26BDuty to report certain incidents involving harmful substances

26B Duty to report certain incidents involving harmful substances

(3) Where a prescribed incident occurs in relation to a ship, the master of the ship shall, without delay, notify, in the prescribed manner: (a) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred—a prescribed officer; or (b) where a foreign country is the nearest coastal State to that place—the government of that foreign country; of the incident.

Penalty: 500 penalty units.

(4) Subsection (3) does not apply in relation to a prescribed incident in relation to a ship if the master of the ship was unable to comply with the subsection in relation to the incident.

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) Where a prescribed incident occurs in relation to a ship and: (a) the master of the ship fails to comply with subsection (3) (whether or not the master is able to comply with that subsection) in relation to the incident; or (b) the incident occurs in circumstances in which the ship is abandoned; the owner, charterer, manager or operator of the ship or an agent of the owner, charterer, manager or operator of the ship shall, without delay, notify, in the prescribed manner: (c) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred—a prescribed officer; or (d) where a foreign country is the nearest coastal State to that place—the government of that foreign country; of the incident, and, if a prescribed officer or a government, as the case may be, is not so notified, each of those persons commits an offence punishable, upon conviction, by a fine not exceeding 500 penalty units. (5A) An offence under subsection (5) is an offence of strict liability.

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

(6) Subsection (5) does not apply to a person in relation to a prescribed incident in relation to a ship if: (a) the person was not aware of the incident; or (b) in the case of a prescribed incident to which paragraph (5)(a) applies—the person neither knew nor suspected that the master of the ship had not complied with subsection (3) in relation to the incident.

Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.

(7) Subsection (6) shall not be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (5). (8) A master of a ship who, pursuant to subsection (3), has notified a prescribed officer or a government of the occurrence of a prescribed incident shall, if so requested by a prescribed officer or that government, as the case may be, give, within the prescribed time, a report to a prescribed officer or that government, as the case may be, in relation to the incident in accordance with the prescribed form.