Fund is the legal representative of the 1992 Fund\n\n  For the purposes of this Chapter, the Director of the 1992 Fund is the legal representative of the 1992 Fund.\n\n## Part 3.5—Compensation\n\n#### 31 Certain provisions of the 1992 Convention to have the force of law\n\n  (1) The following provisions of the 1992 Convention have the force of law as part of the law of the Commonwealth:\n  Articles 1, 3, 4 and 6, paragraphs 1, 3, 5 and 6 of Article 7, Article 9, Article 35, Article 36 bis, paragraph (e) of Article 36 quater and Article 36 quinquies.\n  (2) For the purposes of paragraph 7 of Article 4 of the 1992 Convention as so having the force of law, a request by the Authority is taken to be a request by Australia.\n\n#### 32 Claims for compensation\n\n  (1) This section applies to an action against the 1992 Fund for compensation under Article 4 of the 1992 Convention.\n  (2) The action may be brought in the Federal Court of Australia or in the Supreme Court of a State or Territory.\n  (3) The court in which an action has been brought may, by order, transfer the proceedings to another court that has jurisdiction with respect to the action.\n  (4) The transfer may be made at any stage of the proceedings.\n  (5) The court may transfer proceedings on application or on its own initiative.\n  (6) If proceedings are transferred from a court:\n    (a) all documents filed, and money or guarantees lodged, in that court in those proceedings must be transmitted by the Registrar or other proper officer of that court to the Registrar or other proper officer of the court to which the proceedings are transferred; and\n    (b) the court to which the proceedings are transferred must proceed as if:\n    (i) the proceedings had originally been instituted in that court; and\n    (ii) the same proceedings had been taken in that court as had been taken in the court from which the proceedings were transferred.\n\n#### 33 1992 Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981\n\n  The 1992 Fund may intervene in proceedings for compensation arising under Part II of the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 34 Regulations to give effect to Article 8 of the 1992 Convention\n\n  (1) The regulations may make provision for and in relation to giving effect to Article 8 of the 1992 Convention, including:\n    (a) provision for investing the Supreme Courts of the States with federal jurisdiction and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made for the purposes of this section; and\n    (b) provision for investing jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section; and\n    (c) provision fixing fees to be paid in respect of any matters under regulations made for the purposes of this section.\n  (2) Subsection (1) 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 that subsection.\n\n## Part 3.6—Contributions to the 1992 Fund\n\n### Division 1—Liability to make contributions\n\n#### 35 Liability to contribute to the 1992 Fund\n\n  (1) Article 10 of the 1992 Convention (other than subparagraph 2(b)), in so far as it relates to ports or terminal installations in Australia, has the force of law as part of the law of the Commonwealth.\n  (2) A person is not liable to contribute to the 1992 Fund because of this Part unless the contributions are imposed by an Act other than this Act.\n  (3) For the purposes of Article 10 of the 1992 Convention as applied by subsection (1), a person (the first person) is an associated person in relation to another person (the second person) if, and only if:\n    (a) both the first person and the second person are bodies corporate; and\n    (b) the first person and the second person are related to each other within the meaning of section 50 of the Corporations Act 2001.\n  (4) For the purposes of this Part (including a provision of the 1992 Convention as applied by this Part), a contribution required to be paid because of this Part is payable to the 1992 Fund as agent of the Commonwealth.\n\n#### 36 Amount of contributions\n\n  Paragraphs 2 and 3 of Article 12 of the 1992 Convention, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth.\n\n#### 37 When contributions are due and payable\n\n  Contributions required to be paid by a person because of this Part are due and payable on the day ascertained under paragraph 4 of Article 12 of the 1992 Convention.\n\n#### 38 Transitional\n\n  Article 36 ter of the 1992 Convention, in so far as it relates to Australia, has the force of law as part of the law of the Commonwealth.\n\n### Division 2—Recovery of contributions etc.\n\n#### 39 Late payment penalty\n\n  (1) If:\n    (a) any annual contribution payable by a person because of this Part remains unpaid after the time when it became due for payment; and\n    (b) the Internal Regulations of the 1992 Fund have fixed, or provided for a method of determining, one or more annual interest rates (IR rates) in accordance with paragraph 1 of Article 13 of the 1992 Convention;\n  the person is liable to pay, by way of penalty, an amount (late payment penalty). Late payment penalty is calculated at the annual percentage rate equal to whichever of the IR rates is applicable to the person’s circumstances, on the amount unpaid, computed from that time.\n  (2) Late payment penalty is payable to the 1992 Fund on behalf of the Commonwealth.\n\n#### 40 1992 Fund to be paid amounts equal to amounts of contributions\n\n  (1) Amounts received, or purporting to be received, under section 35 or 39 must be paid to the Commonwealth.\n  (2) If an amount is paid to the Commonwealth under subsection (1), the Commonwealth must pay to the 1992 Fund an amount equal to that amount.\n  (3) A payment of an amount to the 1992 Fund under subsection (2) is subject to the condition that, if the Commonwealth becomes liable to refund the whole or part of that amount, the 1992 Fund must pay to the Commonwealth an amount equivalent to the amount that the Commonwealth is liable to refund.\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of subsection (2).\n\n#### 41 Recovery of contributions and late payment penalty\n\n  (1) The following amounts may be recovered by the 1992 Fund, on behalf of the Commonwealth, as debts due to the Commonwealth:\n    (a) contributions that are required to be paid because of this Part and that are due and payable;\n    (b) late payment penalty that is due and payable.\n  (2) For the purposes of an action or proceeding under subsection (1), liability to costs is to be determined as if the 1992 Fund were a party to the action or proceeding and the Commonwealth were not a party.\n  (3) The 1992 Fund is not entitled to recover from the Commonwealth any costs or other expenses it incurs in recovering an amount referred to in subsection (1).\n\n#### 42 Regulations relating to recovery of contributions etc.\n\n  (1) The regulations may make provision for and in relation to the following:\n    (a) the methods by which contributions required to be paid because of this Part may be paid;\n    (b) the methods by which late payment penalty may be paid;\n    (c) refunds of, or of overpayments of, contributions.\n  (2) Without limiting paragraphs (1)(a) and (b), regulations made for the purposes of those paragraphs may make provision for and in relation to the making of payments using electronic funds transfer systems.\n\n### Division 3—Record‑keeping and returns etc.\n\n#### 43 Authority to inform 1992 Fund\n\n  (1) Article 15 of the 1992 Convention, in so far as it relates to Australia, has the force of law as part of the law of the Commonwealth.\n  (2) For the purposes of paragraphs 1 and 2 of Article 15 of the 1992 Convention as so having the force of law, an obligation imposed on Australia is taken to be imposed on the Authority.\n  (3) The Authority may inform the 1992 Fund of such additional matters relating to contributions as the Authority considers appropriate.\n\n#### 44 Record‑keeping and returns etc.\n\n  (1) The regulations may make provision for and in relation to requiring a person:\n    (a) to keep and retain records, where the records are relevant to ascertaining the person’s liability to make contributions required to be paid because of this Part; and\n    (b) to give information and returns to the Authority, where the information or returns are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part; and\n    (c) to:\n    (i) produce documents to the Authority; or\n    (ii) make copies of documents and give the copies to the Authority;\n    where the documents are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part.\n  (2) The regulations may provide that information or returns given to the Authority in accordance with a requirement covered by paragraph (1)(b) must be verified by statutory declaration.\n  (3) A person is entitled to be paid by the Authority reasonable compensation for making copies in the course of complying with a requirement covered by subparagraph (1)(c)(ii).\n  (4) A person is not excused from giving information or a return or producing a document or a copy of a document under regulations made for the purposes of this Division on the ground that the information or return or the production of the document or copy might tend to incriminate the person or expose the person to a penalty. However:\n    (a) giving the information or return or producing the document or copy; or\n    (b) any information, return, document or thing obtained as a direct or indirect consequence of giving the information or return or producing the document or copy;\n  is not admissible in evidence against the person in:\n    (c) criminal proceedings other than proceedings under, or arising out of, section 45 or 46; or\n    (d) proceedings for recovery of an amount of late payment penalty.\n\n#### 45 Failure to give information or returns\n\n  (1) A person commits an offence if:\n    (a) the person is required under regulations made for the purposes of this Division to give any information or return to the Authority; and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 300 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(a).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n#### 46 False information or returns\n\n  A person must not, in purported compliance with regulations made for the purposes of this Division, intentionally give information or a return that, to the person’s knowledge, is false or misleading in a material particular.\n\nPenalty: 500 penalty units.\n\nChapter 3A—The 2003 Protocol\n\n## Part 3A.1—Outline of Chapter\n\n#### 46A Simplified outline\n\n  (1) The following is a simplified outline of this Chapter:\n    (a) the Supplementary Fund is liable to provide compensation for certain oil pollution damage (Part 3A.4);\n    (b) certain persons who receive oil in Australian ports and terminals are liable to contribute to the Supplementary Fund (Division 1 of Part 3A.5);\n    (c) the Australian Maritime Safety Authority is empowered to collect information about contributors and give information to the Supplementary Fund (Division 3 of Part 3A.5).\n  (2) The purpose of the Supplementary Fund is to provide compensation to a person who has established a claim for compensation for certain oil pollution damage and who has not been able to obtain full and adequate compensation for the claim from the 1992 Fund, because the damage does or may exceed the compensation limit for that Fund.\n\nDiagram showing flow of money\n\n![](image.002.png)\n\n## Part 3A.2—Interpretation\n\n#### 46B Interpretation\n\n  Unless the contrary intention appears, an expression used in this Chapter and in the 2003 Protocol has the same meaning in this Chapter as in the 2003 Protocol.\n\n## Part 3A.3—Legal recognition of the Supplementary Fund\n\n#### 46C Supplementary Fund is a legal person\n\n  For the purposes of this Chapter, the Supplementary Fund has the same legal personality as a company incorporated under the Corporations Act 2001 and, in particular, may sue and be sued.\n\n#### 46D Director of the Supplementary Fund is the legal representative of the Supplementary Fund\n\n  For the purposes of this Chapter, the Director of the Supplementary Fund is the legal representative of the Supplementary Fund.\n\n## Part 3A.4—Compensation\n\n#### 46E Certain provisions of the 2003 Protocol to have the force of law\n\n  The following provisions of the 2003 Protocol have the force of law as part of the law of the Commonwealth:\n    (a) Article 1;\n    (b) Article 3;\n    (c) Article 4;\n    (d) Article 5, except to the extent that it imposes an obligation on the Assembly;\n    (e) Article 6;\n    (f) paragraph 1 of Article 7, to the extent that it applies paragraphs 1, 5 and 6 of Article 7 of the 1992 Convention to actions for compensation brought against the Supplementary Fund in accordance with paragraph 1 of Article 4 of the 2003 Protocol;\n    (g) paragraphs 2 and 3 of Article 7;\n    (h) Article 9;\n    (i) paragraphs 2, 3 and 4 of Article 15, except to the extent that they impose an obligation on the Assembly.\n\n#### 46F Claims for compensation\n\n  (1) This section applies to an action against the Supplementary Fund for compensation under Article 4 of the 2003 Protocol.\n  (2) The action may be brought in the Federal Court of Australia or in the Supreme Court of a State or Territory.\n  (3) The court in which an action has been brought may, by order, transfer the proceedings to another court that has jurisdiction with respect to the action.\n  (4) The transfer may be made at any stage of the proceedings.\n  (5) The court may transfer proceedings on application or on its own initiative.\n  (6) If proceedings are transferred from a court:\n    (a) all documents filed, and money or guarantees lodged, in that court in those proceedings must be transmitted by the Registrar or other proper officer of that court to the Registrar or other proper officer of the court to which the proceedings are transferred; and\n    (b) the court to which the proceedings are transferred must proceed as if:\n    (i) the proceedings had originally been instituted in that court; and\n    (ii) the same proceedings had been taken in that court as had been taken in the court from which the proceedings were transferred.\n\n#### 46G Supplementary Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981\n\n  The Supplementary Fund may intervene in proceedings for compensation arising under Part II of the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 46H Regulations to give effect to Article 8 of the 2003 Protocol\n\n  (1) The regulations may make provision for and in relation to giving effect to Article 8 of the 2003 Protocol, including:\n    (a) provision for investing the Supreme Courts of the States with federal jurisdiction and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made for the purposes of this section; and\n    (b) provision for investing jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section; and\n    (c) provision for fixing fees to be paid in respect of any matters under regulations made for the purposes of this section.\n  (2) Subsection (1) 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 that subsection.\n\n## Part 3A.5—Contributions to the Supplementary Fund\n\n### Division 1—Liability to make contributions\n\n#### 46J Liability to contribute to the Supplementary Fund\n\n  (1) Article 10 of the 2003 Protocol, in so far as it relates to ports or terminal installations in Australia, has the force of law as part of the law of the Commonwealth.\n  (2) A person is not liable to contribute to the Supplementary Fund because of this Part unless the contributions are imposed by an Act other than this Act.\n  (3) For the purposes of Article 10 of the 2003 Protocol as applied by subsection (1), a person (the first person) is an associated person in relation to another person (the second person) if, and only if:\n    (a) both the first person and the second person are bodies corporate; and\n    (b) the first person and the second person are related to each other within the meaning of section 50 of the Corporations Act 2001.\n  (4) For the purposes of this Part (including a provision of the 2003 Protocol as applied by this Part), a contribution required to be paid because of this Part is payable to the Supplementary Fund as agent of the Commonwealth.\n\n#### 46K Amount of contributions\n\n  Paragraphs 2 and 3 of Article 11 (except to the extent that they impose obligations on the Assembly), and Article 18, of the 2003 Protocol, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth.\n\n#### 46L When contributions are due and payable\n\n  Contributions required to be paid by a person because of this Part are due and payable on the day ascertained under paragraph 4 of Article 11 of the 2003 Protocol.\n\n### Division 2—Recovery of contributions etc.\n\n#### 46M Late payment penalty\n\n  (1) If:\n    (a) any annual contribution payable by a person because of this Part remains unpaid after the time when it became due for payment; and\n    (b) the Internal Regulations of the 1992 Fund have fixed, or provided for a method of determining, one or more annual interest rates (IR rates) in accordance with paragraph 1 of Article 13 of the 1992 Convention;\n  the person is liable to pay, by way of penalty, an amount (late payment penalty). Late payment penalty is calculated at the annual percentage rate equal to whichever of the IR rates is applicable to the person’s circumstances, on the amount unpaid, computed from that time.\n  (2) Late payment penalty is payable to the Supplementary Fund on behalf of the Commonwealth.\n\n#### 46N Supplementary Fund to be paid amounts equal to amounts of contributions\n\n  (1) Amounts received, or purporting to be received, under section 46J or 46M must be paid to the Commonwealth.\n  (2) If an amount is paid to the Commonwealth under subsection (1), the Commonwealth must pay to the Supplementary Fund an amount equal to that amount.\n  (3) A payment of an amount to the Supplementary Fund under subsection (2) is subject to the condition that, if the Commonwealth becomes liable to refund the whole or part of that amount, the Supplementary Fund must pay to the Commonwealth an amount equivalent to the amount that the Commonwealth is liable to refund.\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of subsection (2).\n\n#### 46P Recovery of contributions and late payment penalty\n\n  (1) The following amounts may be recovered by the Supplementary Fund, on behalf of the Commonwealth, as debts due to the Commonwealth:\n    (a) contributions that are required to be paid because of this Part and that are due and payable;\n    (b) late payment penalty that is due and payable.\n  (2) For the purposes of an action or proceeding under subsection (1), liability to costs is to be determined as if the Supplementary Fund were a party to the action or proceeding and the Commonwealth were not a party.\n  (3) The Supplementary Fund is not entitled to recover from the Commonwealth any costs or other expenses it incurs in recovering an amount referred to in subsection (1).\n\n#### 46Q Regulations relating to recovery of contributions etc.\n\n  (1) The regulations may make provision for and in relation to the following:\n    (a) the methods by which contributions required to be paid because of this Part may be paid;\n    (b) the methods by which late payment penalty may be paid;\n    (c) refunds of, or of overpayments of, contributions.\n  (2) Without limiting paragraphs (1)(a) and (b), regulations made for the purposes of those paragraphs may make provision for and in relation to the making of payments using electronic funds transfer systems.\n\n### Division 3—Record‑keeping and returns etc.\n\n#### 46R Authority to inform Supplementary Fund\n\n  (1) Article 13, paragraph 1 of Article 15, and Article 20 of the 2003 Protocol, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth.\n  (2) For the purposes of the following provisions of the 2003 Protocol:\n    (a) Article 13; and\n    (b) paragraph 1 of Article 15; and\n    (c) Article 20, in so far as it relates to annual communications made after the instrument referred to in paragraph 4 of Article 19 is deposited;\n  as so having the force of law, an obligation imposed on Australia is taken to be imposed on the Authority.\n  (3) The Authority may inform the Supplementary Fund of such additional matters relating to contributions as the Authority considers appropriate.\n\n#### 46S Record‑keeping and returns etc.\n\n  (1) The regulations may make provision for and in relation to requiring a person:\n    (a) to keep and retain records, where the records are relevant to ascertaining the person’s liability to make contributions required to be paid because of this Part; and\n    (b) to give information and returns to the Authority, where the information or returns are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part; and\n    (c) to:\n    (i) produce documents to the Authority; or\n    (ii) make copies of documents and give the copies to the Authority;\n    where the documents are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part.\n  (2) The regulations may provide that information or returns given to the Authority in accordance with a requirement covered by paragraph (1)(b) must be verified by statutory declaration.\n  (3) A person is entitled to be paid by the Authority reasonable compensation for making copies in the course of complying with a requirement covered by subparagraph (1)(c)(ii).\n  (4) A person is not excused from giving information or a return or producing a document or a copy of a document under regulations made for the purposes of this Division on the ground that the information or return or the production of the document or copy might tend to incriminate the person or expose the person to a penalty. However:\n    (a) giving the information or return or producing the document or copy; or\n    (b) any information, return, document or thing obtained as a direct or indirect consequence of giving the information or return or producing the document or copy;\n  is not admissible in evidence against the person in:\n    (c) criminal proceedings other than proceedings under, or arising out of, section 46R or 46S; or\n    (d) proceedings for recovery of an amount of late payment penalty.\n\n#### 46T Failure to give information or returns\n\n  (1) A person commits an offence if:\n    (a) the person is required under regulations made for the purposes of this Division to give any information or return to the Authority; and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 300 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(a).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n#### 46U False information or returns\n\n  A person must not, in purported compliance with regulations made for the purposes of this Division, intentionally give information or a return that, to the person’s knowledge, is false or misleading in a material particular.\n\nPenalty: 500 penalty units.\n\nChapter 4—Miscellaneous\n\n#### 46V 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.