CTHIn ForceAct
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
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Protection of the Sea (Prevention of Pollution from Ships) Act 1983
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Turn the raw legal text into a practical explanation grounded in Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
(1) A person commits an offence if: (a) the person supplies fuel oil (other than gas fuel) to a ship; and (b) the ship has a gross tonnage of 400 or more; and (c) the supply happens while the ship is: (i) 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 supply happens; or (ia) in the outer territorial sea; or (ii) in the exclusive economic zone; and (d) the person does not provide to the master of the ship a completed bunker delivery note for the fuel oil supplied that meets the requirements of subsection (1A).
Penalty: 200 penalty units.
(1A) For the purposes of paragraph (1)(d), the bunker delivery note must: (a) be provided in the approved form; and (b) contain a declaration that: (i) certifies that the fuel oil supplied meets the requirements set out in Annex VI; and (ii) is signed by the person responsible for the final blend of the components of the fuel oil supplied, or by that person’s representative; and (c) if the regulations prescribe, for the purposes of this paragraph, requirements in relation to providing the bunker delivery note—be provided in accordance with those requirements. (2) A person commits an offence if: (a) the person supplies fuel oil (other than gas fuel) to a ship; and (b) the ship has a gross tonnage of 400 or more; and (c) the supply happens while the ship is: (i) 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 supply happens; or (ia) in the outer territorial sea; or (ii) in the exclusive economic zone; and (d) the person does not provide to the master of the ship, in accordance with the regulations, a representative sample of the fuel oil that is sealed and signed in accordance with the regulations.
Penalty: 200 penalty units.
(3) An offence against subsection (1) or (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.