{"id":"C2004A02411","name":"Protection of the Sea (Powers of Intervention) Act 1981","slug":"protection-of-the-sea-powers-of-intervention-act-1981","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"33 of 1981","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":25236,"registerId":"commonwealth-C2004A02411-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 (Powers of Intervention) Act 1981.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) This Act shall come into operation on a date to be fixed by Proclamation.\n  (2) The date fixed under subsection (1) shall not be a date earlier than the date on which the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties comes into force for Australia.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air.\n\n> Australia includes the external Territories.\n\n> Australian coastal sea means:\n\n    (a) the territorial sea of Australia; and\n    (b) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or the Northern Territory.\n\n> Australian ship means:\n\n    (a) a ship registered in Australia; or\n    (b) an unregistered ship having Australian nationality.\n\n> Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.\n\n> cargo includes ballast and ship’s stores and fuel.\n\n> civil proceeding includes a civil action.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> controller of a tangible asset means:\n\n    (a) in the case of land, seabed or premises—the occupier of the land, seabed or premises; or\n    (b) in the case of a facility, structure or installation—the person in charge of the facility, structure or installation; or\n    (c) in the case of goods—the person in control or possession of the goods.\n\n> Convention means the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (a copy of the English text of which is set forth in Schedule 1), as amended from time to time.\n\n> direction under this Act means a direction under paragraph 8(2)(b), 9(2)(b) or 10(3)(b) or a further direction under section 15.\n\n> electronic communication has the same meaning as in the Electronic Transactions Act 1999.\n\n> engage in conduct has the same meaning as in the Criminal Code.\n\n> goods has the same meaning as in the Competition and Consumer Act 2010.\n\n> high seas means all parts of the sea to which Part VII of the UN Convention on the Law of the Sea applies.\n\n> Note: Article 86 of the UN Convention on the Law of the Sea provides that the provisions of Part VII of the Convention apply to “all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State”.\n\n> internal waters means waters of the sea within the limits of a State or the Northern Territory. For this purpose, sea includes any waters within the ebb and flow of the tide.\n\n> master, in relation to a ship, means the person having command or charge of the ship.\n\n> owner, in relation to a ship that is operated by a person (not being the owner of the ship) who has whole possession and control of the ship, means the operator of the ship.\n\n> Protocol means the Protocol Relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil, 1973 (being the Protocol a copy of whose English text is set out in Schedule 2), as affected by the following resolutions of the Marine Environment Protection Committee of the International Maritime Organization revising the list of substances to be annexed to the Protocol:\n\n    (a) the resolution adopted on 4 July 1991 (being the resolution a copy of whose English text is set out in Schedule 3);\n    (b) the resolution adopted on 10 July 1996 (being the resolution a copy of whose English text is set out in Schedule 4);\n  and as amended from time to time.\n\n> services has the same meaning as in the Competition and Consumer Act 2010, and includes services provided by an employee.\n\n> ship:\n\n    (a) when used in relation to a matter arising under, or relating to, section 8 or 9—has the same meaning as in the Convention; or\n    (b) when used in relation to a matter arising under, or relating to, section 10—has the same meaning as vessel has in the Navigation Act 2012.\n\n> supply has the same meaning as in the Competition and Consumer Act 2010.\n\n> tangible asset means:\n\n    (a) land or seabed; or\n    (b) premises; or\n    (c) a facility; or\n    (d) a structure; or\n    (e) an installation; or\n    (f) any of the following goods:\n    (i) a vessel;\n    (ii) an aircraft;\n    (iii) a vehicle;\n    (iv) an item of equipment or machinery;\n    (v) a tool;\n    (vi) any other article.\n\n> UN Convention on the Law of the Sea means the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.\n\n> Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 31\\. In 2006, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n  (2) It is hereby declared to be the intention of the Parliament that the provisions of this Act that relate to the Protocol shall have full force and effect whether or not the Protocol has entered into force.","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 each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) Subsection (2) does not affect any liability of an employee or agent of the Commonwealth, the Authority or a State or Territory to be prosecuted for an offence.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Relationship to other laws","content":"#### 5 Relationship to other laws\n\n  State/Territory laws\n  (1) This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Act.\n  (1A) A direction under this Act prevails over a direction (however described) under a law of a State or Territory to the extent of any inconsistency.\n  (1B) Subsection (1A) does not, by implication, limit:\n    (a) the application of section 109 of the Constitution to a law of a State; or\n    (b) the application of the corresponding principle to a law of a Territory.\n  Commonwealth laws\n  (1C) A direction under this Act prevails over a direction (however described) under another Act to the extent of any inconsistency, unless the other Act:\n    (a) is enacted after the commencement of this subsection; and\n    (b) refers specifically to a direction under this Act.\n  (2) Nothing in the Underwater Cultural Heritage Act 2018 affects the operation of this Act.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Operation of Act","content":"#### 6 Operation of Act\n\n  This Act applies both within and outside Australia and extends to every external Territory.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Delegation","content":"#### 7 Delegation\n\n  The Minister may, by writing signed by him or her, delegate to a person any of his or her powers under this Act.