\n  (4) A partner does not commit an offence because of subsection (3) if the partner:\n    (a) does not know of the circumstances that constitute the contravention of the provision concerned; or\n    (b) knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the partner becomes aware of those circumstances.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### 46W 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.\n  (4) A member of the association’s committee of management does not commit an offence because of subsection (3) if the member:\n    (a) does not know of the circumstances that constitute the contravention of the provision concerned; or\n    (b) knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the member becomes aware of those circumstances.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### 47 Regulations\n\n  (1) 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.\n  (2) The regulations may prescribe penalties not exceeding a fine of 10 penalty units for offences against the regulations.","sortOrder":20},{"sectionNumber":"Division 1","sectionType":"division","heading":"Liability to make contributions","content":"An Act relating to oil pollution damage\n\nChapter 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993.\n\n#### 2 Commencement\n\n  (1) Chapters 1, 2 and 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the 1971 Convention enters into force for Australia.\n  (2) Part 3.1 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which Australia’s denunciation of the 1971 Convention takes effect.\n  (3) Chapter 3 (other than Part 3.1) commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the 1992 Protocol enters into force for Australia.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears :\n\n> Australia, when used in a geographical sense, includes all the external Territories.\n\n> Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\n> the original Convention means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, done at Brussels on 18 December 1971 (a copy of the English text of the original Convention is set out in Schedule 1).\n\n> the Supplementary Fund means The International Oil Pollution Compensation Supplementary Fund 2003 established by the 2003 Protocol.\n\n> the 1971 Convention means the original Convention as amended by the 1976 Protocol.\n\n> the 1971 Fund means The International Oil Pollution Compensation Fund established by the original Convention.\n\n> the 1976 Protocol means the Protocol of 1976 to amend the original Convention, done at London on 19 November 1976 (a copy of the English text of the 1976 Protocol is set out in Schedule 2).\n\n> the 1992 Convention means the original Convention as amended by the 1976 Protocol and the 1992 Protocol.\n\n> the 1992 Fund means The International Oil Pollution Compensation Fund 1992 established by the 1992 Convention.\n\n> the 1992 Protocol means the Protocol of 1992 to amend the 1971 Convention, done at London on 27 November 1992 (a copy of the English text of the 1992 Protocol is set out in Schedule 3), as amended by resolution LEG.2(82) adopted by the Legal Committee of the International Maritime Organization on 18 October 2000 (a copy of the English text of which is set out in Schedule 4).\n\n> the 2003 Protocol means the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 done at London on 16 May 2003.\n\n> Note: The text of the 2003 Protocol is set out in Australian Treaty Series \\[2005\\] ATNIF 21. In 2008, the text of the 2003 Protocol in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n#### 4 Act to bind Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) The Crown is not liable to be prosecuted for an offence against, or arising out of, this Act.\n\n#### 5 Operation of Act\n\n  This Act applies both within and outside Australia and extends to every external Territory.\n\n#### 5A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\nChapter 3—The 1992 Convention\n\n## Part 3.1—Repeal of Chapter 2\n\n#### 26 Repeal of Chapter 2\n\n  (1) Chapter 2 is repealed.\n  (2) The regulations may make such transitional or savings provisions as are necessary or convenient as a result of the repeal of Chapter 2.\n\n## Part 3.2—Outline of Chapter\n\n#### 27 Simplified outline\n\n  The following is a simplified outline of this Chapter:\n    (a) the 1992 Fund is liable to provide compensation for certain oil pollution damage (Part 3.5);\n    (b) certain persons who receive oil in Australian ports and terminals are liable to contribute to the 1992 Fund (Part 3.6);\n    (c) the Australian Maritime Safety Authority is empowered to collect information about contributors and give the information to the 1992 Fund (Part 3.6).\n\nDiagram showing flow of money\n\n| Oil receivers make contributions to 1992 Fund | $  | 1992 Fund | $  | Certain persons entitled to receive compensation from 1992 Fund |\n| --------------------------------------------- | --- | --------- | --- | --------------------------------------------------------------- |\n\n## Part 3.3—Interpretation\n\n#### 28 Interpretation\n\n  Unless the contrary intention appears, an expression used in this Chapter and in the 1992 Convention has the same meaning in this Chapter as in the 1992 Convention.\n\n## Part 3.4—Legal recognition of the 1992 Fund\n\n#### 29 1992 Fund is a legal person\n\n  For the purposes of this Chapter, the 1992 Fund has the same legal personality as a company incorporated under the Corporations Act 2001 and, in particular, may sue and be sued.\n\n#### 30 Director of the 1992 Fund is the legal representative of the 1992 Fund\n\n  For the purposes of this Chapter, the Director of the 1992 Fund is the legal representative of the 1992 Fund.\n\n## Part 3.5—Compensation\n\n#### 31 Certain provisions of the 1992 Convention to have the force of law\n\n  (1) The following provisions of the 1992 Convention have the force of law as part of the law of the Commonwealth:\n  Articles 1, 3, 4 and 6, paragraphs 1, 3, 5 and 6 of Article 7, Article 9, Article 35, Article 36 bis, paragraph (e) of Article 36 quater and Article 36 quinquies.\n  (2) For the purposes of paragraph 7 of Article 4 of the 1992 Convention as so having the force of law, a request by the Authority is taken to be a request by Australia.\n\n#### 32 Claims for compensation\n\n  (1) This section applies to an action against the 1992 Fund for compensation under Article 4 of the 1992 Convention.\n  (2) The action may be brought in the Federal Court of Australia or in the Supreme Court of a State or Territory.\n  (3) The court in which an action has been brought may, by order, transfer the proceedings to another court that has jurisdiction with respect to the action.\n  (4) The transfer may be made at any stage of the proceedings.\n  (5) The court may transfer proceedings on application or on its own initiative.\n  (6) If proceedings are transferred from a court:\n    (a) all documents filed, and money or guarantees lodged, in that court in those proceedings must be transmitted by the Registrar or other proper officer of that court to the Registrar or other proper officer of the court to which the proceedings are transferred; and\n    (b) the court to which the proceedings are transferred must proceed as if:\n    (i) the proceedings had originally been instituted in that court; and\n    (ii) the same proceedings had been taken in that court as had been taken in the court from which the proceedings were transferred.\n\n#### 33 1992 Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981\n\n  The 1992 Fund may intervene in proceedings for compensation arising under Part II of the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 34 Regulations to give effect to Article 8 of the 1992 Convention\n\n  (1) The regulations may make provision for and in relation to giving effect to Article 8 of the 1992 Convention, including:\n    (a) provision for investing the Supreme Courts of the States with federal jurisdiction and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made for the purposes of this section; and\n    (b) provision for investing jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section; and\n    (c) provision fixing fees to be paid in respect of any matters under regulations made for the purposes of this section.\n  (2) Subsection (1) 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 that subsection.\n\n## Part 3.6—Contributions to the 1992 Fund\n\n### Division 1—Liability to make contributions\n\n#### 35 Liability to contribute to the 1992 Fund\n\n  (1) Article 10 of the 1992 Convention (other than subparagraph 2(b)), in so far as it relates to ports or terminal installations in Australia, has the force of law as part of the law of the Commonwealth.\n  (2) A person is not liable to contribute to the 1992 Fund because of this Part unless the contributions are imposed by an Act other than this Act.\n  (3) For the purposes of Article 10 of the 1992 Convention as applied by subsection (1), a person (the first person) is an associated person in relation to another person (the second person) if, and only if:\n    (a) both the first person and the second person are bodies corporate; and\n    (b) the first person and the second person are related to each other within the meaning of section 50 of the Corporations Act 2001.\n  (4) For the purposes of this Part (including a provision of the 1992 Convention as applied by this Part), a contribution required to be paid because of this Part is payable to the 1992 Fund as agent of the Commonwealth.\n\n#### 36 Amount of contributions\n\n  Paragraphs 2 and 3 of Article 12 of the 1992 Convention, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth.\n\n#### 37 When contributions are due and payable\n\n  Contributions required to be paid by a person because of this Part are due and payable on the day ascertained under paragraph 4 of Article 12 of the 1992 Convention.\n\n#### 38 Transitional\n\n  Article 36 ter of the 1992 Convention, in so far as it relates to Australia, has the force of law as part of the law of the Commonwealth.\n\n### Division 2—Recovery of contributions etc.\n\n#### 39 Late payment penalty\n\n  (1) If:\n    (a) any annual contribution payable by a person because of this Part remains unpaid after the time when it became due for payment; and\n    (b) the Internal Regulations of the 1992 Fund have fixed, or provided for a method of determining, one or more annual interest rates (IR rates) in accordance with paragraph 1 of Article 13 of the 1992 Convention;\n  the person is liable to pay, by way of penalty, an amount (late payment penalty). Late payment penalty is calculated at the annual percentage rate equal to whichever of the IR rates is applicable to the person’s circumstances, on the amount unpaid, computed from that time.\n  (2) Late payment penalty is payable to the 1992 Fund on behalf of the Commonwealth.\n\n#### 40 1992 Fund to be paid amounts equal to amounts of contributions\n\n  (1) Amounts received, or purporting to be received, under section 35 or 39 must be paid to the Commonwealth.\n  (2) If an amount is paid to the Commonwealth under subsection (1), the Commonwealth must pay to the 1992 Fund an amount equal to that amount.\n  (3) A payment of an amount to the 1992 Fund under subsection (2) is subject to the condition that, if the Commonwealth becomes liable to refund the whole or part of that amount, the 1992 Fund must pay to the Commonwealth an amount equivalent to the amount that the Commonwealth is liable to refund.\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of subsection (2).\n\n#### 41 Recovery of contributions and late payment penalty\n\n  (1) The following amounts may be recovered by the 1992 Fund, on behalf of the Commonwealth, as debts due to the Commonwealth:\n    (a) contributions that are required to be paid because of this Part and that are due and payable;\n    (b) late payment penalty that is due and payable.\n  (2) For the purposes of an action or proceeding under subsection (1), liability to costs is to be determined as if the 1992 Fund were a party to the action or proceeding and the Commonwealth were not a party.\n  (3) The 1992 Fund is not entitled to recover from the Commonwealth any costs or other expenses it incurs in recovering an amount referred to in subsection (1).\n\n#### 42 Regulations relating to recovery of contributions etc.\n\n  (1) The regulations may make provision for and in relation to the following:\n    (a) the methods by which contributions required to be paid because of this Part may be paid;\n    (b) the methods by which late payment penalty may be paid;\n    (c) refunds of, or of overpayments of, contributions.\n  (2) Without limiting paragraphs (1)(a) and (b), regulations made for the purposes of those paragraphs may make provision for and in relation to the making of payments using electronic funds transfer systems.\n\n### Division 3—Record‑keeping and returns etc.\n\n#### 43 Authority to inform 1992 Fund\n\n  (1) Article 15 of the 1992 Convention, in so far as it relates to Australia, has the force of law as part of the law of the Commonwealth.\n  (2) For the purposes of paragraphs 1 and 2 of Article 15 of the 1992 Convention as so having the force of law, an obligation imposed on Australia is taken to be imposed on the Authority.\n  (3) The Authority may inform the 1992 Fund of such additional matters relating to contributions as the Authority considers appropriate.\n\n#### 44 Record‑keeping and returns etc.\n\n  (1) The regulations may make provision for and in relation to requiring a person:\n    (a) to keep and retain records, where the records are relevant to ascertaining the person’s liability to make contributions required to be paid because of this Part; and\n    (b) to give information and returns to the Authority, where the information or returns are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part; and\n    (c) to:\n    (i) produce documents to the Authority; or\n    (ii) make copies of documents and give the copies to the Authority;\n    where the documents are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part.\n  (2) The regulations may provide that information or returns given to the Authority in accordance with a requirement covered by paragraph (1)(b) must be verified by statutory declaration.\n  (3) A person is entitled to be paid by the Authority reasonable compensation for making copies in the course of complying with a requirement covered by subparagraph (1)(c)(ii).\n  (4) A person is not excused from giving information or a return or producing a document or a copy of a document under regulations made for the purposes of this Division on the ground that the information or return or the production of the document or copy might tend to incriminate the person or expose the person to a penalty. However:\n    (a) giving the information or return or producing the document or copy; or\n    (b) any information, return, document or thing obtained as a direct or indirect consequence of giving the information or return or producing the document or copy;\n  is not admissible in evidence against the person in:\n    (c) criminal proceedings other than proceedings under, or arising out of, section 45 or 46; or\n    (d) proceedings for recovery of an amount of late payment penalty.\n\n#### 45 Failure to give information or returns\n\n  (1) A person commits an offence if:\n    (a) the person is required under regulations made for the purposes of this Division to give any information or return to the Authority; and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 300 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(a).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n#### 46 False information or returns\n\n  A person must not, in purported compliance with regulations made for the purposes of this Division, intentionally give information or a return that, to the person’s knowledge, is false or misleading in a material particular.\n\nPenalty: 500 penalty units.\n\nChapter 3A—The 2003 Protocol\n\n## Part 3A.1—Outline of Chapter\n\n#### 46A Simplified outline\n\n  (1) The following is a simplified outline of this Chapter:\n    (a) the Supplementary Fund is liable to provide compensation for certain oil pollution damage (Part 3A.4);\n    (b) certain persons who receive oil in Australian ports and terminals are liable to contribute to the Supplementary Fund (Division 1 of Part 3A.5);\n    (c) the Australian Maritime Safety Authority is empowered to collect information about contributors and give information to the Supplementary Fund (Division 3 of Part 3A.5).\n  (2) The purpose of the Supplementary Fund is to provide compensation to a person who has established a claim for compensation for certain oil pollution damage and who has not been able to obtain full and adequate compensation for the claim from the 1992 Fund, because the damage does or may exceed the compensation limit for that Fund.\n\nDiagram showing flow of money\n\n![](image.002.png)\n\n## Part 3A.2—Interpretation\n\n#### 46B Interpretation\n\n  Unless the contrary intention appears, an expression used in this Chapter and in the 2003 Protocol has the same meaning in this Chapter as in the 2003 Protocol.\n\n## Part 3A.3—Legal recognition of the Supplementary Fund\n\n#### 46C Supplementary Fund is a legal person\n\n  For the purposes of this Chapter, the Supplementary Fund has the same legal personality as a company incorporated under the Corporations Act 2001 and, in particular, may sue and be sued.\n\n#### 46D Director of the Supplementary Fund is the legal representative of the Supplementary Fund\n\n  For the purposes of this Chapter, the Director of the Supplementary Fund is the legal representative of the Supplementary Fund.\n\n## Part 3A.4—Compensation\n\n#### 46E Certain provisions of the 2003 Protocol to have the force of law\n\n  The following provisions of the 2003 Protocol have the force of law as part of the law of the Commonwealth:\n    (a) Article 1;\n    (b) Article 3;\n    (c) Article 4;\n    (d) Article 5, except to the extent that it imposes an obligation on the Assembly;\n    (e) Article 6;\n    (f) paragraph 1 of Article 7, to the extent that it applies paragraphs 1, 5 and 6 of Article 7 of the 1992 Convention to actions for compensation brought against the Supplementary Fund in accordance with paragraph 1 of Article 4 of the 2003 Protocol;\n    (g) paragraphs 2 and 3 of Article 7;\n    (h) Article 9;\n    (i) paragraphs 2, 3 and 4 of Article 15, except to the extent that they impose an obligation on the Assembly.\n\n#### 46F Claims for compensation\n\n  (1) This section applies to an action against the Supplementary Fund for compensation under Article 4 of the 2003 Protocol.\n  (2) The action may be brought in the Federal Court of Australia or in the Supreme Court of a State or Territory.\n  (3) The court in which an action has been brought may, by order, transfer the proceedings to another court that has jurisdiction with respect to the action.\n  (4) The transfer may be made at any stage of the proceedings.\n  (5) The court may transfer proceedings on application or on its own initiative.\n  (6) If proceedings are transferred from a court:\n    (a) all documents filed, and money or guarantees lodged, in that court in those proceedings must be transmitted by the Registrar or other proper officer of that court to the Registrar or other proper officer of the court to which the proceedings are transferred; and\n    (b) the court to which the proceedings are transferred must proceed as if:\n    (i) the proceedings had originally been instituted in that court; and\n    (ii) the same proceedings had been taken in that court as had been taken in the court from which the proceedings were transferred.\n\n#### 46G Supplementary Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981\n\n  The Supplementary Fund may intervene in proceedings for compensation arising under Part II of the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 46H Regulations to give effect to Article 8 of the 2003 Protocol\n\n  (1) The regulations may make provision for and in relation to giving effect to Article 8 of the 2003 Protocol, including:\n    (a) provision for investing the Supreme Courts of the States with federal jurisdiction and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made for the purposes of this section; and\n    (b) provision for investing jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section; and\n    (c) provision for fixing fees to be paid in respect of any matters under regulations made for the purposes of this section.\n  (2) Subsection (1) 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 that subsection.\n\n## Part 3A.5—Contributions to the Supplementary Fund\n\n### Division 1—Liability to make contributions\n\n#### 46J Liability to contribute to the Supplementary Fund\n\n  (1) Article 10 of the 2003 Protocol, in so far as it relates to ports or terminal installations in Australia, has the force of law as part of the law of the Commonwealth.\n  (2) A person is not liable to contribute to the Supplementary Fund because of this Part unless the contributions are imposed by an Act other than this Act.\n  (3) For the purposes of Article 10 of the 2003 Protocol as applied by subsection (1), a person (the first person) is an associated person in relation to another person (the second person) if, and only if:\n    (a) both the first person and the second person are bodies corporate; and\n    (b) the first person and the second person are related to each other within the meaning of section 50 of the Corporations Act 2001.\n  (4) For the purposes of this Part (including a provision of the 2003 Protocol as applied by this Part), a contribution required to be paid because of this Part is payable to the Supplementary Fund as agent of the Commonwealth.\n\n#### 46K Amount of contributions\n\n  Paragraphs 2 and 3 of Article 11 (except to the extent that they impose obligations on the Assembly), and Article 18, of the 2003 Protocol, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth.\n\n#### 46L When contributions are due and payable\n\n  Contributions required to be paid by a person because of this Part are due and payable on the day ascertained under paragraph 4 of Article 11 of the 2003 Protocol.\n\n### Division 2—Recovery of contributions etc.\n\n#### 46M Late payment penalty\n\n  (1) If:\n    (a) any annual contribution payable by a person because of this Part remains unpaid after the time when it became due for payment; and\n    (b) the Internal Regulations of the 1992 Fund have fixed, or provided for a method of determining, one or more annual interest rates (IR rates) in accordance with paragraph 1 of Article 13 of the 1992 Convention;\n  the person is liable to pay, by way of penalty, an amount (late payment penalty). Late payment penalty is calculated at the annual percentage rate equal to whichever of the IR rates is applicable to the person’s circumstances, on the amount unpaid, computed from that time.\n  (2) Late payment penalty is payable to the Supplementary Fund on behalf of the Commonwealth.\n\n#### 46N Supplementary Fund to be paid amounts equal to amounts of contributions\n\n  (1) Amounts received, or purporting to be received, under section 46J or 46M must be paid to the Commonwealth.