26FENUsing fuel oil that does not meet fuel oil quality requirements

26FEN Using fuel oil that does not meet fuel oil quality requirements

(1) The master and the owner of a ship each commit an offence if: (a) fuel oil is used on board the ship; and (b) the fuel oil does not meet the requirements set out in Annex VI; and (c) one of the following applies: (i) the fuel oil is used while the ship is in the sea near a State, the Jervis Bay Territory or an external Territory and no law of that State or Territory gives effect to paragraph 3 of Regulation 18 of Annex VI in relation to the area of the sea where the fuel oil is used; (ia) the fuel oil is used while the ship is in the outer territorial sea; (ii) the fuel oil is used while the ship is in the exclusive economic zone; (iii) the ship is an Australian ship and the fuel oil is used while the ship is beyond the exclusive economic zone.

Penalty: 500 penalty units.

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

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

Presumption (3) It is presumed, unless the contrary is proved, that fuel oil is used as mentioned in paragraph (1)(c).

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