{"id":"F1996B04184","name":"Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations 1994","slug":"protection-of-the-sea-prevention-of-pollution-from-ships-orders-regulations-1994","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"468 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110918,"registerId":"commonwealth-F1996B04184-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations 1994","content":"![](image.001.png)\n\nProtection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations 1994\n\nStatutory Rules 1994 No. 468 as amended\n\nmade under the\n\nProtection of the Sea (Prevention of Pollution from Ships) Act 1983\n\nThis compilation was prepared on 28 February 2009 \ntaking into account amendments up to SLI 2009 No. 27\n\nPrepared by the Office of Legislative Drafting, \nAttorney‑General’s Department, Canberra\n\nContents\n\n1 Name of Regulations \\[see Note 1\\]\n\n2 Commencement\n\n3 Interpretation\n\n4 Offences\n\nNotes\n\n1 Name of Regulations \\[see Note 1\\]\n\nThese Regulations are the Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations 1994.\n\n2 Commencement\n\nThese Regulations commence on 10 January 1995.\n\n3 Interpretation\n\nIn these Regulations, unless the contrary intention appears:\n\n> Act means the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n4 Offences\n\n(1) A person must not fail to comply with a provision of an order, made under subsection 34 (1) of the Act, that is expressed to be a penal provision.\n\nPenalty: 50 penalty units.\n\n(2) An offence against subregulation (1) is an offence of strict liability.\n\n> Note For strict liability, see section 6.1 of the Criminal Code.\n\n> Notes to the Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations 1994\n\n> Note 1\n\n> Note: The Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations 1994 (in force under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983) as shown in this compilation comprise Statutory Rules 1994 No. 468 amended as indicated in the Tables below.\n\n> Note: > Note: Table of Instruments\n\n| Year andnumber | Date of notificationin Gazette orFRLI Registration | Date ofcommencement | Application, saving ortransitional provisions |\n| ---------------- | -------------------------------------------------- | ------------------- | --------------------------------------------- |\n| 1994 No. 468 | 30 Dec 1994 | 10 Jan 1995 | |\n| 2001 No. 351 (a) | 21 Dec 2001 | 21 Dec 2001 | — |\n| 2009 No. 27 | 27 Feb 2009 (see F2009L00698) | 28 Feb 2009 | — |\n\n> Note: (a) Statutory Rules 2001 No. 351 was made under the Navigation Act 1912, the Protection of the Sea (Oil Pollution Compensation Fund) Act 1993, the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 and the Shipping Registration Act 1981.\n\n> Note: > Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 2001 No. 351

R. 4.................

rs. 2001 No. 351

am. 2009 No. 27

\n```","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The compiled instrument shows amendments after the original 1994 regulations: R.1 and R.4 were repealed/substituted by Statutory Rules 2001 No.351, and R.4 was further amended by 2009 No.27 (see Notes: Table of Instruments and Table of Amendments). To identify the precise substantive changes to scope, consult those amending instruments and the primary Act."},"complexity_factors":["Cross-reference to primary Act: offence applies to orders made under s.34(1) of the Protection of the Sea Act — scope depends on that Act (reg 4(1); reg 3 defines \"Act\").","Strict liability: offence is strict liability, which removes requirement to prove fault under the Criminal Code (reg 4(2); see Criminal Code s 6.1 referenced in note).","Fixed monetary penalty: penalty is set at 50 penalty units, so practical cost is numeric but changes with penalty unit value (reg 4(1)).","Trigger condition is textual: applies only where an order is \"expressed to be a penal provision\", so legal effect depends on how orders are drafted and expressed (reg 4(1)).","Sparse procedural detail: enforcement, notice, and proof procedures are not set out here and require reference to the Act and prosecutorial practice (reg 4 silent on procedure).","Amendment history: R.1 and R.4 were amended/replaced (2001 No.351; R.4 amended 2009 No.27), so current application may differ from the original instrument and requires checking amending instruments (Notes: Table of Instruments/Amendments)."],"plain_english_summary":"These Regulations make it a criminal offence to fail to comply with an order made under s.34(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act when that order is expressed to be a penal provision. The offence carries a penalty of 50 penalty units and is one of strict liability. It applies to anyone bound by such orders (for example shipowners, masters or operators), attaching a defined monetary sanction and a lowered fault requirement to breaches."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Regulations remain tightly focused on their original purpose: providing a penalty mechanism for non-compliance with ministerial orders made under the parent Act. The 2001 amendment modernised the offence structure (introducing strict liability and aligning with the Criminal Code), and the 2009 amendment updated the penalty amount, but neither expanded the scope beyond enforcing section 34(1) orders."},"complexity_factors":["Only 4 regulations total, with minimal text","Single defined term ('Act') in the interpretation section","No cross-references beyond the parent Act (subsection 34(1))","Simple binary structure: order made + penal provision declared + non-compliance = offence","Only one amendment of substance (2001) which restructured the offence provision, and one minor amendment (2009) adjusting penalty units","No exceptions, exemptions, or conditional logic beyond the 'unless the contrary intention appears' standard interpretative clause"],"plain_english_summary":"These Regulations make ministerial orders under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 criminally enforceable: if the Minister (or delegate) issues an order and marks it a penal provision, non‑compliance is an offence carrying a penalty of 50 penalty units. The offence is strict liability, so intention need not be proven. It primarily affects ship owners, masters and operators in Australian waters and gives ministerial pollution controls real legal teeth."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/protection-of-the-sea-prevention-of-pollution-from-ships-orders-regulations-1994","history":"/api/acts/protection-of-the-sea-prevention-of-pollution-from-ships-orders-regulations-1994/history","analysis":"/api/acts/protection-of-the-sea-prevention-of-pollution-from-ships-orders-regulations-1994/analysis","conflicts":"/api/acts/protection-of-the-sea-prevention-of-pollution-from-ships-orders-regulations-1994/conflicts","importantCases":"/api/acts/protection-of-the-sea-prevention-of-pollution-from-ships-orders-regulations-1994/important-cases","documents":"/api/acts/protection-of-the-sea-prevention-of-pollution-from-ships-orders-regulations-1994/documents"}}