\n  (2) If an amount is paid to the Commonwealth under subsection (1), the Commonwealth must pay to the Supplementary Fund an amount equal to that amount.\n  (3) A payment of an amount to the Supplementary Fund under subsection (2) is subject to the condition that, if the Commonwealth becomes liable to refund the whole or part of that amount, the Supplementary Fund must pay to the Commonwealth an amount equivalent to the amount that the Commonwealth is liable to refund.\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of subsection (2).\n\n#### 46P Recovery of contributions and late payment penalty\n\n  (1) The following amounts may be recovered by the Supplementary Fund, on behalf of the Commonwealth, as debts due to the Commonwealth:\n    (a) contributions that are required to be paid because of this Part and that are due and payable;\n    (b) late payment penalty that is due and payable.\n  (2) For the purposes of an action or proceeding under subsection (1), liability to costs is to be determined as if the Supplementary Fund were a party to the action or proceeding and the Commonwealth were not a party.\n  (3) The Supplementary Fund is not entitled to recover from the Commonwealth any costs or other expenses it incurs in recovering an amount referred to in subsection (1).\n\n#### 46Q Regulations relating to recovery of contributions etc.\n\n  (1) The regulations may make provision for and in relation to the following:\n    (a) the methods by which contributions required to be paid because of this Part may be paid;\n    (b) the methods by which late payment penalty may be paid;\n    (c) refunds of, or of overpayments of, contributions.\n  (2) Without limiting paragraphs (1)(a) and (b), regulations made for the purposes of those paragraphs may make provision for and in relation to the making of payments using electronic funds transfer systems.\n\n### Division 3—Record‑keeping and returns etc.\n\n#### 46R Authority to inform Supplementary Fund\n\n  (1) Article 13, paragraph 1 of Article 15, and Article 20 of the 2003 Protocol, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth.\n  (2) For the purposes of the following provisions of the 2003 Protocol:\n    (a) Article 13; and\n    (b) paragraph 1 of Article 15; and\n    (c) Article 20, in so far as it relates to annual communications made after the instrument referred to in paragraph 4 of Article 19 is deposited;\n  as so having the force of law, an obligation imposed on Australia is taken to be imposed on the Authority.\n  (3) The Authority may inform the Supplementary Fund of such additional matters relating to contributions as the Authority considers appropriate.\n\n#### 46S Record‑keeping and returns etc.\n\n  (1) The regulations may make provision for and in relation to requiring a person:\n    (a) to keep and retain records, where the records are relevant to ascertaining the person’s liability to make contributions required to be paid because of this Part; and\n    (b) to give information and returns to the Authority, where the information or returns are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part; and\n    (c) to:\n    (i) produce documents to the Authority; or\n    (ii) make copies of documents and give the copies to the Authority;\n    where the documents are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part.\n  (2) The regulations may provide that information or returns given to the Authority in accordance with a requirement covered by paragraph (1)(b) must be verified by statutory declaration.\n  (3) A person is entitled to be paid by the Authority reasonable compensation for making copies in the course of complying with a requirement covered by subparagraph (1)(c)(ii).\n  (4) A person is not excused from giving information or a return or producing a document or a copy of a document under regulations made for the purposes of this Division on the ground that the information or return or the production of the document or copy might tend to incriminate the person or expose the person to a penalty. However:\n    (a) giving the information or return or producing the document or copy; or\n    (b) any information, return, document or thing obtained as a direct or indirect consequence of giving the information or return or producing the document or copy;\n  is not admissible in evidence against the person in:\n    (c) criminal proceedings other than proceedings under, or arising out of, section 46R or 46S; or\n    (d) proceedings for recovery of an amount of late payment penalty.\n\n#### 46T Failure to give information or returns\n\n  (1) A person commits an offence if:\n    (a) the person is required under regulations made for the purposes of this Division to give any information or return to the Authority; and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 300 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(a).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n#### 46U False information or returns\n\n  A person must not, in purported compliance with regulations made for the purposes of this Division, intentionally give information or a return that, to the person’s knowledge, is false or misleading in a material particular.\n\nPenalty: 500 penalty units.\n\nChapter 4—Miscellaneous\n\n#### 46V 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.\n  (4) A partner does not commit an offence because of subsection (3) if the partner:\n    (a) does not know of the circumstances that constitute the contravention of the provision concerned; or\n    (b) knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the partner becomes aware of those circumstances.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### 46W 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.\n  (4) A member of the association’s committee of management does not commit an offence because of subsection (3) if the member:\n    (a) does not know of the circumstances that constitute the contravention of the provision concerned; or\n    (b) knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the member becomes aware of those circumstances.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### 47 Regulations\n\n  (1) 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.\n  (2) The regulations may prescribe penalties not exceeding a fine of 10 penalty units for offences against the regulations.","sortOrder":21},{"sectionNumber":"35","sectionType":"section","heading":"Liability to contribute to the 1992 Fund","content":"#### 35 Liability to contribute to the 1992 Fund\n\n  (1) Article 10 of the 1992 Convention (other than subparagraph 2(b)), in so far as it relates to ports or terminal installations in Australia, has the force of law as part of the law of the Commonwealth.\n  (2) A person is not liable to contribute to the 1992 Fund because of this Part unless the contributions are imposed by an Act other than this Act.\n  (3) For the purposes of Article 10 of the 1992 Convention as applied by subsection (1), a person (the first person) is an associated person in relation to another person (the second person) if, and only if:\n    (a) both the first person and the second person are bodies corporate; and\n    (b) the first person and the second person are related to each other within the meaning of section 50 of the Corporations Act 2001.\n  (4) For the purposes of this Part (including a provision of the 1992 Convention as applied by this Part), a contribution required to be paid because of this Part is payable to the 1992 Fund as agent of the Commonwealth.","sortOrder":22},{"sectionNumber":"36","sectionType":"section","heading":"Amount of contributions","content":"#### 36 Amount of contributions\n\n  Paragraphs 2 and 3 of Article 12 of the 1992 Convention, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth.","sortOrder":23},{"sectionNumber":"37","sectionType":"section","heading":"When contributions are due and payable","content":"#### 37 When contributions are due and payable\n\n  Contributions required to be paid by a person because of this Part are due and payable on the day ascertained under paragraph 4 of Article 12 of the 1992 Convention.","sortOrder":24},{"sectionNumber":"38","sectionType":"section","heading":"Transitional","content":"#### 38 Transitional\n\n  Article 36 ter of the 1992 Convention, in so far as it relates to Australia, has the force of law as part of the law of the Commonwealth.","sortOrder":25},{"sectionNumber":"Division 2","sectionType":"division","heading":"Recovery of contributions etc.","content":"An Act relating to oil pollution damage\n\nChapter 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993.\n\n#### 2 Commencement\n\n  (1) Chapters 1, 2 and 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the 1971 Convention enters into force for Australia.\n  (2) Part 3.1 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which Australia’s denunciation of the 1971 Convention takes effect.\n  (3) Chapter 3 (other than Part 3.1) commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the 1992 Protocol enters into force for Australia.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears :\n\n> Australia, when used in a geographical sense, includes all the external Territories.\n\n> Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\n> the original Convention means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, done at Brussels on 18 December 1971 (a copy of the English text of the original Convention is set out in Schedule 1).\n\n> the Supplementary Fund means The International Oil Pollution Compensation Supplementary Fund 2003 established by the 2003 Protocol.\n\n> the 1971 Convention means the original Convention as amended by the 1976 Protocol.\n\n> the 1971 Fund means The International Oil Pollution Compensation Fund established by the original Convention.\n\n> the 1976 Protocol means the Protocol of 1976 to amend the original Convention, done at London on 19 November 1976 (a copy of the English text of the 1976 Protocol is set out in Schedule 2).\n\n> the 1992 Convention means the original Convention as amended by the 1976 Protocol and the 1992 Protocol.\n\n> the 1992 Fund means The International Oil Pollution Compensation Fund 1992 established by the 1992 Convention.\n\n> the 1992 Protocol means the Protocol of 1992 to amend the 1971 Convention, done at London on 27 November 1992 (a copy of the English text of the 1992 Protocol is set out in Schedule 3), as amended by resolution LEG.2(82) adopted by the Legal Committee of the International Maritime Organization on 18 October 2000 (a copy of the English text of which is set out in Schedule 4).\n\n> the 2003 Protocol means the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 done at London on 16 May 2003.\n\n> Note: The text of the 2003 Protocol is set out in Australian Treaty Series \\[2005\\] ATNIF 21. In 2008, the text of the 2003 Protocol in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n#### 4 Act to bind Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) The Crown is not liable to be prosecuted for an offence against, or arising out of, this Act.\n\n#### 5 Operation of Act\n\n  This Act applies both within and outside Australia and extends to every external Territory.\n\n#### 5A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\nChapter 3—The 1992 Convention\n\n## Part 3.1—Repeal of Chapter 2\n\n#### 26 Repeal of Chapter 2\n\n  (1) Chapter 2 is repealed.\n  (2) The regulations may make such transitional or savings provisions as are necessary or convenient as a result of the repeal of Chapter 2.\n\n## Part 3.2—Outline of Chapter\n\n#### 27 Simplified outline\n\n  The following is a simplified outline of this Chapter:\n    (a) the 1992 Fund is liable to provide compensation for certain oil pollution damage (Part 3.5);\n    (b) certain persons who receive oil in Australian ports and terminals are liable to contribute to the 1992 Fund (Part 3.6);\n    (c) the Australian Maritime Safety Authority is empowered to collect information about contributors and give the information to the 1992 Fund (Part 3.6).\n\nDiagram showing flow of money\n\n| Oil receivers make contributions to 1992 Fund | $  | 1992 Fund | $  | Certain persons entitled to receive compensation from 1992 Fund |\n| --------------------------------------------- | --- | --------- | --- | --------------------------------------------------------------- |\n\n## Part 3.3—Interpretation\n\n#### 28 Interpretation\n\n  Unless the contrary intention appears, an expression used in this Chapter and in the 1992 Convention has the same meaning in this Chapter as in the 1992 Convention.\n\n## Part 3.4—Legal recognition of the 1992 Fund\n\n#### 29 1992 Fund is a legal person\n\n  For the purposes of this Chapter, the 1992 Fund has the same legal personality as a company incorporated under the Corporations Act 2001 and, in particular, may sue and be sued.\n\n#### 30 Director of the 1992 Fund is the legal representative of the 1992 Fund\n\n  For the purposes of this Chapter, the Director of the 1992 Fund is the legal representative of the 1992 Fund.\n\n## Part 3.5—Compensation\n\n#### 31 Certain provisions of the 1992 Convention to have the force of law\n\n  (1) The following provisions of the 1992 Convention have the force of law as part of the law of the Commonwealth:\n  Articles 1, 3, 4 and 6, paragraphs 1, 3, 5 and 6 of Article 7, Article 9, Article 35, Article 36 bis, paragraph (e) of Article 36 quater and Article 36 quinquies.\n  (2) For the purposes of paragraph 7 of Article 4 of the 1992 Convention as so having the force of law, a request by the Authority is taken to be a request by Australia.\n\n#### 32 Claims for compensation\n\n  (1) This section applies to an action against the 1992 Fund for compensation under Article 4 of the 1992 Convention.\n  (2) The action may be brought in the Federal Court of Australia or in the Supreme Court of a State or Territory.\n  (3) The court in which an action has been brought may, by order, transfer the proceedings to another court that has jurisdiction with respect to the action.\n  (4) The transfer may be made at any stage of the proceedings.\n  (5) The court may transfer proceedings on application or on its own initiative.\n  (6) If proceedings are transferred from a court:\n    (a) all documents filed, and money or guarantees lodged, in that court in those proceedings must be transmitted by the Registrar or other proper officer of that court to the Registrar or other proper officer of the court to which the proceedings are transferred; and\n    (b) the court to which the proceedings are transferred must proceed as if:\n    (i) the proceedings had originally been instituted in that court; and\n    (ii) the same proceedings had been taken in that court as had been taken in the court from which the proceedings were transferred.\n\n#### 33 1992 Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981\n\n  The 1992 Fund may intervene in proceedings for compensation arising under Part II of the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 34 Regulations to give effect to Article 8 of the 1992 Convention\n\n  (1) The regulations may make provision for and in relation to giving effect to Article 8 of the 1992 Convention, including:\n    (a) provision for investing the Supreme Courts of the States with federal jurisdiction and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made for the purposes of this section; and\n    (b) provision for investing jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section; and\n    (c) provision fixing fees to be paid in respect of any matters under regulations made for the purposes of this section.\n  (2) Subsection (1) 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 that subsection.\n\n## Part 3.6—Contributions to the 1992 Fund\n\n### Division 1—Liability to make contributions\n\n#### 35 Liability to contribute to the 1992 Fund\n\n  (1) Article 10 of the 1992 Convention (other than subparagraph 2(b)), in so far as it relates to ports or terminal installations in Australia, has the force of law as part of the law of the Commonwealth.\n  (2) A person is not liable to contribute to the 1992 Fund because of this Part unless the contributions are imposed by an Act other than this Act.\n  (3) For the purposes of Article 10 of the 1992 Convention as applied by subsection (1), a person (the first person) is an associated person in relation to another person (the second person) if, and only if:\n    (a) both the first person and the second person are bodies corporate; and\n    (b) the first person and the second person are related to each other within the meaning of section 50 of the Corporations Act 2001.\n  (4) For the purposes of this Part (including a provision of the 1992 Convention as applied by this Part), a contribution required to be paid because of this Part is payable to the 1992 Fund as agent of the Commonwealth.\n\n#### 36 Amount of contributions\n\n  Paragraphs 2 and 3 of Article 12 of the 1992 Convention, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth.\n\n#### 37 When contributions are due and payable\n\n  Contributions required to be paid by a person because of this Part are due and payable on the day ascertained under paragraph 4 of Article 12 of the 1992 Convention.\n\n#### 38 Transitional\n\n  Article 36 ter of the 1992 Convention, in so far as it relates to Australia, has the force of law as part of the law of the Commonwealth.\n\n### Division 2—Recovery of contributions etc.\n\n#### 39 Late payment penalty\n\n  (1) If:\n    (a) any annual contribution payable by a person because of this Part remains unpaid after the time when it became due for payment; and\n    (b) the Internal Regulations of the 1992 Fund have fixed, or provided for a method of determining, one or more annual interest rates (IR rates) in accordance with paragraph 1 of Article 13 of the 1992 Convention;\n  the person is liable to pay, by way of penalty, an amount (late payment penalty). Late payment penalty is calculated at the annual percentage rate equal to whichever of the IR rates is applicable to the person’s circumstances, on the amount unpaid, computed from that time.\n  (2) Late payment penalty is payable to the 1992 Fund on behalf of the Commonwealth.\n\n#### 40 1992 Fund to be paid amounts equal to amounts of contributions\n\n  (1) Amounts received, or purporting to be received, under section 35 or 39 must be paid to the Commonwealth.\n  (2) If an amount is paid to the Commonwealth under subsection (1), the Commonwealth must pay to the 1992 Fund an amount equal to that amount.\n  (3) A payment of an amount to the 1992 Fund under subsection (2) is subject to the condition that, if the Commonwealth becomes liable to refund the whole or part of that amount, the 1992 Fund must pay to the Commonwealth an amount equivalent to the amount that the Commonwealth is liable to refund.\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of subsection (2).\n\n#### 41 Recovery of contributions and late payment penalty\n\n  (1) The following amounts may be recovered by the 1992 Fund, on behalf of the Commonwealth, as debts due to the Commonwealth:\n    (a) contributions that are required to be paid because of this Part and that are due and payable;\n    (b) late payment penalty that is due and payable.\n  (2) For the purposes of an action or proceeding under subsection (1), liability to costs is to be determined as if the 1992 Fund were a party to the action or proceeding and the Commonwealth were not a party.\n  (3) The 1992 Fund is not entitled to recover from the Commonwealth any costs or other expenses it incurs in recovering an amount referred to in subsection (1).\n\n#### 42 Regulations relating to recovery of contributions etc.\n\n  (1) The regulations may make provision for and in relation to the following:\n    (a) the methods by which contributions required to be paid because of this Part may be paid;\n    (b) the methods by which late payment penalty may be paid;\n    (c) refunds of, or of overpayments of, contributions.\n  (2) Without limiting paragraphs (1)(a) and (b), regulations made for the purposes of those paragraphs may make provision for and in relation to the making of payments using electronic funds transfer systems.\n\n### Division 3—Record‑keeping and returns etc.\n\n#### 43 Authority to inform 1992 Fund\n\n  (1) Article 15 of the 1992 Convention, in so far as it relates to Australia, has the force of law as part of the law of the Commonwealth.\n  (2) For the purposes of paragraphs 1 and 2 of Article 15 of the 1992 Convention as so having the force of law, an obligation imposed on Australia is taken to be imposed on the Authority.\n  (3) The Authority may inform the 1992 Fund of such additional matters relating to contributions as the Authority considers appropriate.\n\n#### 44 Record‑keeping and returns etc.\n\n  (1) The regulations may make provision for and in relation to requiring a person:\n    (a) to keep and retain records, where the records are relevant to ascertaining the person’s liability to make contributions required to be paid because of this Part; and\n    (b) to give information and returns to the Authority, where the information or returns are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part; and\n    (c) to:\n    (i) produce documents to the Authority; or\n    (ii) make copies of documents and give the copies to the Authority;\n    where the documents are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part.\n  (2) The regulations may provide that information or returns given to the Authority in accordance with a requirement covered by paragraph (1)(b) must be verified by statutory declaration.\n  (3) A person is entitled to be paid by the Authority reasonable compensation for making copies in the course of complying with a requirement covered by subparagraph (1)(c)(ii).\n  (4) A person is not excused from giving information or a return or producing a document or a copy of a document under regulations made for the purposes of this Division on the ground that the information or return or the production of the document or copy might tend to incriminate the person or expose the person to a penalty. However:\n    (a) giving the information or return or producing the document or copy; or\n    (b) any information, return, document or thing obtained as a direct or indirect consequence of giving the information or return or producing the document or copy;\n  is not admissible in evidence against the person in:\n    (c) criminal proceedings other than proceedings under, or arising out of, section 45 or 46; or\n    (d) proceedings for recovery of an amount of late payment penalty.\n\n#### 45 Failure to give information or returns\n\n  (1) A person commits an offence if:\n    (a) the person is required under regulations made for the purposes of this Division to give any information or return to the Authority; and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 300 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(a).