\n\n> Note: See sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Taking of measures to prevent pollution of sea by oil—maritime casualty on the high seas","content":"#### 8 Taking of measures to prevent pollution of sea by oil—maritime casualty on the high seas\n\n  (1) Where the Authority is satisfied that, following upon a maritime casualty on the high seas or acts related to such a casualty, there is grave and imminent danger to the coastline of Australia, or to the related interests of Australia, from pollution or threat of pollution of the sea by oil which may reasonably be expected to result in major harmful consequences, the Authority may take such measures, whether on the high seas or elsewhere, as it considers necessary to prevent, mitigate or eliminate the danger.\n  (2) Without limiting the generality of subsection (1), the measures that the Authority may take under this section in relation to the ship, or any of the ships, involved in the maritime casualty include:\n    (a) the taking of action, whether or not directions have been issued under paragraph (b) in relation to the ship:\n    (i) to move the ship or part of the ship to another place;\n    (ii) to remove cargo from the ship;\n    (iii) to salvage the ship, part of the ship or any of the ship’s cargo;\n    (iv) to sink or destroy the ship or part of the ship;\n    (v) to sink, destroy or discharge into the sea any of the ship’s cargo; or\n    (vi) to take over control of the ship or part of the ship; or\n    (b) the issuing of directions of the kind authorized by section 11:\n    (i) to the owner of the ship;\n    (ii) to the master of the ship; or\n    (iii) to any salvor in possession of the ship; or\n    (iv) to any other person.\n  (2A) The Authority must not exercise its powers under subparagraph (2)(a)(iv) without the approval of the Minister.\n  (2B) Without limiting subparagraph (2)(b)(iv), a direction under that subparagraph may be issued to:\n    (a) the owner of any other ship; or\n    (b) the master of any other ship; or\n    (c) the owner of a tangible asset; or\n    (d) the controller of a tangible asset; or\n    (e) the supplier of goods; or\n    (f) a person to whom goods are being, or are proposed to be, supplied; or\n    (g) the supplier of a service; or\n    (h) a person to whom a service is being, or is proposed to be, supplied.\n  (2C) The Authority must not issue a direction under subparagraph (2)(b)(iv) to the owner or master of another ship unless the other ship is:\n    (a) in internal waters; or\n    (b) in the Australian coastal sea; or\n    (c) in the exclusive economic zone of Australia; or\n    (d) an Australian ship.\n  (3) This section does not authorize the taking of measures against a warship or other ship owned or operated by a foreign State and used, for the time being, only on government non‑commercial service.\n  (4) The Minister and the Authority shall, in and in relation to the exercise of powers under this section, act in accordance with Articles III and V of the Convention. For this purpose, those Articles are taken to extend to the taking of measures under this section elsewhere than on the high seas.\n  (5) This section shall not be construed as limiting or otherwise affecting any right or power that the Commonwealth may have, whether under international law, under this Act or otherwise, apart from this section.\n  (6) An expression (other than high seas) that is used in this section (other than paragraph (2B)(c), (d), (e), (f), (g) or (h) or (2C)(a), (b), (c) or (d)) and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in this section, the same meaning as in the Convention.\n  (7) A direction under this Act is taken to relate to a ship involved in a maritime casualty referred to in subsection (1) even if the direction is issued under subparagraph (2)(b)(iv).","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Taking of measures to prevent pollution of sea by substances other than oil—maritime casualty on the high seas","content":"#### 9 Taking of measures to prevent pollution of sea by substances other than oil—maritime casualty on the high seas\n\n  (1) Where the Authority is satisfied that, following upon a maritime casualty on the high seas or acts related to such a casualty, there is grave and imminent danger to the coastline of Australia, or to the related interests of Australia, from pollution or threat of pollution of the sea by substances other than oil which may reasonably be expected to result in major harmful consequences, the Authority may take such measures, whether on the high seas or elsewhere, as it considers necessary to prevent, mitigate or eliminate the danger.\n  (2) Without limiting the generality of subsection (1), the measures that the Authority may take under this section in relation to the ship, or any of the ships, involved in the maritime casualty include:\n    (a) the taking of action, whether or not directions have been issued under paragraph (b) in relation to the ship:\n    (i) to move the ship or part of the ship to another place;\n    (ii) to remove cargo from the ship;\n    (iii) to salvage the ship, part of the ship or any of the ship’s cargo;\n    (iv) to sink or destroy the ship or part of the ship;\n    (v) to sink, destroy or discharge into the sea any of the ship’s cargo; or\n    (vi) to take over control of the ship or part of the ship; or\n    (b) the issuing of directions of the kind authorized by section 11:\n    (i) to the owner of the ship;\n    (ii) to the master of the ship; or\n    (iii) to any salvor in possession of the ship; or\n    (iv) to any other person.\n  (2A) The Authority must not exercise its powers under subparagraph (2)(a)(iv) without the approval of the Minister.\n  (2B) Without limiting subparagraph (2)(b)(iv), a direction under that subparagraph may be issued to:\n    (a) the owner of any other ship; or\n    (b) the master of any other ship; or\n    (c) the owner of a tangible asset; or\n    (d) the controller of a tangible asset; or\n    (e) the supplier of goods; or\n    (f) a person to whom goods are being, or are proposed to be, supplied; or\n    (g) the supplier of a service; or\n    (h) a person to whom a service is being, or is proposed to be, supplied.\n  (2C) The Authority must not issue a direction under subparagraph (2)(b)(iv) to the owner or master of another ship unless the other ship is:\n    (a) in internal waters; or\n    (b) in the Australian coastal sea; or\n    (c) in the exclusive economic zone of Australia; or\n    (d) an Australian ship.\n  (3) This section does not authorize the taking of measures against a warship or other ship owned or operated by a foreign State and used, for the time being, only on government non‑commercial service.\n  (4) The Minister and the Authority shall, in and in relation to the exercise of powers under this section, act in accordance with Articles III and V of the Convention as applying by virtue of Article II of the Protocol or, if the Protocol has not entered into force, in accordance with those Articles of the Convention as they would apply by virtue of that Article of the Protocol if the Protocol had entered into force. For this purpose, those Articles of the Convention as applying by virtue of Article II of the Protocol are taken to extend to the taking of measures under this section elsewhere than on the high seas.