11CTransfer of oil cargo between oil tankers in Australian waters—qualified person to be in control

11C Transfer of oil cargo between oil tankers in Australian waters—qualified person to be in control

(1) A person commits an offence if: (a) an oil tanker (the subject oil tanker) has a gross tonnage of 150 or more; and (b) 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 (c) 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; and (d) the person has overall advisory control of the transfer; and (e) the person is not the master of either oil tanker; and (f) the person does not satisfy the qualification requirements prescribed by the regulations.

Penalty: 60 penalty units.

Strict liability offence (2) An offence against subsection (1) is an offence of strict liability.

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

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.