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n#### 46 False information or returns\n\n  A person must not, in purported compliance with regulations made for the purposes of this Division, intentionally give information or a return that, to the person’s knowledge, is false or misleading in a material particular.\n\nPenalty: 500 penalty units.\n\nChapter 3A—The 2003 Protocol\n\n## Part 3A.1—Outline of Chapter\n\n#### 46A Simplified outline\n\n  (1) The following is a simplified outline of this Chapter:\n    (a) the Supplementary Fund is liable to provide compensation for certain oil pollution damage (Part 3A.4);\n    (b) certain persons who receive oil in Australian ports and terminals are liable to contribute to the Supplementary Fund (Division 1 of Part 3A.5);\n    (c) the Australian Maritime Safety Authority is empowered to collect information about contributors and give information to the Supplementary Fund (Division 3 of Part 3A.5).\n  (2) The purpose of the Supplementary Fund is to provide compensation to a person who has established a claim for compensation for certain oil pollution damage and who has not been able to obtain full and adequate compensation for the claim from the 1992 Fund, because the damage does or may exceed the compensation limit for that Fund.\n\nDiagram showing flow of money\n\n![](image.002.png)\n\n## Part 3A.2—Interpretation\n\n#### 46B Interpretation\n\n  Unless the contrary intention appears, an expression used in this Chapter and in the 2003 Protocol has the same meaning in this Chapter as in the 2003 Protocol.\n\n## Part 3A.3—Legal recognition of the Supplementary Fund\n\n#### 46C Supplementary Fund is a legal person\n\n  For the purposes of this Chapter, the Supplementary Fund has the same legal personality as a company incorporated under the Corporations Act 2001 and, in particular, may sue and be sued.\n\n#### 46D Director of the Supplementary Fund is the legal representative of the Supplementary Fund\n\n  For the purposes of this Chapter, the Director of the Supplementary Fund is the legal representative of the Supplementary Fund.\n\n## Part 3A.4—Compensation\n\n#### 46E Certain provisions of the 2003 Protocol to have the force of law\n\n  The following provisions of the 2003 Protocol have the force of law as part of the law of the Commonwealth:\n    (a) Article 1;\n    (b) Article 3;\n    (c) Article 4;\n    (d) Article 5, except to the extent that it imposes an obligation on the Assembly;\n    (e) Article 6;\n    (f) paragraph 1 of Article 7, to the extent that it applies paragraphs 1, 5 and 6 of Article 7 of the 1992 Convention to actions for compensation brought against the Supplementary Fund in accordance with paragraph 1 of Article 4 of the 2003 Protocol;\n    (g) paragraphs 2 and 3 of Article 7;\n    (h) Article 9;\n    (i) paragraphs 2, 3 and 4 of Article 15, except to the extent that they impose an obligation on the Assembly.\n\n#### 46F Claims for compensation\n\n  (1) This section applies to an action against the Supplementary Fund for compensation under Article 4 of the 2003 Protocol.\n  (2) The action may be brought in the Federal Court of Australia or in the Supreme Court of a State or Territory.\n  (3) The court in which an action has been brought may, by order, transfer the proceedings to another court that has jurisdiction with respect to the action.\n  (4) The transfer may be made at any stage of the proceedings.\n  (5) The court may transfer proceedings on application or on its own initiative.\n  (6) If proceedings are transferred from a court:\n    (a) all documents filed, and money or guarantees lodged, in that court in those proceedings must be transmitted by the Registrar or other proper officer of that court to the Registrar or other proper officer of the court to which the proceedings are transferred; and\n    (b) the court to which the proceedings are transferred must proceed as if:\n    (i) the proceedings had originally been instituted in that court; and\n    (ii) the same proceedings had been taken in that court as had been taken in the court from which the proceedings were transferred.\n\n#### 46G Supplementary Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981\n\n  The Supplementary Fund may intervene in proceedings for compensation arising under Part II of the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 46H Regulations to give effect to Article 8 of the 2003 Protocol\n\n  (1) The regulations may make provision for and in relation to giving effect to Article 8 of the 2003 Protocol, including:\n    (a) provision for investing the Supreme Courts of the States with federal jurisdiction and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made for the purposes of this section; and\n    (b) provision for investing jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section; and\n    (c) provision for fixing fees to be paid in respect of any matters under regulations made for the purposes of this section.\n  (2) Subsection (1) 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 that subsection.\n\n## Part 3A.5—Contributions to the Supplementary Fund\n\n### Division 1—Liability to make contributions\n\n#### 46J Liability to contribute to the Supplementary Fund\n\n  (1) Article 10 of the 2003 Protocol, in so far as it relates to ports or terminal installations in Australia, has the force of law as part of the law of the Commonwealth.\n  (2) A person is not liable to contribute to the Supplementary Fund because of this Part unless the contributions are imposed by an Act other than this Act.\n  (3) For the purposes of Article 10 of the 2003 Protocol as applied by subsection (1), a person (the first person) is an associated person in relation to another person (the second person) if, and only if:\n    (a) both the first person and the second person are bodies corporate; and\n    (b) the first person and the second person are related to each other within the meaning of section 50 of the Corporations Act 2001.\n  (4) For the purposes of this Part (including a provision of the 2003 Protocol as applied by this Part), a contribution required to be paid because of this Part is payable to the Supplementary Fund as agent of the Commonwealth.\n\n#### 46K Amount of contributions\n\n  Paragraphs 2 and 3 of Article 11 (except to the extent that they impose obligations on the Assembly), and Article 18, of the 2003 Protocol, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth.\n\n#### 46L When contributions are due and payable\n\n  Contributions required to be paid by a person because of this Part are due and payable on the day ascertained under paragraph 4 of Article 11 of the 2003 Protocol.\n\n### Division 2—Recovery of contributions etc.\n\n#### 46M Late payment penalty\n\n  (1) If:\n    (a) any annual contribution payable by a person because of this Part remains unpaid after the time when it became due for payment; and\n    (b) the Internal Regulations of the 1992 Fund have fixed, or provided for a method of determining, one or more annual interest rates (IR rates) in accordance with paragraph 1 of Article 13 of the 1992 Convention;\n  the person is liable to pay, by way of penalty, an amount (late payment penalty). Late payment penalty is calculated at the annual percentage rate equal to whichever of the IR rates is applicable to the person’s circumstances, on the amount unpaid, computed from that time.\n  (2) Late payment penalty is payable to the Supplementary Fund on behalf of the Commonwealth.\n\n#### 46N Supplementary Fund to be paid amounts equal to amounts of contributions\n\n  (1) Amounts received, or purporting to be received, under section 46J or 46M must be paid to the Commonwealth.\n  (2) If an amount is paid to the Commonwealth under subsection (1), the Commonwealth must pay to the Supplementary Fund an amount equal to that amount.\n  (3) A payment of an amount to the Supplementary Fund under subsection (2) is subject to the condition that, if the Commonwealth becomes liable to refund the whole or part of that amount, the Supplementary Fund must pay to the Commonwealth an amount equivalent to the amount that the Commonwealth is liable to refund.\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of subsection (2).\n\n#### 46P Recovery of contributions and late payment penalty\n\n  (1) The following amounts may be recovered by the Supplementary Fund, on behalf of the Commonwealth, as debts due to the Commonwealth:\n    (a) contributions that are required to be paid because of this Part and that are due and payable;\n    (b) late payment penalty that is due and payable.\n  (2) For the purposes of an action or proceeding under subsection (1), liability to costs is to be determined as if the Supplementary Fund were a party to the action or proceeding and the Commonwealth were not a party.\n  (3) The Supplementary Fund is not entitled to recover from the Commonwealth any costs or other expenses it incurs in recovering an amount referred to in subsection (1).\n\n#### 46Q Regulations relating to recovery of contributions etc.\n\n  (1) The regulations may make provision for and in relation to the following:\n    (a) the methods by which contributions required to be paid because of this Part may be paid;\n    (b) the methods by which late payment penalty may be paid;\n    (c) refunds of, or of overpayments of, contributions.\n  (2) Without limiting paragraphs (1)(a) and (b), regulations made for the purposes of those paragraphs may make provision for and in relation to the making of payments using electronic funds transfer systems.\n\n### Division 3—Record‑keeping and returns etc.\n\n#### 46R Authority to inform Supplementary Fund\n\n  (1) Article 13, paragraph 1 of Article 15, and Article 20 of the 2003 Protocol, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth.\n  (2) For the purposes of the following provisions of the 2003 Protocol:\n    (a) Article 13; and\n    (b) paragraph 1 of Article 15; and\n    (c) Article 20, in so far as it relates to annual communications made after the instrument referred to in paragraph 4 of Article 19 is deposited;\n  as so having the force of law, an obligation imposed on Australia is taken to be imposed on the Authority.\n  (3) The Authority may inform the Supplementary Fund of such additional matters relating to contributions as the Authority considers appropriate.\n\n#### 46S Record‑keeping and returns etc.\n\n  (1) The regulations may make provision for and in relation to requiring a person:\n    (a) to keep and retain records, where the records are relevant to ascertaining the person’s liability to make contributions required to be paid because of this Part; and\n    (b) to give information and returns to the Authority, where the information or returns are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part; and\n    (c) to:\n    (i) produce documents to the Authority; or\n    (ii) make copies of documents and give the copies to the Authority;\n    where the documents are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part.\n  (2) The regulations may provide that information or returns given to the Authority in accordance with a requirement covered by paragraph (1)(b) must be verified by statutory declaration.\n  (3) A person is entitled to be paid by the Authority reasonable compensation for making copies in the course of complying with a requirement covered by subparagraph (1)(c)(ii).\n  (4) A person is not excused from giving information or a return or producing a document or a copy of a document under regulations made for the purposes of this Division on the ground that the information or return or the production of the document or copy might tend to incriminate the person or expose the person to a penalty. However:\n    (a) giving the information or return or producing the document or copy; or\n    (b) any information, return, document or thing obtained as a direct or indirect consequence of giving the information or return or producing the document or copy;\n  is not admissible in evidence against the person in:\n    (c) criminal proceedings other than proceedings under, or arising out of, section 46R or 46S; or\n    (d) proceedings for recovery of an amount of late payment penalty.\n\n#### 46T Failure to give information or returns\n\n  (1) A person commits an offence if:\n    (a) the person is required under regulations made for the purposes of this Division to give any information or return to the Authority; and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 300 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(a).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n#### 46U False information or returns\n\n  A person must not, in purported compliance with regulations made for the purposes of this Division, intentionally give information or a return that, to the person’s knowledge, is false or misleading in a material particular.\n\nPenalty: 500 penalty units.\n\nChapter 4—Miscellaneous\n\n#### 46V 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.\n  (4) A partner does not commit an offence because of subsection (3) if the partner:\n    (a) does not know of the circumstances that constitute the contravention of the provision concerned; or\n    (b) knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the partner becomes aware of those circumstances.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### 46W 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.\n  (4) A member of the association’s committee of management does not commit an offence because of subsection (3) if the member:\n    (a) does not know of the circumstances that constitute the contravention of the provision concerned; or\n    (b) knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the member becomes aware of those circumstances.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### 47 Regulations\n\n  (1) 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.\n  (2) The regulations may prescribe penalties not exceeding a fine of 10 penalty units for offences against the regulations.","sortOrder":26},{"sectionNumber":"39","sectionType":"section","heading":"Late payment penalty","content":"#### 39 Late payment penalty\n\n  (1) If:\n    (a) any annual contribution payable by a person because of this Part remains unpaid after the time when it became due for payment; and\n    (b) the Internal Regulations of the 1992 Fund have fixed, or provided for a method of determining, one or more annual interest rates (IR rates) in accordance with paragraph 1 of Article 13 of the 1992 Convention;\n  the person is liable to pay, by way of penalty, an amount (late payment penalty). Late payment penalty is calculated at the annual percentage rate equal to whichever of the IR rates is applicable to the person’s circumstances, on the amount unpaid, computed from that time.\n  (2) Late payment penalty is payable to the 1992 Fund on behalf of the Commonwealth.","sortOrder":27},{"sectionNumber":"40","sectionType":"section","heading":"1992 Fund to be paid amounts equal to amounts of contributions","content":"#### 40 1992 Fund to be paid amounts equal to amounts of contributions\n\n  (1) Amounts received, or purporting to be received, under section 35 or 39 must be paid to the Commonwealth.\n  (2) If an amount is paid to the Commonwealth under subsection (1), the Commonwealth must pay to the 1992 Fund an amount equal to that amount.\n  (3) A payment of an amount to the 1992 Fund under subsection (2) is subject to the condition that, if the Commonwealth becomes liable to refund the whole or part of that amount, the 1992 Fund must pay to the Commonwealth an amount equivalent to the amount that the Commonwealth is liable to refund.\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of subsection (2).","sortOrder":28},{"sectionNumber":"41","sectionType":"section","heading":"Recovery of contributions and late payment penalty","content":"#### 41 Recovery of contributions and late payment penalty\n\n  (1) The following amounts may be recovered by the 1992 Fund, on behalf of the Commonwealth, as debts due to the Commonwealth:\n    (a) contributions that are required to be paid because of this Part and that are due and payable;\n    (b) late payment penalty that is due and payable.\n  (2) For the purposes of an action or proceeding under subsection (1), liability to costs is to be determined as if the 1992 Fund were a party to the action or proceeding and the Commonwealth were not a party.\n  (3) The 1992 Fund is not entitled to recover from the Commonwealth any costs or other expenses it incurs in recovering an amount referred to in subsection (1).","sortOrder":29},{"sectionNumber":"42","sectionType":"section","heading":"Regulations relating to recovery of contributions etc.","content":"#### 42 Regulations relating to recovery of contributions etc.\n\n  (1) The regulations may make provision for and in relation to the following:\n    (a) the methods by which contributions required to be paid because of this Part may be paid;\n    (b) the methods by which late payment penalty may be paid;\n    (c) refunds of, or of overpayments of, contributions.\n  (2) Without limiting paragraphs (1)(a) and (b), regulations made for the purposes of those paragraphs may make provision for and in relation to the making of payments using electronic funds transfer systems.","sortOrder":30},{"sectionNumber":"Division 3","sectionType":"division","heading":"Record‑keeping and returns etc.","content":"An Act relating to oil pollution damage\n\nChapter 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993.\n\n#### 2 Commencement\n\n  (1) Chapters 1, 2 and 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the 1971 Convention enters into force for Australia.\n  (2) Part 3.1 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which Australia’s denunciation of the 1971 Convention takes effect.\n  (3) Chapter 3 (other than Part 3.1) commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the 1992 Protocol enters into force for Australia.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears :\n\n> Australia, when used in a geographical sense, includes all the external Territories.\n\n> Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\n> the original Convention means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, done at Brussels on 18 December 1971 (a copy of the English text of the original Convention is set out in Schedule 1).\n\n> the Supplementary Fund means The International Oil Pollution Compensation Supplementary Fund 2003 established by the 2003 Protocol.\n\n> the 1971 Convention means the original Convention as amended by the 1976 Protocol.\n\n> the 1971 Fund means The International Oil Pollution Compensation Fund established by the original Convention.\n\n> the 1976 Protocol means the Protocol of 1976 to amend the original Convention, done at London on 19 November 1976 (a copy of the English text of the 1976 Protocol is set out in Schedule 2).\n\n> the 1992 Convention means the original Convention as amended by the 1976 Protocol and the 1992 Protocol.\n\n> the 1992 Fund means The International Oil Pollution Compensation Fund 1992 established by the 1992 Convention.\n\n> the 1992 Protocol means the Protocol of 1992 to amend the 1971 Convention, done at London on 27 November 1992 (a copy of the English text of the 1992 Protocol is set out in Schedule 3), as amended by resolution LEG.2(82) adopted by the Legal Committee of the International Maritime Organization on 18 October 2000 (a copy of the English text of which is set out in Schedule 4).\n\n> the 2003 Protocol means the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 done at London on 16 May 2003.\n\n> Note: The text of the 2003 Protocol is set out in Australian Treaty Series \\[2005\\] ATNIF 21. In 2008, the text of the 2003 Protocol in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n#### 4 Act to bind Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) The Crown is not liable to be prosecuted for an offence against, or arising out of, this Act.\n\n#### 5 Operation of Act\n\n  This Act applies both within and outside Australia and extends to every external Territory.\n\n#### 5A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\nChapter 3—The 1992 Convention\n\n## Part 3.1—Repeal of Chapter 2\n\n#### 26 Repeal of Chapter 2\n\n  (1) Chapter 2 is repealed.\n  (2) The regulations may make such transitional or savings provisions as are necessary or convenient as a result of the repeal of Chapter 2.\n\n## Part 3.2—Outline of Chapter\n\n#### 27 Simplified outline\n\n  The following is a simplified outline of this Chapter:\n    (a) the 1992 Fund is liable to provide compensation for certain oil pollution damage (Part 3.5);\n    (b) certain persons who receive oil in Australian ports and terminals are liable to contribute to the 1992 Fund (Part 3.6);\n    (c) the Australian Maritime Safety Authority is empowered to collect information about contributors and give the information to the 1992 Fund (Part 3.6).\n\nDiagram showing flow of money\n\n| Oil receivers make contributions to 1992 Fund | $  | 1992 Fund | $  | Certain persons entitled to receive compensation from 1992 Fund |\n| --------------------------------------------- | --- | --------- | --- | --------------------------------------------------------------- |\n\n## Part 3.3—Interpretation\n\n#### 28 Interpretation\n\n  Unless the contrary intention appears, an expression used in this Chapter and in the 1992 Convention has the same meaning in this Chapter as in the 1992 Convention.\n\n## Part 3.4—Legal recognition of the 1992 Fund\n\n#### 29 1992 Fund is a legal person\n\n  For the purposes of this Chapter, the 1992 Fund has the same legal personality as a company incorporated under the Corporations Act 2001 and, in particular, may sue and be sued.\n\n#### 30 Director of the 1992 Fund is the legal representative of the 1992 Fund\n\n  For the purposes of this Chapter, the Director of the 1992 Fund is the legal representative of the 1992 Fund.\n\n## Part 3.5—Compensation\n\n#### 31 Certain provisions of the 1992 Convention to have the force of law\n\n  (1) The following provisions of the 1992 Convention have the force of law as part of the law of the Commonwealth:\n  Articles 1, 3, 4 and 6, paragraphs 1, 3, 5 and 6 of Article 7, Article 9, Article 35, Article 36 bis, paragraph (e) of Article 36 quater and Article 36 quinquies.\n  (2) For the purposes of paragraph 7 of Article 4 of the 1992 Convention as so having the force of law, a request by the Authority is taken to be a request by Australia.\n\n#### 32 Claims for compensation\n\n  (1) This section applies to an action against the 1992 Fund for compensation under Article 4 of the 1992 Convention.\n  (2) The action may be brought in the Federal Court of Australia or in the Supreme Court of a State or Territory.\n  (3) The court in which an action has been brought may, by order, transfer the proceedings to another court that has jurisdiction with respect to the action.\n  (4) The transfer may be made at any stage of the proceedings.\n  (5) The court may transfer proceedings on application or on its own initiative.