\n  (5) This section shall not be construed as limiting or otherwise affecting any right or power that the Commonwealth may have, whether under international law, under this Act or otherwise, apart from this section.\n  (6) Where an expression (other than high seas) is used in this section (other than paragraph (2B)(c), (d), (e), (f), (g) or (h) or (2C)(a), (b), (c) or (d)):\n    (a) if the expression is also used in the Protocol (whether or not a particular meaning is assigned to it by the Protocol)—the expression has, in this section, the same meaning as in the Protocol; or\n    (b) subject to paragraph (a), if the expression is also used in the provisions of the Convention referred to in paragraph 1 of Article II of the Protocol (whether or not a particular meaning is assigned to it by the Convention)—the expression has, in this section, the same meaning as in the Convention.\n  (7) A direction under this Act is taken to relate to a ship involved in a maritime casualty referred to in subsection (1) even if the direction is issued under subparagraph (2)(b)(iv).","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Taking of measures to prevent pollution of sea by oil or noxious substances—general powers","content":"#### 10 Taking of measures to prevent pollution of sea by oil or noxious substances—general powers\n\n  (1) This section (other than subsections (3B) and (3C)) applies in relation to:\n    (a) any ship in internal waters, where:\n    (i) the ship is a ship in relation to which Australia has relevant international rights or obligations, whether arising under an international convention, treaty or otherwise; or\n    (ii) the ship is engaged in trade or commerce between Australia and a place or places outside Australia; or\n    (iii) the ship is engaged in trade or commerce between 2 places outside Australia; or\n    (iv) the ship is engaged in trade or commerce among the States; or\n    (v) the ship is engaged in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (vi) the ship is engaged in operations incidental to trade or commerce referred to in subparagraph (ii), (iii), (iv) or (v); or\n    (vii) the ship is owned, operated, managed or controlled by a constitutional corporation; or\n    (viii) the ship is demised or sub‑demised to, or in the exclusive possession of, a constitutional corporation; or\n    (ix) the beneficial interest in the ship is vested in a constitutional corporation; and\n    (b) any ship in the Australian coastal sea; and\n    (ba) any ship in the exclusive economic zone of Australia; and\n    (c) any Australian ship on the high seas.\n  (2) Where oil or a noxious substance is escaping, or has escaped, from a ship in relation to which this section applies, or the Authority is satisfied that oil or a noxious substance is likely to escape from such a ship, the Authority may, subject to subsection (4), take such measures as it considers necessary:\n    (a) to prevent, or reduce the extent of, the pollution or likely pollution, by the oil or noxious substance, of any Australian waters, any part of the Australian coast or any Australian reef;\n    (b) to prevent damage, or reduce the extent, or likely extent, of damage, to any of the related interests of Australia by reason of the pollution, or likely pollution, of the sea by the oil or noxious substance;\n    (c) to protect any Australian waters, any part of the Australian coast or any Australian reef from pollution or likely pollution by the oil or noxious substance;\n    (d) to protect any other related interests of Australia from damage by reason of the pollution, or likely pollution, of the sea by the oil or noxious substance; or\n    (e) in a case where the oil or noxious substance has escaped—to remove or reduce the effects, or likely effects, of pollution or likely pollution, by the oil or noxious substance, on any Australian waters, any part of the Australian coast, any Australian reef or any of the related interests of Australia.\n  (3) Without limiting the generality of subsection (2), the measures that the Authority may take under this section in relation to the ship include:\n    (a) the taking of action, whether or not directions have been issued under paragraph (b) in relation to the ship:\n    (i) to move the ship or part of the ship to another place;\n    (ii) to remove cargo from the ship;\n    (iii) to salvage the ship, part of the ship or any of the ship’s cargo;\n    (iv) to sink or destroy the ship or part of the ship;\n    (v) to sink, destroy or discharge into the sea any of the ship’s cargo; or\n    (vi) to take over control of the ship or part of the ship; or\n    (b) the issuing of directions of the kind authorized by section 11:\n    (i) to the owner of the ship;\n    (ii) to the master of the ship; or\n    (iii) to any salvor in possession of the ship; or\n    (iv) to any other person.\n  (3A) The Authority must not exercise its powers under subparagraph (3)(a)(iv) without the approval of the Minister.\n  (3B) Without limiting subparagraph (3)(b)(iv), a direction under that subparagraph may be issued to:\n    (a) the owner of any other ship; or\n    (b) the master of any other ship; or\n    (c) the owner of a tangible asset; or\n    (d) the controller of a tangible asset; or\n    (e) the supplier of goods; or\n    (f) a person to whom goods are being, or are proposed to be, supplied; or\n    (g) the supplier of a service; or\n    (h) a person to whom a service is being, or is proposed to be, supplied.\n  (3C) The Authority must not issue a direction under subparagraph (3)(b)(iv) to the owner or master of another ship unless the other ship is:\n    (a) in internal waters; or\n    (b) in the Australian coastal sea; or\n    (c) in the exclusive economic zone of Australia; or\n    (d) an Australian ship.\n  (4) The Minister and the Authority shall, in the exercise of powers under this section, act in accordance with the following principles:\n    (a) measures taken under this section shall be in proportion to the damage, whether actual or threatened, in relation to which the measures are taken;\n    (b) in determining whether measures are in proportion to the damage in relation to which the measures are taken, regard shall be had to:\n    (i) the extent and probability of imminent damage if the measures are not taken;\n    (ii) the likelihood of those measures being effective; and\n    (iii) the extent of the damage which may be caused by the measures;\n    (c) measures taken under this section shall not exceed those reasonably necessary to achieve the end sought to be achieved by the measures and shall cease as soon as that end has been achieved;\n    (d) measures taken under this section shall not unnecessarily interfere with the rights and interests of other countries, and of any persons, likely to be affected by the measures;\n    (e) in taking measures under this section, any risk to human life shall, as far as possible, be avoided.