10AProhibition of carriage or use of heavy grade oil on Australian ships in the Antarctic Area

10A Prohibition of carriage or use of heavy grade oil on Australian ships in the Antarctic Area

(1) A person commits an offence if: (a) the person is the master or owner of an Australian ship; and (b) the person engages in conduct; and (c) the conduct results in heavy grade oil: (i) being carried as cargo in bulk; or (ii) being used, or carried for use, as fuel; or (iii) being used as ballast; on the ship in the Antarctic Area.

Penalty: 2,000 penalty units.

(2) A person commits an offence if: (a) the person is the master or owner of an Australian ship; and (b) the person engages in conduct; and (c) the conduct results in heavy grade oil: (i) being carried as cargo in bulk; or (ii) being used, or carried for use, as fuel; or (iii) being used as ballast; on the ship in the Antarctic Area.

Penalty: 500 penalty units.

(3) An offence against subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(4) Subsections (1) and (2) do not apply to heavy grade oil that is carried or used as fuel, or used as ballast, on an Australian ship for the purpose of securing the safety of a ship or saving life at sea.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.

(5) If, at any time (whether before or after this section commences) before an Australian ship enters the Antarctic Area, heavy grade oil is carried or used as fuel, or used as ballast, on the ship, subsections (1) and (2) do not apply to any residue of the oil that is not cleaned or flushed from a tank or pipeline of the ship.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.