\n  (6) If proceedings are transferred from a court:\n    (a) all documents filed, and money or guarantees lodged, in that court in those proceedings must be transmitted by the Registrar or other proper officer of that court to the Registrar or other proper officer of the court to which the proceedings are transferred; and\n    (b) the court to which the proceedings are transferred must proceed as if:\n    (i) the proceedings had originally been instituted in that court; and\n    (ii) the same proceedings had been taken in that court as had been taken in the court from which the proceedings were transferred.\n\n#### 33 1992 Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981\n\n  The 1992 Fund may intervene in proceedings for compensation arising under Part II of the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 34 Regulations to give effect to Article 8 of the 1992 Convention\n\n  (1) The regulations may make provision for and in relation to giving effect to Article 8 of the 1992 Convention, including:\n    (a) provision for investing the Supreme Courts of the States with federal jurisdiction and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made for the purposes of this section; and\n    (b) provision for investing jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section; and\n    (c) provision fixing fees to be paid in respect of any matters under regulations made for the purposes of this section.\n  (2) Subsection (1) 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 that subsection.\n\n## Part 3.6—Contributions to the 1992 Fund\n\n### Division 1—Liability to make contributions\n\n#### 35 Liability to contribute to the 1992 Fund\n\n  (1) Article 10 of the 1992 Convention (other than subparagraph 2(b)), in so far as it relates to ports or terminal installations in Australia, has the force of law as part of the law of the Commonwealth.\n  (2) A person is not liable to contribute to the 1992 Fund because of this Part unless the contributions are imposed by an Act other than this Act.\n  (3) For the purposes of Article 10 of the 1992 Convention as applied by subsection (1), a person (the first person) is an associated person in relation to another person (the second person) if, and only if:\n    (a) both the first person and the second person are bodies corporate; and\n    (b) the first person and the second person are related to each other within the meaning of section 50 of the Corporations Act 2001.\n  (4) For the purposes of this Part (including a provision of the 1992 Convention as applied by this Part), a contribution required to be paid because of this Part is payable to the 1992 Fund as agent of the Commonwealth.\n\n#### 36 Amount of contributions\n\n  Paragraphs 2 and 3 of Article 12 of the 1992 Convention, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth.\n\n#### 37 When contributions are due and payable\n\n  Contributions required to be paid by a person because of this Part are due and payable on the day ascertained under paragraph 4 of Article 12 of the 1992 Convention.\n\n#### 38 Transitional\n\n  Article 36 ter of the 1992 Convention, in so far as it relates to Australia, has the force of law as part of the law of the Commonwealth.\n\n### Division 2—Recovery of contributions etc.\n\n#### 39 Late payment penalty\n\n  (1) If:\n    (a) any annual contribution payable by a person because of this Part remains unpaid after the time when it became due for payment; and\n    (b) the Internal Regulations of the 1992 Fund have fixed, or provided for a method of determining, one or more annual interest rates (IR rates) in accordance with paragraph 1 of Article 13 of the 1992 Convention;\n  the person is liable to pay, by way of penalty, an amount (late payment penalty). Late payment penalty is calculated at the annual percentage rate equal to whichever of the IR rates is applicable to the person’s circumstances, on the amount unpaid, computed from that time.\n  (2) Late payment penalty is payable to the 1992 Fund on behalf of the Commonwealth.\n\n#### 40 1992 Fund to be paid amounts equal to amounts of contributions\n\n  (1) Amounts received, or purporting to be received, under section 35 or 39 must be paid to the Commonwealth.\n  (2) If an amount is paid to the Commonwealth under subsection (1), the Commonwealth must pay to the 1992 Fund an amount equal to that amount.\n  (3) A payment of an amount to the 1992 Fund under subsection (2) is subject to the condition that, if the Commonwealth becomes liable to refund the whole or part of that amount, the 1992 Fund must pay to the Commonwealth an amount equivalent to the amount that the Commonwealth is liable to refund.\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of subsection (2).\n\n#### 41 Recovery of contributions and late payment penalty\n\n  (1) The following amounts may be recovered by the 1992 Fund, on behalf of the Commonwealth, as debts due to the Commonwealth:\n    (a) contributions that are required to be paid because of this Part and that are due and payable;\n    (b) late payment penalty that is due and payable.\n  (2) For the purposes of an action or proceeding under subsection (1), liability to costs is to be determined as if the 1992 Fund were a party to the action or proceeding and the Commonwealth were not a party.\n  (3) The 1992 Fund is not entitled to recover from the Commonwealth any costs or other expenses it incurs in recovering an amount referred to in subsection (1).\n\n#### 42 Regulations relating to recovery of contributions etc.\n\n  (1) The regulations may make provision for and in relation to the following:\n    (a) the methods by which contributions required to be paid because of this Part may be paid;\n    (b) the methods by which late payment penalty may be paid;\n    (c) refunds of, or of overpayments of, contributions.\n  (2) Without limiting paragraphs (1)(a) and (b), regulations made for the purposes of those paragraphs may make provision for and in relation to the making of payments using electronic funds transfer systems.\n\n### Division 3—Record‑keeping and returns etc.\n\n#### 43 Authority to inform 1992 Fund\n\n  (1) Article 15 of the 1992 Convention, in so far as it relates to Australia, has the force of law as part of the law of the Commonwealth.\n  (2) For the purposes of paragraphs 1 and 2 of Article 15 of the 1992 Convention as so having the force of law, an obligation imposed on Australia is taken to be imposed on the Authority.\n  (3) The Authority may inform the 1992 Fund of such additional matters relating to contributions as the Authority considers appropriate.\n\n#### 44 Record‑keeping and returns etc.\n\n  (1) The regulations may make provision for and in relation to requiring a person:\n    (a) to keep and retain records, where the records are relevant to ascertaining the person’s liability to make contributions required to be paid because of this Part; and\n    (b) to give information and returns to the Authority, where the information or returns are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part; and\n    (c) to:\n    (i) produce documents to the Authority; or\n    (ii) make copies of documents and give the copies to the Authority;\n    where the documents are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part.\n  (2) The regulations may provide that information or returns given to the Authority in accordance with a requirement covered by paragraph (1)(b) must be verified by statutory declaration.\n  (3) A person is entitled to be paid by the Authority reasonable compensation for making copies in the course of complying with a requirement covered by subparagraph (1)(c)(ii).\n  (4) A person is not excused from giving information or a return or producing a document or a copy of a document under regulations made for the purposes of this Division on the ground that the information or return or the production of the document or copy might tend to incriminate the person or expose the person to a penalty. However:\n    (a) giving the information or return or producing the document or copy; or\n    (b) any information, return, document or thing obtained as a direct or indirect consequence of giving the information or return or producing the document or copy;\n  is not admissible in evidence against the person in:\n    (c) criminal proceedings other than proceedings under, or arising out of, section 45 or 46; or\n    (d) proceedings for recovery of an amount of late payment penalty.\n\n#### 45 Failure to give information or returns\n\n  (1) A person commits an offence if:\n    (a) the person is required under regulations made for the purposes of this Division to give any information or return to the Authority; and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 300 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(a).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n#### 46 False information or returns\n\n  A person must not, in purported compliance with regulations made for the purposes of this Division, intentionally give information or a return that, to the person’s knowledge, is false or misleading in a material particular.\n\nPenalty: 500 penalty units.\n\nChapter 3A—The 2003 Protocol\n\n## Part 3A.1—Outline of Chapter\n\n#### 46A Simplified outline\n\n  (1) The following is a simplified outline of this Chapter:\n    (a) the Supplementary Fund is liable to provide compensation for certain oil pollution damage (Part 3A.4);\n    (b) certain persons who receive oil in Australian ports and terminals are liable to contribute to the Supplementary Fund (Division 1 of Part 3A.5);\n    (c) the Australian Maritime Safety Authority is empowered to collect information about contributors and give information to the Supplementary Fund (Division 3 of Part 3A.5).\n  (2) The purpose of the Supplementary Fund is to provide compensation to a person who has established a claim for compensation for certain oil pollution damage and who has not been able to obtain full and adequate compensation for the claim from the 1992 Fund, because the damage does or may exceed the compensation limit for that Fund.\n\nDiagram showing flow of money\n\n![](image.002.png)\n\n## Part 3A.2—Interpretation\n\n#### 46B Interpretation\n\n  Unless the contrary intention appears, an expression used in this Chapter and in the 2003 Protocol has the same meaning in this Chapter as in the 2003 Protocol.\n\n## Part 3A.3—Legal recognition of the Supplementary Fund\n\n#### 46C Supplementary Fund is a legal person\n\n  For the purposes of this Chapter, the Supplementary Fund has the same legal personality as a company incorporated under the Corporations Act 2001 and, in particular, may sue and be sued.\n\n#### 46D Director of the Supplementary Fund is the legal representative of the Supplementary Fund\n\n  For the purposes of this Chapter, the Director of the Supplementary Fund is the legal representative of the Supplementary Fund.\n\n## Part 3A.4—Compensation\n\n#### 46E Certain provisions of the 2003 Protocol to have the force of law\n\n  The following provisions of the 2003 Protocol have the force of law as part of the law of the Commonwealth:\n    (a) Article 1;\n    (b) Article 3;\n    (c) Article 4;\n    (d) Article 5, except to the extent that it imposes an obligation on the Assembly;\n    (e) Article 6;\n    (f) paragraph 1 of Article 7, to the extent that it applies paragraphs 1, 5 and 6 of Article 7 of the 1992 Convention to actions for compensation brought against the Supplementary Fund in accordance with paragraph 1 of Article 4 of the 2003 Protocol;\n    (g) paragraphs 2 and 3 of Article 7;\n    (h) Article 9;\n    (i) paragraphs 2, 3 and 4 of Article 15, except to the extent that they impose an obligation on the Assembly.\n\n#### 46F Claims for compensation\n\n  (1) This section applies to an action against the Supplementary Fund for compensation under Article 4 of the 2003 Protocol.\n  (2) The action may be brought in the Federal Court of Australia or in the Supreme Court of a State or Territory.\n  (3) The court in which an action has been brought may, by order, transfer the proceedings to another court that has jurisdiction with respect to the action.\n  (4) The transfer may be made at any stage of the proceedings.\n  (5) The court may transfer proceedings on application or on its own initiative.\n  (6) If proceedings are transferred from a court:\n    (a) all documents filed, and money or guarantees lodged, in that court in those proceedings must be transmitted by the Registrar or other proper officer of that court to the Registrar or other proper officer of the court to which the proceedings are transferred; and\n    (b) the court to which the proceedings are transferred must proceed as if:\n    (i) the proceedings had originally been instituted in that court; and\n    (ii) the same proceedings had been taken in that court as had been taken in the court from which the proceedings were transferred.\n\n#### 46G Supplementary Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981\n\n  The Supplementary Fund may intervene in proceedings for compensation arising under Part II of the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 46H Regulations to give effect to Article 8 of the 2003 Protocol\n\n  (1) The regulations may make provision for and in relation to giving effect to Article 8 of the 2003 Protocol, including:\n    (a) provision for investing the Supreme Courts of the States with federal jurisdiction and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made for the purposes of this section; and\n    (b) provision for investing jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section; and\n    (c) provision for fixing fees to be paid in respect of any matters under regulations made for the purposes of this section.\n  (2) Subsection (1) 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 that subsection.\n\n## Part 3A.5—Contributions to the Supplementary Fund\n\n### Division 1—Liability to make contributions\n\n#### 46J Liability to contribute to the Supplementary Fund\n\n  (1) Article 10 of the 2003 Protocol, in so far as it relates to ports or terminal installations in Australia, has the force of law as part of the law of the Commonwealth.\n  (2) A person is not liable to contribute to the Supplementary Fund because of this Part unless the contributions are imposed by an Act other than this Act.\n  (3) For the purposes of Article 10 of the 2003 Protocol as applied by subsection (1), a person (the first person) is an associated person in relation to another person (the second person) if, and only if:\n    (a) both the first person and the second person are bodies corporate; and\n    (b) the first person and the second person are related to each other within the meaning of section 50 of the Corporations Act 2001.\n  (4) For the purposes of this Part (including a provision of the 2003 Protocol as applied by this Part), a contribution required to be paid because of this Part is payable to the Supplementary Fund as agent of the Commonwealth.\n\n#### 46K Amount of contributions\n\n  Paragraphs 2 and 3 of Article 11 (except to the extent that they impose obligations on the Assembly), and Article 18, of the 2003 Protocol, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth.\n\n#### 46L When contributions are due and payable\n\n  Contributions required to be paid by a person because of this Part are due and payable on the day ascertained under paragraph 4 of Article 11 of the 2003 Protocol.\n\n### Division 2—Recovery of contributions etc.\n\n#### 46M Late payment penalty\n\n  (1) If:\n    (a) any annual contribution payable by a person because of this Part remains unpaid after the time when it became due for payment; and\n    (b) the Internal Regulations of the 1992 Fund have fixed, or provided for a method of determining, one or more annual interest rates (IR rates) in accordance with paragraph 1 of Article 13 of the 1992 Convention;\n  the person is liable to pay, by way of penalty, an amount (late payment penalty). Late payment penalty is calculated at the annual percentage rate equal to whichever of the IR rates is applicable to the person’s circumstances, on the amount unpaid, computed from that time.\n  (2) Late payment penalty is payable to the Supplementary Fund on behalf of the Commonwealth.\n\n#### 46N Supplementary Fund to be paid amounts equal to amounts of contributions\n\n  (1) Amounts received, or purporting to be received, under section 46J or 46M must be paid to the Commonwealth.\n  (2) If an amount is paid to the Commonwealth under subsection (1), the Commonwealth must pay to the Supplementary Fund an amount equal to that amount.\n  (3) A payment of an amount to the Supplementary Fund under subsection (2) is subject to the condition that, if the Commonwealth becomes liable to refund the whole or part of that amount, the Supplementary Fund must pay to the Commonwealth an amount equivalent to the amount that the Commonwealth is liable to refund.\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of subsection (2).\n\n#### 46P Recovery of contributions and late payment penalty\n\n  (1) The following amounts may be recovered by the Supplementary Fund, on behalf of the Commonwealth, as debts due to the Commonwealth:\n    (a) contributions that are required to be paid because of this Part and that are due and payable;\n    (b) late payment penalty that is due and payable.\n  (2) For the purposes of an action or proceeding under subsection (1), liability to costs is to be determined as if the Supplementary Fund were a party to the action or proceeding and the Commonwealth were not a party.\n  (3) The Supplementary Fund is not entitled to recover from the Commonwealth any costs or other expenses it incurs in recovering an amount referred to in subsection (1).\n\n#### 46Q Regulations relating to recovery of contributions etc.\n\n  (1) The regulations may make provision for and in relation to the following:\n    (a) the methods by which contributions required to be paid because of this Part may be paid;\n    (b) the methods by which late payment penalty may be paid;\n    (c) refunds of, or of overpayments of, contributions.\n  (2) Without limiting paragraphs (1)(a) and (b), regulations made for the purposes of those paragraphs may make provision for and in relation to the making of payments using electronic funds transfer systems.\n\n### Division 3—Record‑keeping and returns etc.\n\n#### 46R Authority to inform Supplementary Fund\n\n  (1) Article 13, paragraph 1 of Article 15, and Article 20 of the 2003 Protocol, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth.\n  (2) For the purposes of the following provisions of the 2003 Protocol:\n    (a) Article 13; and\n    (b) paragraph 1 of Article 15; and\n    (c) Article 20, in so far as it relates to annual communications made after the instrument referred to in paragraph 4 of Article 19 is deposited;\n  as so having the force of law, an obligation imposed on Australia is taken to be imposed on the Authority.\n  (3) The Authority may inform the Supplementary Fund of such additional matters relating to contributions as the Authority considers appropriate.\n\n#### 46S Record‑keeping and returns etc.\n\n  (1) The regulations may make provision for and in relation to requiring a person:\n    (a) to keep and retain records, where the records are relevant to ascertaining the person’s liability to make contributions required to be paid because of this Part; and\n    (b) to give information and returns to the Authority, where the information or returns are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part; and\n    (c) to:\n    (i) produce documents to the Authority; or\n    (ii) make copies of documents and give the copies to the Authority;\n    where the documents are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part.\n  (2) The regulations may provide that information or returns given to the Authority in accordance with a requirement covered by paragraph (1)(b) must be verified by statutory declaration.\n  (3) A person is entitled to be paid by the Authority reasonable compensation for making copies in the course of complying with a requirement covered by subparagraph (1)(c)(ii).\n  (4) A person is not excused from giving information or a return or producing a document or a copy of a document under regulations made for the purposes of this Division on the ground that the information or return or the production of the document or copy might tend to incriminate the person or expose the person to a penalty. However:\n    (a) giving the information or return or producing the document or copy; or\n    (b) any information, return, document or thing obtained as a direct or indirect consequence of giving the information or return or producing the document or copy;\n  is not admissible in evidence against the person in:\n    (c) criminal proceedings other than proceedings under, or arising out of, section 46R or 46S; or\n    (d) proceedings for recovery of an amount of late payment penalty.\n\n#### 46T Failure to give information or returns\n\n  (1) A person commits an offence if:\n    (a) the person is required under regulations made for the purposes of this Division to give any information or return to the Authority; and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 300 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(a).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n#### 46U False information or returns\n\n  A person must not, in purported compliance with regulations made for the purposes of this Division, intentionally give information or a return that, to the person’s knowledge, is false or misleading in a material particular.\n\nPenalty: 500 penalty units.\n\nChapter 4—Miscellaneous\n\n#### 46V 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.\n  (4) A partner does not commit an offence because of subsection (3) if the partner:\n    (a) does not know of the circumstances that constitute the contravention of the provision concerned; or\n    (b) knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the partner becomes aware of those circumstances.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### 46W 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.\n  (4) A member of the association’s committee of management does not commit an offence because of subsection (3) if the member:\n    (a) does not know of the circumstances that constitute the contravention of the provision concerned; or\n    (b) knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the member becomes aware of those circumstances.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### 47 Regulations\n\n  (1) 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.\n  (2) The regulations may prescribe penalties not exceeding a fine of 10 penalty units for offences against the regulations.","sortOrder":31},{"sectionNumber":"43","sectionType":"section","heading":"Authority to inform 1992 Fund","content":"#### 43 Authority to inform 1992 Fund\n\n  (1) Article 15 of the 1992 Convention, in so far as it relates to Australia, has the force of law as part of the law of the Commonwealth.\n  (2) For the purposes of paragraphs 1 and 2 of Article 15 of the 1992 Convention as so having the force of law, an obligation imposed on Australia is taken to be imposed on the Authority.