Protection of the Sea (Oil Pollution Compensation Funds) Act 1993

Who Can Claim Compensation?

Anyone who suffers oil pollution damage from a ship — individuals, businesses, governments, fishing communities — can potentially make a claim. Claims are brought in the Federal Court or a Supreme Court of any State or Territory.

What Australian Maritime Safety Authority (AMSA) Does

AMSA acts as the government's administrator. It:

• Collects information about who is receiving oil (to figure out who owes contributions)
• Passes that information to the international funds
• Can require companies to keep records and file returns

Penalties for Non-Compliance

If you're required to report information and you don't: up to $66,600 fine (300 penalty units). If you deliberately give false information: up to $111,000 fine (500 penalty units).

The Historical Shift

The Act originally also implemented an older 1971 international fund. That older fund has since been wound up (Australia formally left it), and those provisions have been repealed. The Act now focuses on the 1992 and 2003 systems.

The Bottom Line for Ordinary Australians

You're unlikely to interact with this law directly unless you:

• Own or operate an oil import terminal or refinery (you'll owe annual contributions)
• Suffer damage from a major oil spill near Australian waters (you may be able to claim compensation)
• Work in maritime or environmental law (you'll deal with the procedural rules regularly)