\n  (5) Where oil or a noxious substance is being, has been or is likely to be, discharged, intentionally or otherwise, from a ship, the discharge or likely discharge of the oil or noxious substance from the ship shall, for the purposes of this section, be deemed to be an escape or likely escape of the oil or noxious substance, as the case may be, from the ship.\n  (6) A direction under this Act is taken to relate to a ship referred to in subsection (2) even if the direction was issued under subparagraph (3)(b)(iv).\n  (8) In this section:\n\n> Australian coast includes the coast and the shores of any island forming part of Australia and the shores of any internal waters.\n\n> Australian reef means a reef in Australian waters or a reef outside Australian waters but forming part of the continental shelf of Australia.\n\n> Australian ship means:\n\n    (a) a ship registered in Australia; or\n    (b) an unregistered ship having Australian nationality.\n\n> Australian waters means the Australian coastal sea and internal waters.\n\n> noxious substance means a substance other than oil.\n\n> oil means crude oil, fuel oil, diesel oil and lubricating oil.\n\n> related interests of Australia, in relation to an escape or likely escape of oil or a noxious substance from a ship, means the interests of Australia directly affected or threatened by the escape or likely escape and, without limiting the generality of the foregoing, includes any of the following interests of Australia:\n\n    (a) maritime coastal, port or estuarine activities, including fisheries activities, in or connected with Australia, being activities constituting an essential means of livelihood of persons;\n    (b) the tourist attractions of any part of Australia; and\n    (c) the health of the coastal population of, and the well‑being of, any area of Australia, including the conservation of living marine resources and of wildlife in or connected with any area of Australia.\n\n> sea includes any waters within the ebb and flow of the tide.\n\n> substance other than oil has the same meaning as in the Protocol.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Directions under Act may require taking of action etc.","content":"#### 11 Directions under Act may require taking of action etc.\n\n  (1) A direction under this Act issued in relation to a ship (the first ship) covered by either of the following paragraphs:\n    (aa) a ship involved in a maritime casualty referred to in subsection 8(1) or 9(1);\n    (ab) a ship referred to in subsection 10(2);\n  may require the doing of any act or thing with respect to the first ship or the first ship’s cargo, or prohibit the doing of any such act or thing and, without limiting the generality of the foregoing, may:\n    (a) require or prohibit the movement of the first ship or part of the first ship, its movement to a place or area or its removal from a place or area; or\n    (b) require or prohibit the removal of cargo from the first ship; or\n    (c) require or prohibit the taking of salvage measures in relation to the first ship, part of the first ship or any of the first ship’s cargo; or\n    (d) require or prohibit the sinking or destruction of the first ship or part of the first ship; or\n    (e) require or prohibit the sinking, destruction or discharging into the sea of any of the first ship’s cargo; or\n    (f) require or prohibit the handing over of control of the first ship or part of the first ship; or\n    (g) require another ship to be made available for purposes in connection with unloading, receiving, treating, storing or disposing of any of the first ship’s cargo; or\n    (h) require another ship to be made available for purposes in connection with repairing, piloting, towing, berthing or securing the first ship; or\n    (i) require:\n    (i) the movement of another ship; or\n    (ii) the removal of another ship from a place or area;\n    where the movement or removal facilitates unloading, receiving, treating, storing or disposing of any of the first ship’s cargo; or\n    (j) require:\n    (i) the movement of another ship; or\n    (ii) the removal of another ship from a place or area;\n    where the movement or removal facilitates repairing, piloting, towing, berthing or securing the first ship; or\n    (k) prohibit:\n    (i) the movement of another ship; or\n    (ii) the removal of another ship from a place or area;\n    where the movement or removal is likely to impede or interfere with unloading, receiving, treating, storing or disposing of any of the first ship’s cargo; or\n    (l) prohibit:\n    (i) the movement of another ship; or\n    (ii) the removal of another ship from a place or area;\n    where the movement or removal is likely to impede or interfere with repairing, piloting, towing, berthing or securing the first ship; or\n    (m) require a tangible asset (other than a ship) to be made available for purposes in connection with unloading, receiving, treating, storing or disposing of any of the first ship’s cargo; or\n    (n) require a tangible asset (other than a ship) to be made available for purposes in connection with repairing, piloting, towing, berthing or securing the first ship; or\n    (o) require:\n    (i) the movement of a tangible asset (other than a ship); or\n    (ii) the removal of a tangible asset (other than a ship) from a place or area;\n    where the movement or removal facilitates unloading, receiving, treating, storing or disposing of any of the first ship’s cargo; or\n    (p) require:\n    (i) the movement of a tangible asset (other than a ship); or\n    (ii) the removal of a tangible asset (other than a ship) from a place or area;\n    where the movement or removal facilitates repairing, piloting, towing, berthing or securing the first ship; or\n    (q) prohibit:\n    (i) the movement of a tangible asset (other than a ship); or\n    (ii) the removal of a tangible asset (other than a ship) from a place or area;\n    where the movement or removal is likely to impede or interfere with unloading, receiving, treating, storing or disposing of any of the first ship’s cargo; or\n    (r) prohibit:\n    (i) the movement of a tangible asset (other than a ship); or\n    (ii) the removal of a tangible asset (other than a ship) from a place or area;\n    where the movement or removal is likely to impede or interfere with repairing, piloting, towing, berthing or securing the first ship; or\n    (s) require a specified place to be treated as a place of refuge for the first ship; or\n    (t) require the supply of services by way of, or in connection with:\n    (i) unloading, receiving, treating, storing or disposing of any of the first ship’s cargo; or\n    (ii) repairing, piloting, towing, berthing or securing the first ship; or\n    (u) require the temporary release of contractual obligations, where the fulfilment of those obligations is likely to impede or interfere with the carrying out of any other direction under this Act that relates to the first ship.