46Non-compliance with notice under section 45(1)

46 Non-compliance with notice under section 45(1)

(1) If a notice under section 45(1) is served in respect of a vessel and a requirement specified in the notice is not complied with or a prohibition specified in it is contravened, the owner of the vessel is guilty of an indictable offence and liable to a penalty of not more than 500 penalty units.

(2) It is a defence to a charge under subsection (1) for the person charged to prove—

(a) that the failure to comply with the notice resulted from the need to save life at sea; or

(b) that compliance with the notice was not reasonably practicable in the circumstances.

(3) If a requirement specified in a notice under section 45(1) is not complied with, the Minister may, whether or not the owner of the vessel has been convicted of an offence under subsection (1), cause such things to be done as the Minister thinks proper for the carrying out of the action required by the notice to be carried out.

(4) If—

(a) a notice under section 45(1) is served in respect of a vessel which is not a tanker; and

(b) a requirement specified in the notice is not complied with or a prohibition specified in it is contravened; and

(c) a prohibited discharge occurs from the vessel because the requirement was not complied with or the prohibition was contravened—

the Minister may, whether or not the owner of the vessel has been convicted of an offence under subsection (1), cause any things to be done that the Minister thinks proper to prevent, or reduce the extent of, the pollution of State waters or any part of the Victorian coast or to remove or reduce the effects of that pollution.

(5) Subject to subsection (6), the amount of any expense or other liability incurred by the Minister in, or by reason of, the exercise of his or her powers under subsection (3) or (4) in relation to a vessel—

(a) is a debt due to the Crown by, and may be recovered from, the owner of the vessel; and

(b) is a charge on the vessel—

and the vessel may be detained by a person authorised by the Minister until the amount is paid or security for its payment is provided to the satisfaction of the Minister.

(6) Subsection (5) does not apply in relation to the amount of any expense or other liability incurred by the Minister in, or by reason of, the exercise of his or her powers under subsection (4) in relation to a prohibited discharge that has occurred from a vessel if—

(a) the failure of the owner of the vessel to comply with the notice under section 45(1) resulted from the need to save life at sea; or

(b) compliance with the notice was not reasonably practicable in the circumstances.