10AAProhibition of carriage or use of heavy grade oil on Australian ships in Arctic waters

10AA Prohibition of carriage or use of heavy grade oil on Australian ships in Arctic waters

(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 being used, or carried for use, as fuel on the ship in Arctic waters; and (d) either of the following apply: (i) for a ship without fuel tank protection—the person engages in the conduct on or after 1 July 2024; (ii) for a ship with fuel tank protection—the person engages in the conduct on or after 1 July 2029.

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 being used, or carried for use, as fuel on the ship in Arctic waters; and (d) either of the following apply: (i) for a ship without fuel tank protection—the person engages in the conduct on or after 1 July 2024; (ii) for a ship with fuel tank protection—the person engages in the conduct on or after 1 July 2029.

Penalty: 500 penalty units.

(3) An offence against subsection (2) is an offence of strict liability. (4) Subsections (1) and (2) do not apply to heavy grade oil that is carried or used as fuel on an Australian ship that is: (a) engaged in securing the safety of a ship; or (b) engaged in a search and rescue operation; or (c) dedicated to oil spill preparedness and response.

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 Arctic waters, heavy grade oil is carried or used as fuel 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.