\n  (1A) The Authority must not issue a direction under paragraph (1)(d) without the approval of the Minister.\n  (2) Without limiting the generality of subsection (1), a direction under this Act may:\n    (a) require that an act or thing be done in accordance with the direction, or with the approval, or in accordance with the instructions, of a specified person; or\n    (b) prohibit the doing of an act or thing except in accordance with the direction, or with the approval, or in accordance with the instructions, of a specified person.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Addressing of directions under Act etc.","content":"#### 12 Addressing of directions under Act etc.\n\n  A direction under this Act:\n    (a) in the case of a direction to the owner of a ship—may be addressed to the owner of the ship without specifying the name of the owner or any of the owners of the ship; or\n    (b) in the case of a direction to the master of a ship—may be addressed to the master of the ship without specifying him or her by name; or\n    (c) in the case of a direction to the salvor in possession of a ship—may be addressed to the salvor in possession of the ship without specifying him or her by name; or\n    (d) in the case of a direction to the owner of a tangible asset (other than a ship)—may be addressed to the owner of the tangible asset without specifying the name of the owner, or any of the owners, of the tangible asset; or\n    (e) in the case of a direction to the controller of a tangible asset (other than a ship)—may be addressed to the controller of the tangible asset without specifying the name of the controller, or any of the controllers, of the tangible asset.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Issuing of more than one direction in relation to a ship","content":"#### 13 Issuing of more than one direction in relation to a ship\n\n  Nothing in this Act shall be taken to prevent the issuing (whether to the same person or to different persons) of more than one direction under this Act, or under a provision of this Act, in relation to a ship.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Directions under Act to ship or tangible asset with more than one owner etc.","content":"#### 14 Directions under Act to ship or tangible asset with more than one owner etc.\n\n  (1) Where there is more than one owner of a ship or more than one salvor in possession of a ship, a direction under this Act issued to the owner of the ship or to the salvor in possession of the ship has effect, for the purposes of this Act, as a direction issued to each of the owners of the ship or each salvor in possession of the ship, as the case requires.\n  (2) If there is more than one owner of a tangible asset (other than a ship), a direction under this Act issued to the owner of the tangible asset has effect, for the purposes of this Act, as a direction issued to each of the owners of the tangible asset.\n  (3) If there is more than one controller of a tangible asset (other than a ship), a direction under this Act issued to the controller of the tangible asset has effect, for the purposes of this Act, as a direction issued to each of the controllers of the tangible asset.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Revocation and variation of directions under Act","content":"#### 15 Revocation and variation of directions under Act\n\n  Where the Authority has issued a direction under this Act to a person or to 2 or more persons, the Authority may, by a further direction issued to that person or those persons, revoke or vary the earlier direction.","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Directions under Act to be in writing","content":"#### 16 Directions under Act to be in writing\n\n  A direction under this Act shall be in writing.","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Service of directions under Act","content":"#### 17 Service of directions under Act\n\n  Service of directions on the owner, master or salvor of a ship\n  (1) A direction under this Act to any of the following persons:\n    (a) the owner of a ship;\n    (b) the master of a ship;\n    (c) the salvor in possession of a ship;\n  is to be served on the person in accordance with subsections (2) to (7) and, for the purposes of section 19, is taken to have been issued to the person at the time when it is served on the person in accordance with subsections (2) to (7).\n  (2) Service of a direction under this Act on the owner or the owners of a ship may be effected:\n    (a) by serving it personally on the owner or on all or any of the owners, as the case may be, of the ship or, if an owner who is to be served is a body corporate, on a director, secretary or other officer of the body corporate;\n    (b) by serving it personally on any agent of the ship or, if an agent who is to be served is a body corporate, on a director, secretary or other officer of the body corporate; or\n    (c) by serving it on the master of the ship.\n  (3) Where there is more than one owner of a ship, a direction under this Act that is served on any of the owners of the ship shall be deemed, for the purposes of this Act, to be served on all those owners.\n  (4) Service of a direction under this Act on the master of a ship may be effected by serving it personally on the master of the ship or, if for any reason (including the absence of the master from the ship) it is not practicable to serve the notice on the master, by delivering it to any person on board the ship who appears to be an officer of the ship.\n  (5) Service of a direction under this Act on a salvor in possession of a ship may be effected by serving it personally on the person who appears to be in charge of salvage operations.\n  (6) Where it is not reasonably practicable to serve a direction under this Act in accordance with the preceding provisions of this section, the direction shall be deemed to have been served on the person or persons to whom it is issued if the contents are transmitted to the ship concerned by any means and receipt of the transmission is acknowledged by a person on board the ship.\n  (7) A person authorized in writing by the Authority for the purposes of this section may go on board a ship for the purpose of serving a direction under this Act on a person on board the ship.\n  Service of directions on persons other than the owner, master or salvor of a ship\n  (8) A direction under this Act to a person other than:\n    (a) the owner of a ship; or\n    (b) the master of a ship; or\n    (c) the salvor in possession of a ship;\n  is to be served on the person in accordance with subsection (9) or (10) and, for the purposes of section 19, is taken to have been issued to the person:\n    (d) if paragraph (9)(d) applies—at the time when it is served on the person in accordance with section 28A of the Acts Interpretation Act 1901; or\n    (e) if paragraph (9)(e) applies—at the time of receipt of the electronic communication (see section 14 of the Electronic Transactions Act 1999); or\n    (f) if paragraph (10)(d) applies—at the time when it is served on the person in accordance with that paragraph; or\n    (g) if paragraph (10)(e) applies—at the time of receipt of the electronic communication (see section 14 of the Electronic Transactions Act 1999).