\n  (3) The Authority may inform the 1992 Fund of such additional matters relating to contributions as the Authority considers appropriate.","sortOrder":32},{"sectionNumber":"44","sectionType":"section","heading":"Record‑keeping and returns etc.","content":"#### 44 Record‑keeping and returns etc.\n\n  (1) The regulations may make provision for and in relation to requiring a person:\n    (a) to keep and retain records, where the records are relevant to ascertaining the person’s liability to make contributions required to be paid because of this Part; and\n    (b) to give information and returns to the Authority, where the information or returns are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part; and\n    (c) to:\n    (i) produce documents to the Authority; or\n    (ii) make copies of documents and give the copies to the Authority;\n    where the documents are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part.\n  (2) The regulations may provide that information or returns given to the Authority in accordance with a requirement covered by paragraph (1)(b) must be verified by statutory declaration.\n  (3) A person is entitled to be paid by the Authority reasonable compensation for making copies in the course of complying with a requirement covered by subparagraph (1)(c)(ii).\n  (4) A person is not excused from giving information or a return or producing a document or a copy of a document under regulations made for the purposes of this Division on the ground that the information or return or the production of the document or copy might tend to incriminate the person or expose the person to a penalty. However:\n    (a) giving the information or return or producing the document or copy; or\n    (b) any information, return, document or thing obtained as a direct or indirect consequence of giving the information or return or producing the document or copy;\n  is not admissible in evidence against the person in:\n    (c) criminal proceedings other than proceedings under, or arising out of, section 45 or 46; or\n    (d) proceedings for recovery of an amount of late payment penalty.","sortOrder":33},{"sectionNumber":"45","sectionType":"section","heading":"Failure to give information or returns","content":"#### 45 Failure to give information or returns\n\n  (1) A person commits an offence if:\n    (a) the person is required under regulations made for the purposes of this Division to give any information or return to the Authority; and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 300 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(a).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.","sortOrder":34},{"sectionNumber":"46","sectionType":"section","heading":"False information or returns","content":"#### 46 False information or returns\n\n  A person must not, in purported compliance with regulations made for the purposes of this Division, intentionally give information or a return that, to the person’s knowledge, is false or misleading in a material particular.\n\nPenalty: 500 penalty units.\n\nChapter 3A—The 2003 Protocol","sortOrder":35},{"sectionNumber":"Part 3A.1","sectionType":"part","heading":"—Outline of Chapter","content":"## Part 3A.1—Outline of Chapter","sortOrder":36},{"sectionNumber":"46A","sectionType":"section","heading":"Simplified outline","content":"#### 46A Simplified outline\n\n  (1) The following is a simplified outline of this Chapter:\n    (a) the Supplementary Fund is liable to provide compensation for certain oil pollution damage (Part 3A.4);\n    (b) certain persons who receive oil in Australian ports and terminals are liable to contribute to the Supplementary Fund (Division 1 of Part 3A.5);\n    (c) the Australian Maritime Safety Authority is empowered to collect information about contributors and give information to the Supplementary Fund (Division 3 of Part 3A.5).\n  (2) The purpose of the Supplementary Fund is to provide compensation to a person who has established a claim for compensation for certain oil pollution damage and who has not been able to obtain full and adequate compensation for the claim from the 1992 Fund, because the damage does or may exceed the compensation limit for that Fund.\n\nDiagram showing flow of money\n\n![](image.002.png)","sortOrder":37},{"sectionNumber":"Part 3A.2","sectionType":"part","heading":"—Interpretation","content":"## Part 3A.2—Interpretation","sortOrder":38},{"sectionNumber":"46B","sectionType":"section","heading":"Interpretation","content":"#### 46B Interpretation\n\n  Unless the contrary intention appears, an expression used in this Chapter and in the 2003 Protocol has the same meaning in this Chapter as in the 2003 Protocol.","sortOrder":39},{"sectionNumber":"Part 3A.3","sectionType":"part","heading":"—Legal recognition of the Supplementary Fund","content":"## Part 3A.3—Legal recognition of the Supplementary Fund","sortOrder":40},{"sectionNumber":"46C","sectionType":"section","heading":"Supplementary Fund is a legal person","content":"#### 46C Supplementary Fund is a legal person\n\n  For the purposes of this Chapter, the Supplementary Fund has the same legal personality as a company incorporated under the Corporations Act 2001 and, in particular, may sue and be sued.","sortOrder":41},{"sectionNumber":"46D","sectionType":"section","heading":"Director of the Supplementary Fund is the legal representative of the Supplementary Fund","content":"#### 46D Director of the Supplementary Fund is the legal representative of the Supplementary Fund\n\n  For the purposes of this Chapter, the Director of the Supplementary Fund is the legal representative of the Supplementary Fund.","sortOrder":42},{"sectionNumber":"Part 3A.4","sectionType":"part","heading":"—Compensation","content":"## Part 3A.4—Compensation","sortOrder":43},{"sectionNumber":"46E","sectionType":"section","heading":"Certain provisions of the 2003 Protocol to have the force of law","content":"#### 46E Certain provisions of the 2003 Protocol to have the force of law\n\n  The following provisions of the 2003 Protocol have the force of law as part of the law of the Commonwealth:\n    (a) Article 1;\n    (b) Article 3;\n    (c) Article 4;\n    (d) Article 5, except to the extent that it imposes an obligation on the Assembly;\n    (e) Article 6;\n    (f) paragraph 1 of Article 7, to the extent that it applies paragraphs 1, 5 and 6 of Article 7 of the 1992 Convention to actions for compensation brought against the Supplementary Fund in accordance with paragraph 1 of Article 4 of the 2003 Protocol;\n    (g) paragraphs 2 and 3 of Article 7;\n    (h) Article 9;\n    (i) paragraphs 2, 3 and 4 of Article 15, except to the extent that they impose an obligation on the Assembly.","sortOrder":44},{"sectionNumber":"46F","sectionType":"section","heading":"Claims for compensation","content":"#### 46F Claims for compensation\n\n  (1) This section applies to an action against the Supplementary Fund for compensation under Article 4 of the 2003 Protocol.\n  (2) The action may be brought in the Federal Court of Australia or in the Supreme Court of a State or Territory.\n  (3) The court in which an action has been brought may, by order, transfer the proceedings to another court that has jurisdiction with respect to the action.\n  (4) The transfer may be made at any stage of the proceedings.\n  (5) The court may transfer proceedings on application or on its own initiative.\n  (6) If proceedings are transferred from a court:\n    (a) all documents filed, and money or guarantees lodged, in that court in those proceedings must be transmitted by the Registrar or other proper officer of that court to the Registrar or other proper officer of the court to which the proceedings are transferred; and\n    (b) the court to which the proceedings are transferred must proceed as if:\n    (i) the proceedings had originally been instituted in that court; and\n    (ii) the same proceedings had been taken in that court as had been taken in the court from which the proceedings were transferred.","sortOrder":45},{"sectionNumber":"46G","sectionType":"section","heading":"Supplementary Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981","content":"#### 46G Supplementary Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981\n\n  The Supplementary Fund may intervene in proceedings for compensation arising under Part II of the Protection of the Sea (Civil Liability) Act 1981.","sortOrder":46},{"sectionNumber":"46H","sectionType":"section","heading":"Regulations to give effect to Article 8 of the 2003 Protocol","content":"#### 46H Regulations to give effect to Article 8 of the 2003 Protocol\n\n  (1) The regulations may make provision for and in relation to giving effect to Article 8 of the 2003 Protocol, including:\n    (a) provision for investing the Supreme Courts of the States with federal jurisdiction and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made for the purposes of this section; and\n    (b) provision for investing jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section; and\n    (c) provision for fixing fees to be paid in respect of any matters under regulations made for the purposes of this section.\n  (2) Subsection (1) 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 that subsection.","sortOrder":47},{"sectionNumber":"Part 3A.5","sectionType":"part","heading":"—Contributions to the Supplementary Fund","content":"An Act relating to oil pollution damage\n\nChapter 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993.\n\n#### 2 Commencement\n\n  (1) Chapters 1, 2 and 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the 1971 Convention enters into force for Australia.\n  (2) Part 3.1 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which Australia’s denunciation of the 1971 Convention takes effect.\n  (3) Chapter 3 (other than Part 3.1) commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the 1992 Protocol enters into force for Australia.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears :\n\n> Australia, when used in a geographical sense, includes all the external Territories.\n\n> Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\n> the original Convention means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, done at Brussels on 18 December 1971 (a copy of the English text of the original Convention is set out in Schedule 1).\n\n> the Supplementary Fund means The International Oil Pollution Compensation Supplementary Fund 2003 established by the 2003 Protocol.\n\n> the 1971 Convention means the original Convention as amended by the 1976 Protocol.\n\n> the 1971 Fund means The International Oil Pollution Compensation Fund established by the original Convention.\n\n> the 1976 Protocol means the Protocol of 1976 to amend the original Convention, done at London on 19 November 1976 (a copy of the English text of the 1976 Protocol is set out in Schedule 2).\n\n> the 1992 Convention means the original Convention as amended by the 1976 Protocol and the 1992 Protocol.\n\n> the 1992 Fund means The International Oil Pollution Compensation Fund 1992 established by the 1992 Convention.\n\n> the 1992 Protocol means the Protocol of 1992 to amend the 1971 Convention, done at London on 27 November 1992 (a copy of the English text of the 1992 Protocol is set out in Schedule 3), as amended by resolution LEG.2(82) adopted by the Legal Committee of the International Maritime Organization on 18 October 2000 (a copy of the English text of which is set out in Schedule 4).\n\n> the 2003 Protocol means the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 done at London on 16 May 2003.\n\n> Note: The text of the 2003 Protocol is set out in Australian Treaty Series \\[2005\\] ATNIF 21. In 2008, the text of the 2003 Protocol in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n#### 4 Act to bind Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) The Crown is not liable to be prosecuted for an offence against, or arising out of, this Act.\n\n#### 5 Operation of Act\n\n  This Act applies both within and outside Australia and extends to every external Territory.\n\n#### 5A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\nChapter 3—The 1992 Convention\n\n## Part 3.1—Repeal of Chapter 2\n\n#### 26 Repeal of Chapter 2\n\n  (1) Chapter 2 is repealed.\n  (2) The regulations may make such transitional or savings provisions as are necessary or convenient as a result of the repeal of Chapter 2.\n\n## Part 3.2—Outline of Chapter\n\n#### 27 Simplified outline\n\n  The following is a simplified outline of this Chapter:\n    (a) the 1992 Fund is liable to provide compensation for certain oil pollution damage (Part 3.5);\n    (b) certain persons who receive oil in Australian ports and terminals are liable to contribute to the 1992 Fund (Part 3.6);\n    (c) the Australian Maritime Safety Authority is empowered to collect information about contributors and give the information to the 1992 Fund (Part 3.6).\n\nDiagram showing flow of money\n\n| Oil receivers make contributions to 1992 Fund | $  | 1992 Fund | $  | Certain persons entitled to receive compensation from 1992 Fund |\n| --------------------------------------------- | --- | --------- | --- | --------------------------------------------------------------- |\n\n## Part 3.3—Interpretation\n\n#### 28 Interpretation\n\n  Unless the contrary intention appears, an expression used in this Chapter and in the 1992 Convention has the same meaning in this Chapter as in the 1992 Convention.\n\n## Part 3.4—Legal recognition of the 1992 Fund\n\n#### 29 1992 Fund is a legal person\n\n  For the purposes of this Chapter, the 1992 Fund has the same legal personality as a company incorporated under the Corporations Act 2001 and, in particular, may sue and be sued.\n\n#### 30 Director of the 1992 Fund is the legal representative of the 1992 Fund\n\n  For the purposes of this Chapter, the Director of the 1992 Fund is the legal representative of the 1992 Fund.\n\n## Part 3.5—Compensation\n\n#### 31 Certain provisions of the 1992 Convention to have the force of law\n\n  (1) The following provisions of the 1992 Convention have the force of law as part of the law of the Commonwealth:\n  Articles 1, 3, 4 and 6, paragraphs 1, 3, 5 and 6 of Article 7, Article 9, Article 35, Article 36 bis, paragraph (e) of Article 36 quater and Article 36 quinquies.\n  (2) For the purposes of paragraph 7 of Article 4 of the 1992 Convention as so having the force of law, a request by the Authority is taken to be a request by Australia.\n\n#### 32 Claims for compensation\n\n  (1) This section applies to an action against the 1992 Fund for compensation under Article 4 of the 1992 Convention.\n  (2) The action may be brought in the Federal Court of Australia or in the Supreme Court of a State or Territory.\n  (3) The court in which an action has been brought may, by order, transfer the proceedings to another court that has jurisdiction with respect to the action.\n  (4) The transfer may be made at any stage of the proceedings.\n  (5) The court may transfer proceedings on application or on its own initiative.\n  (6) If proceedings are transferred from a court:\n    (a) all documents filed, and money or guarantees lodged, in that court in those proceedings must be transmitted by the Registrar or other proper officer of that court to the Registrar or other proper officer of the court to which the proceedings are transferred; and\n    (b) the court to which the proceedings are transferred must proceed as if:\n    (i) the proceedings had originally been instituted in that court; and\n    (ii) the same proceedings had been taken in that court as had been taken in the court from which the proceedings were transferred.\n\n#### 33 1992 Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981\n\n  The 1992 Fund may intervene in proceedings for compensation arising under Part II of the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 34 Regulations to give effect to Article 8 of the 1992 Convention\n\n  (1) The regulations may make provision for and in relation to giving effect to Article 8 of the 1992 Convention, including:\n    (a) provision for investing the Supreme Courts of the States with federal jurisdiction and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made for the purposes of this section; and\n    (b) provision for investing jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section; and\n    (c) provision fixing fees to be paid in respect of any matters under regulations made for the purposes of this section.\n  (2) Subsection (1) 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 that subsection.\n\n## Part 3.6—Contributions to the 1992 Fund\n\n### Division 1—Liability to make contributions\n\n#### 35 Liability to contribute to the 1992 Fund\n\n  (1) Article 10 of the 1992 Convention (other than subparagraph 2(b)), in so far as it relates to ports or terminal installations in Australia, has the force of law as part of the law of the Commonwealth.\n  (2) A person is not liable to contribute to the 1992 Fund because of this Part unless the contributions are imposed by an Act other than this Act.\n  (3) For the purposes of Article 10 of the 1992 Convention as applied by subsection (1), a person (the first person) is an associated person in relation to another person (the second person) if, and only if:\n    (a) both the first person and the second person are bodies corporate; and\n    (b) the first person and the second person are related to each other within the meaning of section 50 of the Corporations Act 2001.\n  (4) For the purposes of this Part (including a provision of the 1992 Convention as applied by this Part), a contribution required to be paid because of this Part is payable to the 1992 Fund as agent of the Commonwealth.\n\n#### 36 Amount of contributions\n\n  Paragraphs 2 and 3 of Article 12 of the 1992 Convention, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth.\n\n#### 37 When contributions are due and payable\n\n  Contributions required to be paid by a person because of this Part are due and payable on the day ascertained under paragraph 4 of Article 12 of the 1992 Convention.\n\n#### 38 Transitional\n\n  Article 36 ter of the 1992 Convention, in so far as it relates to Australia, has the force of law as part of the law of the Commonwealth.\n\n### Division 2—Recovery of contributions etc.\n\n#### 39 Late payment penalty\n\n  (1) If:\n    (a) any annual contribution payable by a person because of this Part remains unpaid after the time when it became due for payment; and\n    (b) the Internal Regulations of the 1992 Fund have fixed, or provided for a method of determining, one or more annual interest rates (IR rates) in accordance with paragraph 1 of Article 13 of the 1992 Convention;\n  the person is liable to pay, by way of penalty, an amount (late payment penalty). Late payment penalty is calculated at the annual percentage rate equal to whichever of the IR rates is applicable to the person’s circumstances, on the amount unpaid, computed from that time.\n  (2) Late payment penalty is payable to the 1992 Fund on behalf of the Commonwealth.\n\n#### 40 1992 Fund to be paid amounts equal to amounts of contributions\n\n  (1) Amounts received, or purporting to be received, under section 35 or 39 must be paid to the Commonwealth.\n  (2) If an amount is paid to the Commonwealth under subsection (1), the Commonwealth must pay to the 1992 Fund an amount equal to that amount.\n  (3) A payment of an amount to the 1992 Fund under subsection (2) is subject to the condition that, if the Commonwealth becomes liable to refund the whole or part of that amount, the 1992 Fund must pay to the Commonwealth an amount equivalent to the amount that the Commonwealth is liable to refund.\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of subsection (2).\n\n#### 41 Recovery of contributions and late payment penalty\n\n  (1) The following amounts may be recovered by the 1992 Fund, on behalf of the Commonwealth, as debts due to the Commonwealth:\n    (a) contributions that are required to be paid because of this Part and that are due and payable;\n    (b) late payment penalty that is due and payable.\n  (2) For the purposes of an action or proceeding under subsection (1), liability to costs is to be determined as if the 1992 Fund were a party to the action or proceeding and the Commonwealth were not a party.\n  (3) The 1992 Fund is not entitled to recover from the Commonwealth any costs or other expenses it incurs in recovering an amount referred to in subsection (1).\n\n#### 42 Regulations relating to recovery of contributions etc.\n\n  (1) The regulations may make provision for and in relation to the following:\n    (a) the methods by which contributions required to be paid because of this Part may be paid;\n    (b) the methods by which late payment penalty may be paid;\n    (c) refunds of, or of overpayments of, contributions.\n  (2) Without limiting paragraphs (1)(a) and (b), regulations made for the purposes of those paragraphs may make provision for and in relation to the making of payments using electronic funds transfer systems.\n\n### Division 3—Record‑keeping and returns etc.\n\n#### 43 Authority to inform 1992 Fund\n\n  (1) Article 15 of the 1992 Convention, in so far as it relates to Australia, has the force of law as part of the law of the Commonwealth.\n  (2) For the purposes of paragraphs 1 and 2 of Article 15 of the 1992 Convention as so having the force of law, an obligation imposed on Australia is taken to be imposed on the Authority.\n  (3) The Authority may inform the 1992 Fund of such additional matters relating to contributions as the Authority considers appropriate.\n\n#### 44 Record‑keeping and returns etc.\n\n  (1) The regulations may make provision for and in relation to requiring a person:\n    (a) to keep and retain records, where the records are relevant to ascertaining the person’s liability to make contributions required to be paid because of this Part; and\n    (b) to give information and returns to the Authority, where the information or returns are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part; and\n    (c) to:\n    (i) produce documents to the Authority; or\n    (ii) make copies of documents and give the copies to the Authority;\n    where the documents are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part.\n  (2) The regulations may provide that information or returns given to the Authority in accordance with a requirement covered by paragraph (1)(b) must be verified by statutory declaration.\n  (3) A person is entitled to be paid by the Authority reasonable compensation for making copies in the course of complying with a requirement covered by subparagraph (1)(c)(ii).\n  (4) A person is not excused from giving information or a return or producing a document or a copy of a document under regulations made for the purposes of this Division on the ground that the information or return or the production of the document or copy might tend to incriminate the person or expose the person to a penalty. However:\n    (a) giving the information or return or producing the document or copy; or\n    (b) any information, return, document or thing obtained as a direct or indirect consequence of giving the information or return or producing the document or copy;\n  is not admissible in evidence against the person in:\n    (c) criminal proceedings other than proceedings under, or arising out of, section 45 or 46; or\n    (d) proceedings for recovery of an amount of late payment penalty.