47Report if ship abandoned or master otherwise unable to make report—the Act, s 243(2)(a) and (c)

47 Report if ship abandoned or master otherwise unable to make report—the Act, s 243(2)(a) and (c)

47 Report if ship abandoned or master otherwise unable to make report—the Act, s 243(2)(a) and (c)

(1) Each responsible person for a ship must report a reportable transfer operation incident, in relation to the ship, to the Minister if—

(a) the ship is abandoned, or

(b) the master of the ship is unable to report the reportable transfer operation incident to the Minister.

Maximum penalty—$11,000.

(2) The Minister may direct a responsible person for a ship to give additional reports.

(3) A responsible person must comply with the direction.

Maximum penalty—$11,000.

(4) A report under this section must be made—

(a) in accordance with Schedule 3, and

(b) for a report under subsection (1)—as soon as practicable after the responsible person becomes aware of the reportable transfer incident, and within 24 hours after becoming aware of the incident, and

(c) for a report under subsection (2)—within 24 hours after the Minister gives the direction, or a longer period, not more than 14 days, approved by the Minister in writing.

(5) It is a defence to a prosecution under this section if the responsible person for the ship establishes—

(a) the person was unable to make the report, or

(b) the person believed on reasonable grounds that another responsible person or the master of the ship had provided the report, or

(c) the person had another reasonable excuse.

s 47: Am 2024 (604), Sch 1[9].