\n\n> Note: See also section 29 of the Acts Interpretation Act 1901.\n\n  (9) Service of a direction under this Act on a person other than:\n    (a) the owner of a ship; or\n    (b) the master of a ship; or\n    (c) the salvor in possession of a ship;\n  may, in a case where the person is an individual or a body corporate, be effected:\n    (d) in accordance with section 28A of the Acts Interpretation Act 1901; or\n    (e) by sending the contents of the direction to the person by means of an electronic communication.\n  (10) Service of a direction under this Act on a person other than:\n    (a) the owner of a ship; or\n    (b) the master of a ship; or\n    (c) the salvor in possession of a ship;\n  may, in a case where the person is a body politic, be effected:\n    (d) by leaving it at, or sending it by pre‑paid post to, an office of a department or agency of the body politic; or\n    (e) by sending the contents of the direction to the person, or to a representative of the person, by means of an electronic communication.","sortOrder":16},{"sectionNumber":"17A","sectionType":"section","heading":"Liability for acts and omissions","content":"#### 17A Liability for acts and omissions\n\n  Minister\n  (1) Criminal or civil proceedings do not lie against:\n    (a) the Minister; or\n    (b) a delegate of the Minister;\n  because of an act done or omitted to be done in the exercise of any power conferred on the Minister by or under this Act.\n  Authority\n  (2) Criminal or civil proceedings do not lie against:\n    (a) the Authority; or\n    (b) a member of the Authority; or\n    (c) a member of the staff of the Authority; or\n    (d) a delegate of the Authority;\n  because of an act done or omitted to be done in the exercise of any power conferred on the Authority by or under this Act.\n  Persons specified in directions under this Act\n  (3) If a person was specified in a direction under this Act as mentioned in paragraph 11(2)(a) or (b), criminal or civil proceedings do not lie against the person because of an act done or omitted to be done in the exercise of any power conferred on the person by or under the direction.\n  Persons subject to directions under this Act\n  (4) If a direction under this Act is or was issued to a person, criminal or civil proceedings do not lie against the person because of an act done or omitted to be done in compliance with the direction.\n  (5) Subsection (4) does not apply to a proceeding under the Protection of the Sea (Civil Liability) Act 1981.\n  (5A) Subsection (4) does not apply to:\n    (a) a proceeding under the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008; or\n    (b) a proceeding on a maritime claim referred to in paragraph 4(3)(ba) of the Admiralty Act 1988 (about claims relating to bunker oil pollution damage).\n  (6) Subsection (4) does not apply to the extent to which it is inconsistent with an international agreement to which Australia is a party.\n  Compensation for acquisition of property\n  (7) This section does not apply to a proceeding under section 22.\n  Varied direction\n  (8) A reference in this section to a direction under this Act must, in the case of a direction that has been varied by a further direction issued under section 15, be construed as a reference to the direction as so varied by that further direction.\n  Application\n  (9) Subsections (1), (2), (3) and (4) do not apply to an act done, or omitted to be done, before the commencement of this section.","sortOrder":17},{"sectionNumber":"17B","sectionType":"section","heading":"Expenses of compliance with certain directions under Act may be recovered from owner of ship","content":"#### 17B Expenses of compliance with certain directions under Act may be recovered from owner of ship\n\n  (1) If:\n    (a) a person is or was subject to a direction under this Act; and\n    (b) the direction relates to:\n    (i) a ship involved in a maritime casualty referred to in subsection 8(1) or 9(1); or\n    (ii) a ship referred to in subsection 10(2); and\n    (c) the person is not the owner, or one of the owners, of the ship; and\n    (d) the person incurs a reasonable expense in complying with the direction; and\n    (e) the direction requires the supply of a service to the owner of the ship; and\n    (f) apart from this section, the owner of the ship is not liable to pay the amount of the expense to the person;\n  the amount of the expense is a debt due to the person:\n    (g) if there is only one owner of the ship—by the owner of the ship; or\n    (h) if there are 2 or more owners of the ship—jointly and severally by the owners of the ship.\n  (2) A debt due under subsection (1) may be recovered in:\n    (a) the Federal Court of Australia; or\n    (b) any other court of competent jurisdiction.\n  (3) Subsection (1) does not apply to the extent to which it is inconsistent with an international agreement to which Australia is a party.\n  Varied direction\n  (4) A reference in this section to a direction under this Act must, in the case of a direction that has been varied by a further direction issued under section 15, be construed as a reference to the direction as so varied by that further direction.\n  Application\n  (5) Subsection (1) does not apply to a direction issued before the commencement of this section.","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Change in ownership or master of ship, or change in ownership of tangible asset","content":"#### 18 Change in ownership or master of ship, or change in ownership of tangible asset\n\n  (1) Where a direction under this Act issued to the owner of a ship is served in accordance with subsections 17(2) to (7) and a change in the ownership of the ship subsequently occurs while the direction is in force, the person who was the owner at the time the notice was served:\n    (a) shall forthwith notify any new owner of the ship of the existence and contents of the direction; and\n    (b) shall forthwith notify the Authority, in accordance with the regulations, of the change in the ownership of the ship and furnish the Authority with such particulars of the change as are prescribed for the purposes of this subsection.\n  (2) Where a direction under this Act issued to the master of a ship is served in accordance with subsections 17(2) to (7) and the person who is the master of the ship subsequently ceases to be the master of the ship while the direction is in force, the person who ceases to be the master of the ship:\n    (a) shall forthwith notify the new master (if any) of the existence and contents of the direction; and\n    (b) shall forthwith notify the Authority, in accordance with the regulations, of his or her ceasing to be the master of the ship and furnish the Authority with such particulars as are prescribed for the purposes of this subsection.