QLDIn ForceAct
Transport Operations (Marine Pollution) Act 1995
sec.26Discharge of oil into coastal waters prohibited
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### sec.26 Discharge of oil into coastal waters prohibited
If oil is discharged from a ship into coastal waters, the following persons each commit an offence—
the ship’s owner;
the ship’s master;
another member of the ship’s crew whose act caused or contributed to the discharge, unless the member was complying with an instruction from the master or of someone authorised by the master to give the instruction.
Maximum penalty—
for an individual—5,000 penalty units; or
for a corporation—100,000 penalty units.
Subsection (1) applies despite the Criminal Code , sections 23 and 24 .
The Criminal Code , section 23 deals with a person’s criminal responsibility for an act or omission that happens independently of the person’s will or for an event which is accidental. The Criminal Code , section 24 deals with a person’s criminal responsibility for an act or omission done under an honest and reasonable, but mistaken, belief in the state of things.
s 26 amd 2001 No. 79 s 45 ; 2010 No. 13 s 88 sch ; 2010 No. 19 s 224
(sec.26-ssec.1) If oil is discharged from a ship into coastal waters, the following persons each commit an offence— the ship’s owner; the ship’s master; another member of the ship’s crew whose act caused or contributed to the discharge, unless the member was complying with an instruction from the master or of someone authorised by the master to give the instruction. Maximum penalty— for an individual—5,000 penalty units; or for a corporation—100,000 penalty units.
(sec.26-ssec.2) Subsection (1) applies despite the Criminal Code , sections 23 and 24 . The Criminal Code , section 23 deals with a person’s criminal responsibility for an act or omission that happens independently of the person’s will or for an event which is accidental. The Criminal Code , section 24 deals with a person’s criminal responsibility for an act or omission done under an honest and reasonable, but mistaken, belief in the state of things.
- (a) the ship’s owner;
- (b) the ship’s master;
- (c) another member of the ship’s crew whose act caused or contributed to the discharge, unless the member was complying with an instruction from the master or of someone authorised by the master to give the instruction.
- (a) for an individual—5,000 penalty units; or
- (b) for a corporation—100,000 penalty units.