\n\n#### 45 Failure to give information or returns\n\n  (1) A person commits an offence if:\n    (a) the person is required under regulations made for the purposes of this Division to give any information or return to the Authority; and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 300 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(a).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n#### 46 False information or returns\n\n  A person must not, in purported compliance with regulations made for the purposes of this Division, intentionally give information or a return that, to the person’s knowledge, is false or misleading in a material particular.\n\nPenalty: 500 penalty units.\n\nChapter 3A—The 2003 Protocol\n\n## Part 3A.1—Outline of Chapter\n\n#### 46A Simplified outline\n\n  (1) The following is a simplified outline of this Chapter:\n    (a) the Supplementary Fund is liable to provide compensation for certain oil pollution damage (Part 3A.4);\n    (b) certain persons who receive oil in Australian ports and terminals are liable to contribute to the Supplementary Fund (Division 1 of Part 3A.5);\n    (c) the Australian Maritime Safety Authority is empowered to collect information about contributors and give information to the Supplementary Fund (Division 3 of Part 3A.5).\n  (2) The purpose of the Supplementary Fund is to provide compensation to a person who has established a claim for compensation for certain oil pollution damage and who has not been able to obtain full and adequate compensation for the claim from the 1992 Fund, because the damage does or may exceed the compensation limit for that Fund.\n\nDiagram showing flow of money\n\n![](image.002.png)\n\n## Part 3A.2—Interpretation\n\n#### 46B Interpretation\n\n  Unless the contrary intention appears, an expression used in this Chapter and in the 2003 Protocol has the same meaning in this Chapter as in the 2003 Protocol.\n\n## Part 3A.3—Legal recognition of the Supplementary Fund\n\n#### 46C Supplementary Fund is a legal person\n\n  For the purposes of this Chapter, the Supplementary Fund has the same legal personality as a company incorporated under the Corporations Act 2001 and, in particular, may sue and be sued.\n\n#### 46D Director of the Supplementary Fund is the legal representative of the Supplementary Fund\n\n  For the purposes of this Chapter, the Director of the Supplementary Fund is the legal representative of the Supplementary Fund.\n\n## Part 3A.4—Compensation\n\n#### 46E Certain provisions of the 2003 Protocol to have the force of law\n\n  The following provisions of the 2003 Protocol have the force of law as part of the law of the Commonwealth:\n    (a) Article 1;\n    (b) Article 3;\n    (c) Article 4;\n    (d) Article 5, except to the extent that it imposes an obligation on the Assembly;\n    (e) Article 6;\n    (f) paragraph 1 of Article 7, to the extent that it applies paragraphs 1, 5 and 6 of Article 7 of the 1992 Convention to actions for compensation brought against the Supplementary Fund in accordance with paragraph 1 of Article 4 of the 2003 Protocol;\n    (g) paragraphs 2 and 3 of Article 7;\n    (h) Article 9;\n    (i) paragraphs 2, 3 and 4 of Article 15, except to the extent that they impose an obligation on the Assembly.\n\n#### 46F Claims for compensation\n\n  (1) This section applies to an action against the Supplementary Fund for compensation under Article 4 of the 2003 Protocol.\n  (2) The action may be brought in the Federal Court of Australia or in the Supreme Court of a State or Territory.\n  (3) The court in which an action has been brought may, by order, transfer the proceedings to another court that has jurisdiction with respect to the action.\n  (4) The transfer may be made at any stage of the proceedings.\n  (5) The court may transfer proceedings on application or on its own initiative.\n  (6) If proceedings are transferred from a court:\n    (a) all documents filed, and money or guarantees lodged, in that court in those proceedings must be transmitted by the Registrar or other proper officer of that court to the Registrar or other proper officer of the court to which the proceedings are transferred; and\n    (b) the court to which the proceedings are transferred must proceed as if:\n    (i) the proceedings had originally been instituted in that court; and\n    (ii) the same proceedings had been taken in that court as had been taken in the court from which the proceedings were transferred.\n\n#### 46G Supplementary Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981\n\n  The Supplementary Fund may intervene in proceedings for compensation arising under Part II of the Protection of the Sea (Civil Liability) Act 1981.\n\n#### 46H Regulations to give effect to Article 8 of the 2003 Protocol\n\n  (1) The regulations may make provision for and in relation to giving effect to Article 8 of the 2003 Protocol, including:\n    (a) provision for investing the Supreme Courts of the States with federal jurisdiction and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made for the purposes of this section; and\n    (b) provision for investing jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section; and\n    (c) provision for fixing fees to be paid in respect of any matters under regulations made for the purposes of this section.\n  (2) Subsection (1) 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 that subsection.\n\n## Part 3A.5—Contributions to the Supplementary Fund\n\n### Division 1—Liability to make contributions\n\n#### 46J Liability to contribute to the Supplementary Fund\n\n  (1) Article 10 of the 2003 Protocol, in so far as it relates to ports or terminal installations in Australia, has the force of law as part of the law of the Commonwealth.\n  (2) A person is not liable to contribute to the Supplementary Fund because of this Part unless the contributions are imposed by an Act other than this Act.\n  (3) For the purposes of Article 10 of the 2003 Protocol as applied by subsection (1), a person (the first person) is an associated person in relation to another person (the second person) if, and only if:\n    (a) both the first person and the second person are bodies corporate; and\n    (b) the first person and the second person are related to each other within the meaning of section 50 of the Corporations Act 2001.\n  (4) For the purposes of this Part (including a provision of the 2003 Protocol as applied by this Part), a contribution required to be paid because of this Part is payable to the Supplementary Fund as agent of the Commonwealth.\n\n#### 46K Amount of contributions\n\n  Paragraphs 2 and 3 of Article 11 (except to the extent that they impose obligations on the Assembly), and Article 18, of the 2003 Protocol, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth.\n\n#### 46L When contributions are due and payable\n\n  Contributions required to be paid by a person because of this Part are due and payable on the day ascertained under paragraph 4 of Article 11 of the 2003 Protocol.\n\n### Division 2—Recovery of contributions etc.\n\n#### 46M Late payment penalty\n\n  (1) If:\n    (a) any annual contribution payable by a person because of this Part remains unpaid after the time when it became due for payment; and\n    (b) the Internal Regulations of the 1992 Fund have fixed, or provided for a method of determining, one or more annual interest rates (IR rates) in accordance with paragraph 1 of Article 13 of the 1992 Convention;\n  the person is liable to pay, by way of penalty, an amount (late payment penalty). Late payment penalty is calculated at the annual percentage rate equal to whichever of the IR rates is applicable to the person’s circumstances, on the amount unpaid, computed from that time.\n  (2) Late payment penalty is payable to the Supplementary Fund on behalf of the Commonwealth.\n\n#### 46N Supplementary Fund to be paid amounts equal to amounts of contributions\n\n  (1) Amounts received, or purporting to be received, under section 46J or 46M must be paid to the Commonwealth.\n  (2) If an amount is paid to the Commonwealth under subsection (1), the Commonwealth must pay to the Supplementary Fund an amount equal to that amount.\n  (3) A payment of an amount to the Supplementary Fund under subsection (2) is subject to the condition that, if the Commonwealth becomes liable to refund the whole or part of that amount, the Supplementary Fund must pay to the Commonwealth an amount equivalent to the amount that the Commonwealth is liable to refund.\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of subsection (2).\n\n#### 46P Recovery of contributions and late payment penalty\n\n  (1) The following amounts may be recovered by the Supplementary Fund, on behalf of the Commonwealth, as debts due to the Commonwealth:\n    (a) contributions that are required to be paid because of this Part and that are due and payable;\n    (b) late payment penalty that is due and payable.\n  (2) For the purposes of an action or proceeding under subsection (1), liability to costs is to be determined as if the Supplementary Fund were a party to the action or proceeding and the Commonwealth were not a party.\n  (3) The Supplementary Fund is not entitled to recover from the Commonwealth any costs or other expenses it incurs in recovering an amount referred to in subsection (1).\n\n#### 46Q Regulations relating to recovery of contributions etc.\n\n  (1) The regulations may make provision for and in relation to the following:\n    (a) the methods by which contributions required to be paid because of this Part may be paid;\n    (b) the methods by which late payment penalty may be paid;\n    (c) refunds of, or of overpayments of, contributions.\n  (2) Without limiting paragraphs (1)(a) and (b), regulations made for the purposes of those paragraphs may make provision for and in relation to the making of payments using electronic funds transfer systems.\n\n### Division 3—Record‑keeping and returns etc.\n\n#### 46R Authority to inform Supplementary Fund\n\n  (1) Article 13, paragraph 1 of Article 15, and Article 20 of the 2003 Protocol, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth.\n  (2) For the purposes of the following provisions of the 2003 Protocol:\n    (a) Article 13; and\n    (b) paragraph 1 of Article 15; and\n    (c) Article 20, in so far as it relates to annual communications made after the instrument referred to in paragraph 4 of Article 19 is deposited;\n  as so having the force of law, an obligation imposed on Australia is taken to be imposed on the Authority.\n  (3) The Authority may inform the Supplementary Fund of such additional matters relating to contributions as the Authority considers appropriate.\n\n#### 46S Record‑keeping and returns etc.\n\n  (1) The regulations may make provision for and in relation to requiring a person:\n    (a) to keep and retain records, where the records are relevant to ascertaining the person’s liability to make contributions required to be paid because of this Part; and\n    (b) to give information and returns to the Authority, where the information or returns are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part; and\n    (c) to:\n    (i) produce documents to the Authority; or\n    (ii) make copies of documents and give the copies to the Authority;\n    where the documents are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part.\n  (2) The regulations may provide that information or returns given to the Authority in accordance with a requirement covered by paragraph (1)(b) must be verified by statutory declaration.\n  (3) A person is entitled to be paid by the Authority reasonable compensation for making copies in the course of complying with a requirement covered by subparagraph (1)(c)(ii).\n  (4) A person is not excused from giving information or a return or producing a document or a copy of a document under regulations made for the purposes of this Division on the ground that the information or return or the production of the document or copy might tend to incriminate the person or expose the person to a penalty. However:\n    (a) giving the information or return or producing the document or copy; or\n    (b) any information, return, document or thing obtained as a direct or indirect consequence of giving the information or return or producing the document or copy;\n  is not admissible in evidence against the person in:\n    (c) criminal proceedings other than proceedings under, or arising out of, section 46R or 46S; or\n    (d) proceedings for recovery of an amount of late payment penalty.\n\n#### 46T Failure to give information or returns\n\n  (1) A person commits an offence if:\n    (a) the person is required under regulations made for the purposes of this Division to give any information or return to the Authority; and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 300 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(a).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n#### 46U False information or returns\n\n  A person must not, in purported compliance with regulations made for the purposes of this Division, intentionally give information or a return that, to the person’s knowledge, is false or misleading in a material particular.\n\nPenalty: 500 penalty units.\n\nChapter 4—Miscellaneous\n\n#### 46V 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.\n  (4) A partner does not commit an offence because of subsection (3) if the partner:\n    (a) does not know of the circumstances that constitute the contravention of the provision concerned; or\n    (b) knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the partner becomes aware of those circumstances.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### 46W 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.\n  (4) A member of the association’s committee of management does not commit an offence because of subsection (3) if the member:\n    (a) does not know of the circumstances that constitute the contravention of the provision concerned; or\n    (b) knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the member becomes aware of those circumstances.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.\n\n#### 47 Regulations\n\n  (1) 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.\n  (2) The regulations may prescribe penalties not exceeding a fine of 10 penalty units for offences against the regulations.","sortOrder":48},{"sectionNumber":"46J","sectionType":"section","heading":"Liability to contribute to the Supplementary Fund","content":"#### 46J Liability to contribute to the Supplementary Fund\n\n  (1) Article 10 of the 2003 Protocol, in so far as it relates to ports or terminal installations in Australia, has the force of law as part of the law of the Commonwealth.\n  (2) A person is not liable to contribute to the Supplementary Fund because of this Part unless the contributions are imposed by an Act other than this Act.\n  (3) For the purposes of Article 10 of the 2003 Protocol as applied by subsection (1), a person (the first person) is an associated person in relation to another person (the second person) if, and only if:\n    (a) both the first person and the second person are bodies corporate; and\n    (b) the first person and the second person are related to each other within the meaning of section 50 of the Corporations Act 2001.\n  (4) For the purposes of this Part (including a provision of the 2003 Protocol as applied by this Part), a contribution required to be paid because of this Part is payable to the Supplementary Fund as agent of the Commonwealth.","sortOrder":50},{"sectionNumber":"46K","sectionType":"section","heading":"Amount of contributions","content":"#### 46K Amount of contributions\n\n  Paragraphs 2 and 3 of Article 11 (except to the extent that they impose obligations on the Assembly), and Article 18, of the 2003 Protocol, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth.","sortOrder":51},{"sectionNumber":"46L","sectionType":"section","heading":"When contributions are due and payable","content":"#### 46L When contributions are due and payable\n\n  Contributions required to be paid by a person because of this Part are due and payable on the day ascertained under paragraph 4 of Article 11 of the 2003 Protocol.","sortOrder":52},{"sectionNumber":"46M","sectionType":"section","heading":"Late payment penalty","content":"#### 46M Late payment penalty\n\n  (1) If:\n    (a) any annual contribution payable by a person because of this Part remains unpaid after the time when it became due for payment; and\n    (b) the Internal Regulations of the 1992 Fund have fixed, or provided for a method of determining, one or more annual interest rates (IR rates) in accordance with paragraph 1 of Article 13 of the 1992 Convention;\n  the person is liable to pay, by way of penalty, an amount (late payment penalty). Late payment penalty is calculated at the annual percentage rate equal to whichever of the IR rates is applicable to the person’s circumstances, on the amount unpaid, computed from that time.\n  (2) Late payment penalty is payable to the Supplementary Fund on behalf of the Commonwealth.","sortOrder":54},{"sectionNumber":"46N","sectionType":"section","heading":"Supplementary Fund to be paid amounts equal to amounts of contributions","content":"#### 46N Supplementary Fund to be paid amounts equal to amounts of contributions\n\n  (1) Amounts received, or purporting to be received, under section 46J or 46M must be paid to the Commonwealth.\n  (2) If an amount is paid to the Commonwealth under subsection (1), the Commonwealth must pay to the Supplementary Fund an amount equal to that amount.\n  (3) A payment of an amount to the Supplementary Fund under subsection (2) is subject to the condition that, if the Commonwealth becomes liable to refund the whole or part of that amount, the Supplementary Fund must pay to the Commonwealth an amount equivalent to the amount that the Commonwealth is liable to refund.\n  (4) The Consolidated Revenue Fund is appropriated for the purposes of subsection (2).","sortOrder":55},{"sectionNumber":"46P","sectionType":"section","heading":"Recovery of contributions and late payment penalty","content":"#### 46P Recovery of contributions and late payment penalty\n\n  (1) The following amounts may be recovered by the Supplementary Fund, on behalf of the Commonwealth, as debts due to the Commonwealth:\n    (a) contributions that are required to be paid because of this Part and that are due and payable;\n    (b) late payment penalty that is due and payable.\n  (2) For the purposes of an action or proceeding under subsection (1), liability to costs is to be determined as if the Supplementary Fund were a party to the action or proceeding and the Commonwealth were not a party.\n  (3) The Supplementary Fund is not entitled to recover from the Commonwealth any costs or other expenses it incurs in recovering an amount referred to in subsection (1).","sortOrder":56},{"sectionNumber":"46Q","sectionType":"section","heading":"Regulations relating to recovery of contributions etc.","content":"#### 46Q Regulations relating to recovery of contributions etc.\n\n  (1) The regulations may make provision for and in relation to the following:\n    (a) the methods by which contributions required to be paid because of this Part may be paid;\n    (b) the methods by which late payment penalty may be paid;\n    (c) refunds of, or of overpayments of, contributions.\n  (2) Without limiting paragraphs (1)(a) and (b), regulations made for the purposes of those paragraphs may make provision for and in relation to the making of payments using electronic funds transfer systems.","sortOrder":57},{"sectionNumber":"46R","sectionType":"section","heading":"Authority to inform Supplementary Fund","content":"#### 46R Authority to inform Supplementary Fund\n\n  (1) Article 13, paragraph 1 of Article 15, and Article 20 of the 2003 Protocol, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth.\n  (2) For the purposes of the following provisions of the 2003 Protocol:\n    (a) Article 13; and\n    (b) paragraph 1 of Article 15; and\n    (c) Article 20, in so far as it relates to annual communications made after the instrument referred to in paragraph 4 of Article 19 is deposited;\n  as so having the force of law, an obligation imposed on Australia is taken to be imposed on the Authority.\n  (3) The Authority may inform the Supplementary Fund of such additional matters relating to contributions as the Authority considers appropriate.","sortOrder":59},{"sectionNumber":"46S","sectionType":"section","heading":"Record‑keeping and returns etc.","content":"#### 46S Record‑keeping and returns etc.\n\n  (1) The regulations may make provision for and in relation to requiring a person:\n    (a) to keep and retain records, where the records are relevant to ascertaining the person’s liability to make contributions required to be paid because of this Part; and\n    (b) to give information and returns to the Authority, where the information or returns are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part; and\n    (c) to:\n    (i) produce documents to the Authority; or\n    (ii) make copies of documents and give the copies to the Authority;\n    where the documents are relevant to ascertaining a person’s liability to make contributions required to be paid because of this Part.\n  (2) The regulations may provide that information or returns given to the Authority in accordance with a requirement covered by paragraph (1)(b) must be verified by statutory declaration.\n  (3) A person is entitled to be paid by the Authority reasonable compensation for making copies in the course of complying with a requirement covered by subparagraph (1)(c)(ii).\n  (4) A person is not excused from giving information or a return or producing a document or a copy of a document under regulations made for the purposes of this Division on the ground that the information or return or the production of the document or copy might tend to incriminate the person or expose the person to a penalty. However:\n    (a) giving the information or return or producing the document or copy; or\n    (b) any information, return, document or thing obtained as a direct or indirect consequence of giving the information or return or producing the document or copy;\n  is not admissible in evidence against the person in:\n    (c) criminal proceedings other than proceedings under, or arising out of, section 46R or 46S; or\n    (d) proceedings for recovery of an amount of late payment penalty.","sortOrder":60},{"sectionNumber":"46T","sectionType":"section","heading":"Failure to give information or returns","content":"#### 46T Failure to give information or returns\n\n  (1) A person commits an offence if:\n    (a) the person is required under regulations made for the purposes of this Division to give any information or return to the Authority; and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 300 penalty units.