9Taking of measures to prevent pollution of sea by substances other than oil—maritime casualty on the high seas

9 Taking of measures to prevent pollution of sea by substances other than oil—maritime casualty on the high seas

(1) Where the Authority is satisfied that, following upon a maritime casualty on the high seas or acts related to such a casualty, there is grave and imminent danger to the coastline of Australia, or to the related interests of Australia, from pollution or threat of pollution of the sea by substances other than oil which may reasonably be expected to result in major harmful consequences, the Authority may take such measures, whether on the high seas or elsewhere, as it considers necessary to prevent, mitigate or eliminate the danger. (2) Without limiting the generality of subsection (1), the measures that the Authority may take under this section in relation to the ship, or any of the ships, involved in the maritime casualty include: (a) the taking of action, whether or not directions have been issued under paragraph (b) in relation to the ship: (i) to move the ship or part of the ship to another place; (ii) to remove cargo from the ship; (iii) to salvage the ship, part of the ship or any of the ship’s cargo; (iv) to sink or destroy the ship or part of the ship; (v) to sink, destroy or discharge into the sea any of the ship’s cargo; or (vi) to take over control of the ship or part of the ship; or (b) the issuing of directions of the kind authorized by section 11: (i) to the owner of the ship; (ii) to the master of the ship; or (iii) to any salvor in possession of the ship; or (iv) to any other person. (2A) The Authority must not exercise its powers under subparagraph (2)(a)(iv) without the approval of the Minister. (2B) Without limiting subparagraph (2)(b)(iv), a direction under that subparagraph may be issued to: (a) the owner of any other ship; or (b) the master of any other ship; or (c) the owner of a tangible asset; or (d) the controller of a tangible asset; or (e) the supplier of goods; or (f) a person to whom goods are being, or are proposed to be, supplied; or (g) the supplier of a service; or (h) a person to whom a service is being, or is proposed to be, supplied. (2C) The Authority must not issue a direction under subparagraph (2)(b)(iv) to the owner or master of another ship unless the other ship is: (a) in internal waters; or (b) in the Australian coastal sea; or (c) in the exclusive economic zone of Australia; or (d) an Australian ship. (3) This section does not authorize the taking of measures against a warship or other ship owned or operated by a foreign State and used, for the time being, only on government non‑commercial service. (4) The Minister and the Authority shall, in and in relation to the exercise of powers under this section, act in accordance with Articles III and V of the Convention as applying by virtue of Article II of the Protocol or, if the Protocol has not entered into force, in accordance with those Articles of the Convention as they would apply by virtue of that Article of the Protocol if the Protocol had entered into force. For this purpose, those Articles of the Convention as applying by virtue of Article II of the Protocol are taken to extend to the taking of measures under this section elsewhere than on the high seas. (5) This section shall not be construed as limiting or otherwise affecting any right or power that the Commonwealth may have, whether under international law, under this Act or otherwise, apart from this section. (6) Where an expression (other than high seas) is used in this section (other than paragraph (2B)(c), (d), (e), (f), (g) or (h) or (2C)(a), (b), (c) or (d)): (a) if the expression is also used in the Protocol (whether or not a particular meaning is assigned to it by the Protocol)—the expression has, in this section, the same meaning as in the Protocol; or (b) subject to paragraph (a), if the expression is also used in the provisions of the Convention referred to in paragraph 1 of Article II of the Protocol (whether or not a particular meaning is assigned to it by the Convention)—the expression has, in this section, the same meaning as in the Convention. (7) A direction under this Act is taken to relate to a ship involved in a maritime casualty referred to in subsection (1) even if the direction is issued under subparagraph (2)(b)(iv).