11GTransfer of oil cargo between oil tankers outside Australian waters—notification of transfer

11G Transfer of oil cargo between oil tankers outside Australian waters—notification of transfer

Main offence (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 transfer occurs while the subject oil tanker is in the territorial sea, or in the exclusive economic zone, of a foreign country that is a party to the Convention; and (f) if the ship‑to‑ship transfer information was available to the person at least 48 hours before the transfer began—either or both of the following subparagraphs apply: (i) the person did not notify the government of that foreign country, in the manner prescribed by the regulations, of the transfer at least 48 hours before the transfer began; (ii) the person did not notify the government of that foreign country, in the manner prescribed by the regulations, of that information at least 48 hours before the transfer began; and (g) if the ship‑to‑ship transfer information was not available to the person at least 48 hours before the transfer began—either or both of the following subparagraphs apply: (i) the person did not notify the government of that foreign country, in the manner prescribed by the regulations, of the transfer at least 48 hours before the transfer began; (ii) the person did not notify the government of that foreign country, in the manner prescribed by the regulations, of that information before the transfer began.

Penalty: 200 penalty units.

Offence—failure to notify change of arrival time (2) 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 transfer occurs while the subject oil tanker is in the territorial sea, or in the exclusive economic zone, of a foreign country that is a party to the Convention; and (f) the person notified the government of that foreign country, in the manner prescribed by the regulations, of the transfer, and of the ship‑to‑ship transfer information, at least 48 hours before the transfer began; and (g) after the notification referred to in paragraph (f), the estimated time of arrival of the subject oil tanker at the location for the transfer changed by more than 6 hours; and (h) the person did not notify the government of that foreign country, in the manner prescribed by the regulations, of the new estimated time of arrival within 2 hours of the person becoming aware of the new estimated time of arrival.