\n\n  (2) Strict liability applies to paragraph (1)(a).\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.","sortOrder":61},{"sectionNumber":"46U","sectionType":"section","heading":"False information or returns","content":"#### 46U False information or returns\n\n  A person must not, in purported compliance with regulations made for the purposes of this Division, intentionally give information or a return that, to the person’s knowledge, is false or misleading in a material particular.\n\nPenalty: 500 penalty units.\n\nChapter 4—Miscellaneous","sortOrder":62},{"sectionNumber":"46V","sectionType":"section","heading":"Treatment of partnerships","content":"#### 46V 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.\n  (4) A partner does not commit an offence because of subsection (3) if the partner:\n    (a) does not know of the circumstances that constitute the contravention of the provision concerned; or\n    (b) knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the partner becomes aware of those circumstances.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.","sortOrder":63},{"sectionNumber":"46W","sectionType":"section","heading":"Treatment of unincorporated associations","content":"#### 46W 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.\n  (4) A member of the association’s committee of management does not commit an offence because of subsection (3) if the member:\n    (a) does not know of the circumstances that constitute the contravention of the provision concerned; or\n    (b) knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the member becomes aware of those circumstances.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.","sortOrder":64},{"sectionNumber":"47","sectionType":"section","heading":"Regulations","content":"#### 47 Regulations\n\n  (1) 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.\n  (2) The regulations may prescribe penalties not exceeding a fine of 10 penalty units for offences against the regulations.","sortOrder":65}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act originally implemented three regimes: the 1971 Fund (Chapter 2), the 1992 Fund (Chapter 3), and later the Supplementary Fund (Chapter 3A). The 1971 Fund chapter has since been repealed following Australia's denunciation of the 1971 Convention, narrowing the operative scope to just the 1992 and 2003 frameworks. The addition of Chapter 3A (the 2003 Supplementary Fund) also expanded the scope beyond the original 1993 design."},"complexity_factors":["Multiple layers of international treaty law incorporated by reference — the Act only makes sense if you also read the 1971 Convention, 1976 Protocol, 1992 Protocol, 1992 Convention, and 2003 Protocol","Layered historical structure: original 1971 regime replaced by 1992 regime, supplemented by 2003 regime, with transitional provisions managing the changeover","Contributions are imposed by a *separate* Act (not this one), creating a split legal framework that requires cross-referencing multiple pieces of legislation","The Act incorporates only *selected* articles of each international instrument, requiring careful identification of which provisions apply and which do not","Complex financial flows: contributions go to the Commonwealth first, then are passed to the international funds, with conditional refund obligations","Dual-fund architecture (1992 Fund + Supplementary Fund) with parallel but slightly different rules for each","Self-incrimination protections with carve-outs create nuanced evidentiary rules that are difficult to apply in practice","Treatment of partnerships and unincorporated associations as quasi-persons adds an additional layer to liability analysis","Jurisdiction provisions spread across Federal Court and all State/Territory Supreme Courts, with transfer mechanisms","Staged commencement provisions tied to international treaty events (ratification, denunciation) rather than fixed dates"],"plain_english_summary":"## What This Law Does\n\nThis Act is Australia's way of signing up to a global system that makes sure victims of **oil spills from ships** can actually get paid compensation — even when the ship's owner can't cover the full cost.\n\n### The Big Picture: A Two-Layer Safety Net\n\nWhen a ship spills oil and causes damage (think: fouled beaches, dead marine life, ruined fishing businesses), there are two international funds that can step in to pay out compensation:\n\n1. **The 1992 Fund** — The main international compensation pool. If a ship owner's insurance doesn't cover everything, this fund tops it up.\n2. **The Supplementary Fund (2003)** — A backup fund for when even the 1992 Fund runs out of money because the spill is catastrophically large.\n\nThis Act makes both funds legally real in Australia — meaning they can **sue and be sued** in Australian courts, just like a company can.\n\n### Who Pays Into These Funds?\n\n**Not taxpayers. Not ship owners.** The people who pay are **companies that receive large amounts of oil at Australian ports and terminals** — think oil refineries and fuel importers. They make annual contributions (like membership fees) to keep both funds topped up. The more oil they receive, the more they contribute.\n\nIf they don't pay on time, they rack up **late payment penalties** (interest charges set by the fund's own rules).\n\n### Who Can Claim Compensation?\n\nAnyone who suffers **oil pollution damage** from a ship — individuals, businesses, governments, fishing communities — can potentially make a claim. Claims are brought in the **Federal Court or a Supreme Court** of any State or Territory.\n\n### What Australian Maritime Safety Authority (AMSA) Does\n\nAMSA acts as the government's administrator. It:\n- Collects information about who is receiving oil (to figure out who owes contributions)\n- Passes that information to the international funds\n- Can require companies to keep records and file returns\n\n### Penalties for Non-Compliance\n\nIf you're required to report information and you don't: **up to $66,600 fine** (300 penalty units). If you deliberately give false information: **up to $111,000 fine** (500 penalty units).\n\n### The Historical Shift\n\nThe Act originally also implemented an older 1971 international fund. That older fund has since been wound up (Australia formally left it), and those provisions have been repealed. The Act now focuses on the 1992 and 2003 systems.\n\n### The Bottom Line for Ordinary Australians\n\nYou're unlikely to interact with this law directly unless you:\n- **Own or operate** an oil import terminal or refinery (you'll owe annual contributions)\n- **Suffer damage** from a major oil spill near Australian waters (you may be able to claim compensation)\n- **Work in maritime or environmental law** (you'll deal with the procedural rules regularly)"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"35(2) and 46J(2)","severity":"high","reasoning":"Section 35(1) gives Article 10 of the 1992 Convention the force of law, which would ordinarily impose contribution obligations. Section 35(2) then negates any liability created by this Part unless another Act imposes it. The section thus simultaneously creates and destroys the very obligation it is designed to establish. The Act cannot be the source of liability while also requiring a separate Act to impose that liability. This renders the contribution framework in Part 3.6 and Part 3A.5 legally hollow without companion legislation, yet no such companion Act is identified.","confidence":0.85,"description":"Self-defeating liability provisions: persons are made liable to contribute to the 1992 Fund and Supplementary Fund respectively 'because of this Part', but then immediately told they are NOT liable unless contributions are imposed by 'an Act other than this Act'. The Act purports to create a liability framework while simultaneously disclaiming that it creates any liability at all."},{"type":"other","section":"46M(1)(b)","severity":"medium","reasoning":"Section 46M governs late payment penalties for contributions to the Supplementary Fund (established under the 2003 Protocol), yet the penalty rate is pegged to IR rates set by the Internal Regulations of the 1992 Fund under Article 13 of the 1992 Convention. If the 1992 Fund sets no IR rate, or sets one inappropriate to the Supplementary Fund context, no penalty can be calculated, effectively rendering the late payment penalty mechanism inoperative for Supplementary Fund contributions. This creates a dependency on a foreign international body's internal decisions for a core domestic enforcement mechanism.","confidence":0.82,"description":"Late payment penalty for Supplementary Fund contributions is calculated by reference to Internal Regulations of the 1992 Fund (a separate and distinct international body), not the Supplementary Fund's own regulations. A person's penalty for late payment to one fund is determined by the internal administrative decisions of a different fund over which Australia has no control."},{"type":"other","section":"26(1) and Part 3.1 commencement (s.2(2))","severity":"low","reasoning":"The structural placement of the repeal of Chapter 2 inside Chapter 3 creates a logical sequencing problem. Part 3.1 of Chapter 3 must commence before or simultaneously with the rest of Chapter 3 to make sense operationally, yet commencement of Part 3.1 is tied to denunciation of the 1971 Convention while the rest of Chapter 3 is tied to the 1992 Protocol entering into force — events that need not occur in any particular order, meaning theoretically Chapter 3 (other than Part 3.1) could commence before Chapter 2 is repealed, leaving both regimes simultaneously operative.","confidence":0.72,"description":"Part 3.1 (which contains section 26, repealing Chapter 2) is itself located within Chapter 3. Chapter 3 other than Part 3.1 commences when the 1992 Protocol enters into force. Part 3.1 commences when Australia's denunciation of the 1971 Convention takes effect. However, section 5A applies the Criminal Code to 'all offences created by this Act' including Chapter 2, which is then repealed by a provision (s.26) that sits inside Chapter 3 — creating a structural oddity where the repeal mechanism for Chapter 2 lives inside Chapter 3, yet Chapter 3 itself depends on Chapter 2 having already operated."},{"type":"impossible_compliance","section":"41(1) and 41(3) / 46P(1) and 46P(3)","severity":"medium","reasoning":"Sections 41(1) and 46P(1) make the funds agents for debt recovery on behalf of the Commonwealth. Sections 41(3) and 46P(3) explicitly deny the funds any right to recover costs from the Commonwealth incurred in that recovery work. The funds — international bodies with their own governance and financial obligations — must absorb enforcement costs for what are described as Commonwealth debts. This creates an absurd situation where the entity doing the work and bearing the risk cannot recoup costs, while the entity on whose behalf the work is done bears no expense.","confidence":0.78,"description":"The 1992 Fund (and Supplementary Fund) is empowered to recover debts 'on behalf of the Commonwealth' as debts due to the Commonwealth, but is simultaneously barred from recovering its own costs from the Commonwealth for doing so. The Fund is thus compelled to act as an unpaid debt collector for the Commonwealth with no legal avenue to recoup expenses."},{"type":"self_contradicting","section":"44(4)(c) and 46S(4)(c)","severity":"medium","reasoning":"The standard legislative design of limited use immunity is to protect persons from having compelled disclosures used in proceedings for the substantive matter (e.g. tax evasion), while allowing use in proceedings for the non-disclosure itself. Here, the carve-out for sections 45/46 (and 46T/46U) means information you are forced to provide about your oil receipts and contribution liability can be used to prosecute you for failing to provide that very information or for providing false information — a circular enforcement mechanism that may undermine the utility of the privilege against self-incrimination in the most directly relevant context.","confidence":0.7,"description":"The self-incrimination protection in sections 44(4) and 46S(4) excludes admissibility in criminal proceedings 'other than proceedings under, or arising out of, section 45 or 46' (and 46T or 46U respectively). This means information compulsorily obtained under the record-keeping regime CAN be used against a person in the very proceedings created to punish non-compliance with that same compulsory regime — effectively nullifying the practical protection against self-incrimination for the most directly relevant offences."},{"type":"retroactive_impossibility","section":"2(1)","severity":"medium","reasoning":"Chapter 3 commences when the 1992 Protocol enters into force for Australia (s.2(3)), while Chapter 4 (Miscellaneous, including the regulations-making power in s.47) commences when the 1971 Convention enters into force (s.2(1)). If the 1992 Protocol entered into force before the 1971 Convention (an unlikely but theoretically possible scenario), Chapter 3 could commence without Chapter 4's supporting machinery. Even more practically, Part 3.1 (repealing Chapter 2) commences on denunciation of the 1971 Convention — which could occur after the 1971 Convention had entered into force but before or after the 1992 Protocol — creating gaps in which the regulations power (Chapter 4) may or may not be available to make necessary transitional regulations under s.26(2).","confidence":0.6,"description":"Chapters 1, 2 and 4 all commence on a day fixed by Proclamation, which must not be earlier than the day the 1971 Convention enters into force for Australia. Chapter 4 contains the miscellaneous and general provisions (including the regulations power in s.47) that are needed to support Chapters 2 and 3. Tying Chapter 4's commencement to the 1971 Convention's entry into force — the same trigger as Chapter 2 — means the general provisions supporting Chapter 3 may not be in force when Chapter 3 itself commences (which is tied to the 1992 Protocol, a different trigger)."},{"type":"other","section":"46V(3) and 46V(4)","severity":"medium","reasoning":"The deeming provision in s.46V(3) attributes criminal liability to every partner for acts or omissions of the partnership, with the exculpatory conditions placed as a defence (evidential burden on defendant per the Note). This is a structural reversal of criminal law presumptions: a partner who had nothing to do with the offending conduct is technically guilty until they discharge an evidential burden of proving ignorance or remedial action. While common in Australian corporate/partnership offence legislation, in this context it interacts awkwardly with strict liability offences (s.45(2)), potentially making an unknowing partner strictly and vicariously liable.","confidence":0.65,"description":"Treatment of partnerships: an offence committed by a partnership is deemed committed by EACH partner (s.46V(3)), but a defence is available to a partner who 'does not know of the circumstances' or who 'takes all reasonable steps to correct the contravention'. This means a partner who was entirely passive and uninvolved is prima facie guilty of a criminal offence and must affirmatively prove their innocence via an evidential burden — reversing the ordinary presumption of innocence for a deemed offence attribution."}],"contradictions":[{"severity":"high","section_a":"35(1)","section_b":"35(2)","confidence":0.88,"description":"Section 35(1) gives Article 10 of the 1992 Convention (which imposes contribution obligations on oil receivers) the force of law as part of Australian law, while section 35(2) immediately provides that no person is liable to contribute because of this Part unless contributions are imposed by another Act. The provision simultaneously enacts and negates the liability it purports to create."},{"severity":"high","section_a":"46J(1)","section_b":"46J(2)","confidence":0.88,"description":"Identical contradiction to sections 35(1)/(2) but for the Supplementary Fund: Article 10 of the 2003 Protocol is given force of law by s.46J(1), then s.46J(2) denies any liability under this Part unless another Act imposes it."},{"severity":"medium","section_a":"40(1)","section_b":"39(2)","confidence":0.75,"description":"Section 39(2) provides that late payment penalty is payable to the 1992 Fund 'on behalf of the Commonwealth', suggesting the Fund receives it directly as agent. Section 40(1) then requires that amounts received under section 39 must be paid to the Commonwealth first, with the Commonwealth then paying an equivalent amount to the Fund under s.40(2). The payment flows are contradictory: one provision implies direct payment to the Fund, the other mandates a Commonwealth intermediary."},{"severity":"medium","section_a":"46M(2)","section_b":"46N(1)","confidence":0.75,"description":"Same contradiction as ss.39(2)/40(1) replicated for the Supplementary Fund: s.46M(2) says late payment penalty is payable to the Supplementary Fund on behalf of the Commonwealth (implying direct payment), while s.46N(1) requires amounts received under s.46M to be paid to the Commonwealth first."},{"severity":"medium","section_a":"41(1)","section_b":"41(2)","confidence":0.72,"description":"Section 41(1) permits the 1992 Fund to recover amounts as debts due to the Commonwealth 'on behalf of the Commonwealth'. Section 41(2) then requires costs liability to be assessed as if the 1992 Fund were the party and the Commonwealth were NOT a party. This creates a logical impossibility: the Fund acts as agent for the Commonwealth in recovering a Commonwealth debt, but for costs purposes the principal (the Commonwealth) is to be treated as if it does not exist, meaning costs orders cannot follow the actual legal relationship between the parties."},{"severity":"medium","section_a":"46P(1)","section_b":"46P(2)","confidence":0.72,"description":"Identical contradiction to ss.41(1)/(2) replicated for the Supplementary Fund: the Fund recovers debts on behalf of the Commonwealth but costs are assessed as if the Commonwealth is not a party."},{"severity":"low","section_a":"5A","section_b":"4(2)","confidence":0.62,"description":"Section 5A applies Chapter 2 of the Criminal Code (general principles of criminal responsibility) to all offences created by this Act. Section 4(2) provides that the Crown is not liable to be prosecuted for any offence under this Act. This is not strictly contradictory but creates an absurdity: the Act binds the Crown (s.4(1)) and could impose contribution obligations on Crown entities, but the Crown faces zero criminal sanction for non-compliance, while the Criminal Code framework applies. The Crown is thus nominally subject to obligations enforced by a criminal framework from which it is immune."},{"severity":"low","section_a":"2(2)","section_b":"26(1)","confidence":0.58,"description":"Part 3.1 (containing s.26, which repeals Chapter 2) commences on the day Australia's denunciation of the 1971 Convention takes effect (s.2(2)). However, Chapter 2 (which governs the 1971 Fund regime) commenced on a day fixed by Proclamation not earlier than the 1971 Convention entering into force (s.2(1)). If the denunciation takes effect before Chapter 2's Proclamation date is fixed, Part 3.1 could theoretically commence and attempt to repeal a Chapter that has never commenced — repealing a nullity."}]},"kimi_summary":{"_metrics":{"completionTokens":579},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 1993 scope. Originally focused only on the 1971 and 1992 Conventions, it was substantially expanded by the 2008 amendments to incorporate the 2003 Supplementary Fund Protocol, effectively creating a parallel second-tier compensation scheme with duplicate administrative machinery. The original Act did not anticipate this supplementary layer."},"complexity_factors":["Multiple overlapping international conventions (1971, 1992, 2003) with different commencement triggers","Extensive cross-referencing to external treaty documents not contained in the Act","Conditional application of treaty provisions using phrases like 'in so far as it relates to Australia' and 'except to the extent that'","Dual fund structure (1992 Fund and Supplementary Fund) with nearly parallel but slightly different provisions","Complex money-flow mechanics involving Commonwealth as intermediary between contributors and international funds","Strict liability criminal offences with evidential burden defences","Procedural provisions for court transfers and jurisdiction that apply differently to States and Territories"],"plain_english_summary":"This Act establishes Australia's participation in international schemes that compensate people for damage caused by oil spills at sea.\n\n**What it does:**\n\nThe legislation gives legal effect to three international treaties:\n- The **1971 Convention** (now largely superseded)\n- The **1992 Convention** — the main compensation scheme currently in force\n- The **2003 Protocol** — a supplementary fund for very large spills\n\n**How the system works:**\n\n1. **Money in:** Companies that receive oil at Australian ports and terminals must pay contributions (levies) into international funds. The Australian Maritime Safety Authority collects information about these contributors.\n\n2. **Money out:** If oil pollution damage occurs, affected people can claim compensation from these funds. Claims can be brought in the Federal Court or State Supreme Courts.\n\n**Two-tier compensation:**\n- The **1992 Fund** pays compensation up to a certain limit\n- The **Supplementary Fund** (2003 Protocol) provides additional compensation when damage exceeds the 1992 Fund's limits\n\n**Key features:**\n- The international funds are treated as legal persons (like companies) that can sue and be sued in Australian courts\n- The Act applies both within and outside Australia, covering external territories\n- It includes criminal offences for failing to provide information or providing false information (up to 500 penalty units)\n- Special rules apply to partnerships and unincorporated associations\n\n**Who it affects:**\n- Oil importers/receivers at Australian ports (who pay contributions)\n- Anyone suffering oil pollution damage (who can claim compensation)\n- The Australian Maritime Safety Authority (which administers the scheme)"},"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-oil-pollution-compensation-funds-act-1993","history":"/api/acts/protection-of-the-sea-oil-pollution-compensation-funds-act-1993/history","analysis":"/api/acts/protection-of-the-sea-oil-pollution-compensation-funds-act-1993/analysis","conflicts":"/api/acts/protection-of-the-sea-oil-pollution-compensation-funds-act-1993/conflicts","importantCases":"/api/acts/protection-of-the-sea-oil-pollution-compensation-funds-act-1993/important-cases","documents":"/api/acts/protection-of-the-sea-oil-pollution-compensation-funds-act-1993/documents"}}