\n  (3) If a direction under this Act issued to the owner of a tangible asset (other than a ship) is served in accordance with subsection 17(9) or (10) and a change in the ownership of the tangible asset subsequently occurs while the direction is in force, the person who was the owner at the time the notice was served:\n    (a) must immediately notify any new owner of the tangible asset of the existence and contents of the direction; and\n    (b) must immediately notify the Authority, in accordance with the regulations, of the change in the ownership of the tangible asset and give the Authority such particulars of the change as are prescribed for the purposes of this subsection.\n  (4) A person commits an offence if:\n    (a) a person is subject to a requirement under subsection (1), (2) or (3); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct breaches the requirement.\n\nPenalty: 50 penalty units.","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Contravention of direction under Act etc.","content":"#### 19 Contravention of direction under Act etc.\n\n  (1) A person commits an offence if:\n    (a) a person is subject to a direction under this Act; and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct breaches the direction.\n\nPenalty: 2,000 penalty units or imprisonment for 5 years, or both.\n\n  (4) It is a defence to a prosecution for an offence against subsection (1) if it is proved:\n    (a) that the breach of the direction resulted from the need to save life at sea; or\n    (b) that compliance with the direction was not possible; or\n    (c) if the direction requires an act or thing to be done before a particular time—that compliance with the direction was not possible before that time and the direction was complied with as soon as possible after that time.\n  (5) A reference in this section to a direction under this Act shall, in the case of a direction that has been varied by a further direction issued under section 15, be construed as a reference to the direction as so varied by that further direction.","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"No time limit for prosecution","content":"#### 20 No time limit for prosecution\n\n  A prosecution for an offence against this Act may be brought at any time.","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Evidence","content":"#### 21 Evidence\n\n  Where in proceedings for an offence against a provision of this Act it is established:\n    (a) that a direction under this Act has been served on the owner of a ship by serving it on a person or body corporate as the agent of the ship; and\n    (b) that the person or body corporate had, at any time before the direction was so served, acted as an agent of the ship;\n  the person or body corporate shall be deemed, unless the contrary is proved, to have been an agent of the ship at the time when the direction was served.\n\n> Note: The defendant bears a legal burden in relation to the matter in this section (see section 13.4 of the Criminal Code).","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Compensation for acquisition of property","content":"#### 22 Compensation for acquisition of property\n\n  (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in:\n    (a) the Federal Court of Australia; or\n    (b) any other court of competent jurisdiction;\n  for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Regulations","content":"#### 23 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, exempting, either absolutely or subject to conditions, a prescribed ship, or ships included in a prescribed class of ships, from all or any of the provisions of this Act.","sortOrder":24}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1981 Act was narrowly focused on implementing the 1969 International Convention for oil spill intervention on the high seas. The scope has expanded significantly through amendments to cover: (1) hazardous substances other than oil via the 1973 Protocol (Section 9); (2) general powers extending to internal waters and the exclusive economic zone, not just high seas (Section 10); (3) commandeering of third-party ships, land, equipment, and services far beyond the original ship-focused regime (Sections 8(2B), 9(2B), 10(3B), 11); (4) constitutional corporation powers expanding jurisdiction over foreign ships engaged in Australian trade; and (5) complex immunity and cost-recovery provisions creating a comprehensive domestic enforcement framework beyond simple treaty implementation."},"complexity_factors":["Multiple overlapping power schemes: three distinct intervention regimes (oil on high seas, chemicals on high seas, general powers for Australian waters) with slightly different triggers and procedural requirements","Extensive cross-referencing to international treaties: the Convention and Protocol are incorporated by reference with complex 'as amended from time to time' provisions, and specific articles (III, V) are applied differently across sections","Dual definitions for 'ship' depending on which section applies (Convention meaning vs Navigation Act 2012 meaning)","Nested conditional logic in Section 10(1): 9 separate jurisdictional hooks for ships in internal waters, requiring parsing of constitutional trade and commerce powers and corporate powers","Complex service of directions provisions (Section 17): different rules for ship owners/masters/salvors vs other persons, with deemed service provisions and electronic communication rules","Multiple limitation clauses: Ministerial approval required for sinking/destruction powers (ss 8(2A), 9(2A), 10(3A), 11(1A)), immunity exceptions for certain civil liability proceedings (s 17A(5)-(6)), and carve-outs for international agreements","21 defined terms in interpretation section, several incorporating definitions from other Acts (Competition and Consumer Act, Criminal Code, Electronic Transactions Act, Navigation Act 2012)","Direction prevails over other laws (Section 5) but with complex exceptions preserving constitutional inconsistency doctrines and future specific statutory references"],"plain_english_summary":"This law gives the Australian Maritime Safety Authority (AMSA) extraordinary emergency powers to prevent or clean up major oil and chemical spills at sea that threaten Australia's coastline.