11ETransfer of oil cargo involving an Australian ship—making and retaining record of transfer

11E Transfer of oil cargo involving an Australian ship—making and retaining record of transfer

Offence—failure to make record (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 an Australian ship; and (d) 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 (e) the person does not cause a ship‑to‑ship record to be made of the transfer as soon as is practicable in the circumstances.

Penalty: 200 penalty units.

Offence—failure to retain record etc. (2) The master and the owner of an oil tanker (the subject oil tanker) each commit an offence if: (a) the subject oil tanker has a gross tonnage of 150 or more; and (b) the subject oil tanker is an Australian ship; 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) either: (i) a ship‑to‑ship record of the transfer is not retained in the subject oil tanker until the end of 3 years beginning on the day the record is made; or (ii) a ship‑to‑ship record of the transfer is not readily available for inspection by an inspector at all reasonable times during that period.

Penalty: 60 penalty units.

Ship‑to‑ship record (3) For the purposes of this section, a ship‑to‑ship record is a written record that contains the information prescribed by the regulations for the purposes of this subsection. Strict liability offence (4) An offence against subsection (2) is an offence of strict liability.

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

Exception (5) Subsection (1) or (2) 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 (5): see subsection 13.3(3) of the Criminal Code.