16Causing discharge of oil into State waters from a ship prohibited

16 Causing discharge of oil into State waters from a ship prohibited

16 Causing discharge of oil into State waters from a ship prohibited

(1) A crew member of a ship is guilty of an offence if the crew member’s act causes any oil to be discharged from the ship into State waters.

Maximum penalty—$500,000.

(2) A person involved in the operation or maintenance of a ship is guilty of an offence if the person’s act causes any oil to be discharged from the ship into State waters.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

(3) In proceedings for an offence against this section in relation to a ship—

(a) it is sufficient for the prosecution to allege and prove that—

(i) oil was discharged from the ship into State waters, and

(ii) the crew member or person involved in the operation or maintenance of the ship committed an act that caused the discharge, but

(b) it is a defence if it is proved that, by virtue of Division 2, this section does not apply in relation to the discharge.

s 16: Am 2021 No 8, Sch 1.2[9].