\n\n**What it does:**\n- Allows AMSA to take direct action or issue binding orders when there's a 'grave and imminent danger' of pollution from a maritime accident (like a shipwreck or collision)\n- Covers both **oil spills** (Section 8) and **hazardous chemicals** (Section 9) on the high seas, plus general powers for spills in Australian waters (Section 10)\n- AMSA can: move or destroy ships, dump cargo at sea, seize control of vessels, commandeer other ships or equipment, and direct owners, masters, or salvors to take specific actions\n- Directions can also be issued to suppliers of goods/services and owners of land or equipment needed for the response\n\n**Who it affects:**\n- Ship owners, captains (masters), and salvage operators involved in maritime casualties\n- Other ship owners and operators in Australian waters who might be commandeered to help\n- Owners of land, equipment, or facilities needed for spill response\n- Suppliers of goods and services required for cleanup operations\n\n**Why it matters:**\nThis is Australia's 'break glass in case of emergency' law for maritime disasters. It overrides normal property rights and commercial contracts when there's a serious environmental threat. The law explicitly says AMSA's directions prevail over conflicting State/Territory laws and other Commonwealth laws. It provides legal immunity for people acting under AMSA's orders (though they can claim expenses from ship owners), and criminal penalties (up to 5 years prison) for refusing to comply.\n\nThe law implements Australia's obligations under two international treaties: the 1969 Intervention Convention (oil spills) and the 1973 Protocol (other hazardous substances)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act itself sets a wide extraterritorial scope (applies within and outside Australia, to external Territories, Australian coastal sea, EEZ and to Australian ships) and declares Protocol provisions operative whether or not the Protocol has entered into force (s6, s3(2), s10(1)). The text contains no internal indication that its territorial or subject‑matter scope has been altered from that stated in the Act."},"complexity_factors":["Cross‑jurisdictional scope: applies on the high seas, in Australian waters, EEZ and to Australian ships (s6, s10(1)) which raises international law and extraterritoriality issues.","Integration with international instruments: direct incorporation and operational constraints referencing the Convention and Protocol (s3, s8(4), s9(4), s10(4)).","Broad discretionary operational powers: wide range of invasive measures (move, unload, salvage, take control, sink/destroy) exercisable by the Authority (ss8(2)(a), 9(2)(a), 10(3)(a)).","Ministerial oversight carve‑outs: specific powers (sinking/destruction) require Minister approval (s8(2A), s9(2A), s10(3A)), adding an extra decision node.","Complex compliance and service rules: detailed rules for addressing, serving and varying directions and for multiple owners/controllers (ss11–18, 12, 17).","Liability, immunity and recovery regimes: statutory immunities for officials and those acting under directions (s17A), expense recovery against owners (s17B), compensation for acquisition (s22).","Criminal enforcement architecture: high penalties, no time limit for prosecution (s19, s20) and specific defences, increasing legal risk for affected parties.","Interplay with State/Territory and other Commonwealth laws: primacy rules and possible inconsistencies, plus delegation powers (s5, s7, s5(1C))."],"plain_english_summary":"This Act lets the Australian Maritime Safety Authority (with Minister approval for sinking or destruction) take or direct measures to prevent or respond to pollution from maritime casualties on the high seas, in Australian waters, or involving Australian ships. Measures can include moving, unloading, salvaging, taking control of, or sinking ships or cargo (ss8–10; addressees: s8(2B), s9(2B), s10(3B)). The Minister and Authority must act in accordance with Convention Articles (s8(4), s9(4), s10(4)). The Act creates offences for non‑compliance and sets liability, immunity and compensation rules."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original Act (1981) implemented the 1969 Intervention Convention, primarily focused on oil pollution emergencies on the high seas. Over time, scope expanded significantly: the Protocol covering non-oil hazardous substances was added; general domestic powers (section 10) were introduced covering Australian waters beyond just high seas situations; the range of persons who can receive directions was broadened to include third-party goods/service suppliers, asset owners, and controllers far removed from the incident ship; and explicit 'place of refuge' powers were added. The Act now operates as a broad domestic maritime emergency intervention framework, well beyond its original treaty-implementation purpose."},"complexity_factors":["Multiple jurisdictional layers: internal waters, territorial sea, exclusive economic zone, and high seas each trigger different provisions","Dual international treaty framework (1969 Convention for oil + 1973 Protocol for other substances) incorporated by reference, requiring readers to consult external documents including Schedules","Different definitions of 'ship' apply depending on which section is engaged (Convention definition vs Navigation Act definition)","Extensive cross-referencing between sections (e.g., directions defined across ss.8, 9, 10, 11, 15) making the Act difficult to read linearly","Nested constitutional law considerations: corporations power (s.51(xx)), acquisition of property on just terms (s.51(xxxi)), and s.109 Commonwealth-State inconsistency all require legal background to understand","Broad direction powers extending to third parties (suppliers of goods/services, controllers of tangible assets) beyond the obvious ship owner/master","Immunity provisions with multiple carve-outs (civil liability Acts, international agreements, property acquisition proceedings) requiring careful qualification","The Protocol's non-oil substance powers declared operative regardless of international entry into force — an unusual legislative technique","Service of directions provisions are detailed and multi-layered depending on the type of recipient (individual, corporation, government body)"],"plain_english_summary":"This Act gives the Australian Maritime Safety Authority (with Minister sign‑off for extreme steps like sinking a ship) sweeping powers to intervene when a vessel threatens oil or hazardous pollution—on the high seas and in Australian waters—to protect coasts, reefs and fisheries. AMSA can issue binding directions, take direct action, and override conflicting state rules.\n\nNon‑compliance attracts heavy criminal penalties; people who follow directions are protected from suit, can recover costs, and may be compensated if property is effectively taken. It affects shipowners, crews, salvors, suppliers and coastal communities."}},"importantCases":[],"_links":{"self":"/api/acts/protection-of-the-sea-powers-of-intervention-act-1981","history":"/api/acts/protection-of-the-sea-powers-of-intervention-act-1981/history","analysis":"/api/acts/protection-of-the-sea-powers-of-intervention-act-1981/analysis","conflicts":"/api/acts/protection-of-the-sea-powers-of-intervention-act-1981/conflicts","importantCases":"/api/acts/protection-of-the-sea-powers-of-intervention-act-1981/important-cases","documents":"/api/acts/protection-of-the-sea-powers-of-intervention-act-1981/documents"}}