26FEHAustralian ship in emission control area—offences

26FEH Australian ship in emission control area—offences

Ordinary offence (1) A person commits an offence if: (a) the person: (i) takes an Australian ship into an emission control area; or (ii) permits an Australian ship to be taken into an emission control area; and (b) the person is the master or owner of the ship; and (c) the ship does not meet the requirements of subsections (4) and (5) while the ship is within that area.

Penalty: 2,000 penalty units.

Strict liability offence (2) A person commits an offence if: (a) the person: (i) takes an Australian ship into an emission control area; or (ii) permits an Australian ship to be taken into an emission control area; and (b) the person is the master or owner of the ship; and (c) the ship does not meet the requirements of subsections (4) and (5) while the ship is within that area.

Penalty: 500 penalty units.

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

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

SOx emission control conditions—using fuel oil (4) A ship meets the requirements of this subsection while the ship is in an emission control area if: (a) the sulphur content of the fuel oil used on board the ship as fuel does not exceed the limit prescribed by the regulations for the purposes of this paragraph; or (b) all of the following requirements are satisfied: (i) an Annex VI approved equivalent is operating on the ship; (ii) if the regulations prescribe, for the purposes of this subparagraph, requirements in relation to the operation of the Annex VI approved equivalent—the Annex VI approved equivalent is operating in accordance with those requirements; (iii) if the regulations prescribe, for the purposes of this subparagraph, requirements in relation to discharging waste streams arising from the operation of the Annex VI approved equivalent—the waste streams are discharged in accordance with those requirements.

Note: For Annex VI approved equivalent, see section 26FEKA.

SOx emission control conditions—carrying fuel oil for use (5) A ship meets the requirements of this subsection while the ship is in an emission control area if: (a) the sulphur content of the fuel oil carried on board the ship for use on board the ship as fuel does not exceed the limit prescribed for the purposes of paragraph 26FEG(1)(b); or (b) an Annex VI approved equivalent is installed on the ship. Presumption (6) For the purposes of this section and section 26FEHA, fuel oil carried on board a ship is presumed to be carried for use on board the ship as fuel unless the contrary is proved.

Note: A defendant bears a legal burden in relation to proving the contrary: see section 13.4 of the Criminal Code.