11BTransfer of oil cargo between oil tankers—transfer to be in accordance with ship‑to‑ship operations plan

11B Transfer of oil cargo between oil tankers—transfer to be in accordance with ship‑to‑ship operations plan

(1) A person commits an offence if: (a) the person is the master of an oil tanker (the subject oil tanker); and (b) the subject oil tanker has a gross tonnage of 150 or more; and (c) the subject oil tanker is engaged in the transfer of oil cargo with another oil tanker that has a gross tonnage of 150 or more; and (d) one of the following subparagraphs applies: (i) the transfer occurs while the subject oil tanker is in the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulation 41 of Annex I to the Convention in relation to the area of the sea where the transfer occurs; (ia) the transfer occurs while the subject oil tanker is in the outer territorial sea; (ii) the transfer occurs while the subject oil tanker is in the exclusive economic zone; (iii) the transfer occurs while the subject oil tanker is beyond the exclusive economic zone and the subject oil tanker is an Australian ship; and (e) the transfer is not in accordance with the subject oil tanker’s ship‑to‑ship operations plan.

Penalty: 200 penalty units.

(2) For the purposes of this section, a ship‑to‑ship operations plan for an oil tanker is: (a) if the oil tanker is an Australian ship—a plan: (i) that is in accordance with the appropriate prescribed form; and (ii) that is written in the working language of the master of, and the officers on board, the oil tanker; or (b) otherwise—a plan referred to in paragraph 1 of Regulation 41 of Annex I to the Convention. Exception (3) Subsection (1) does not apply if the transfer is described in paragraph 2, 3, 4 or 5 of Regulation 40 of Annex I to the Convention.

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