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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
International
Maritime Conventions Legislation Amendment Bill
2001
No. ,
2001
(Transport and Regional
Services)
A Bill for an Act to amend
various Acts relating to international maritime conventions, and for related
purposes
ISBN: 0642 468958
Contents
Admiralty Act
1988 3
Limitation of Liability for Maritime Claims Act
1989 3
Navigation Act
1912 13
Protection of the Sea (Powers of Intervention) Act
1981 14
Protection of the Sea (Prevention of Pollution from Ships) Act
1983 30
Submarine Cables and Pipelines Protection Act
1963 59
A Bill for an Act to amend various Acts relating to
international maritime conventions, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the International Maritime Conventions
Legislation Amendment Act 2001.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Subject to subsection (3), Schedule 1 commences on a day to
be fixed by Proclamation.
(3) If Schedule 1 does not commence under subsection (2) within
the period of 6 months beginning on the day on which the 1996 Protocol to Amend
the Convention on Limitation of Liability for Maritime Claims, 1976 comes into
force for Australia, that Schedule commences on the first day after the end of
that period.
(4) If Division 2 of Part IIIB of the Protection of the Sea
(Prevention of Pollution from Ships) Act 1983 has not commenced before the
day on which this Act receives the Royal Assent, items 92 to 105 of
Schedule 3 commence on the day on which that Division commences,
immediately after the commencement of that Division.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
1 Subsection 3(1) (definition of Limitation
Convention)
Repeal the definition, substitute:
Limitation Convention has the meaning given to the expression
Convention by subsection 3(1) of the Limitation of Liability
for Maritime Claims Act 1989.
Limitation of Liability
for Maritime Claims Act 1989
2 Subsection 3(1) (definition of
Convention)
Repeal the definition, substitute:
Convention means the Convention on Limitation of Liability
for Maritime Claims, 1976 (being the Convention a copy of whose English text is
set out in Schedule 1), as affected by the 1996 Protocol to amend that
Convention (being the Protocol a copy of whose English text is set out in
Schedule 1A).
3 After Schedule 1
Insert:
Note: See subsection 3(1).
THE PARTIES TO THE PRESENT PROTOCOL,
CONSIDERING that it is
desirable to amend the Convention on Limitation of Liability for Maritime
Claims, done at London on 19 November 1976, to provide for enhanced
compensation and to establish a simplified procedure for updating the limitation
amounts,
HAVE AGREED as follows:
Article 1
For the purposes of this Protocol:
1. “Convention”
means the Convention on Limitation of Liability for Maritime Claims,
1976.
2. “Organization” means the International Maritime
Organization.
3. “Secretary-General” means the
Secretary-General of the Organization.
Article 2
Article 3, subparagraph (a) of the Convention is replaced by the
following text:
(a) claims for salvage, including, if applicable, any
claim for special compensation under Article 14 of the International Convention
on Salvage 1989, as amended, or contribution in general average;
Article 3
Article 6, paragraph 1 of the Convention is replaced by the following
text:
1. The limits of liability for claims other than those mentioned in
Article 7, arising on any distinct occasion, shall be calculated as
follows:
(a) in respect of claims for loss of life or personal
injury,
(i) 2 million Units of Account for a ship with a tonnage not
exceeding 2,000 tons,
(ii) for a ship with a tonnage in excess thereof,
the following amount in addition to that mentioned in (i):
for each ton
from 2,001 to 30,000 tons, 800 Units of Account;
for each ton from 30,001
to 70,000 tons, 600 Units of Account; and
for each ton in excess of
70,000 tons, 400 Units of Account,
(b) in respect of any other
claims,
(i) 1 million Units of Account for a ship with a tonnage not
exceeding 2,000 tons,
(ii) for a ship with a tonnage in excess thereof,
the following amount in addition to that mentioned in (i):
for each ton
from 2,001 to 30,000 tons, 400 Units of Account;
for each ton from 30,001
to 70,000 tons, 300 Units of Account; and
for each ton in excess of
70,000 tons, 200 Units of Account.
Article 4
Article 7, paragraph 1 of the Convention is replaced by the following
text:
1. In respect of claims arising on any distinct occasion for loss
of life or personal injury to passengers of a ship, the limit of liability of
the shipowner thereof shall be an amount of 175,000 Units of Account multiplied
by the number of passengers which the ship is authorized to carry according to
the ship’s certificate.
Article 5
Article 8, paragraph 2 of the Convention is replaced by the following
text:
2. Nevertheless, those States which are not members of the
International Monetary Fund and whose law does not permit the application of the
provisions of paragraph 1 may, at the time of signature without reservation
as to ratification, acceptance or approval or at the time of ratification,
acceptance, approval or accession or at any time thereafter, declare that the
limits of liability provided for in this Convention to be applied in their
territories shall be fixed as follows:
(a) in respect of Article 6,
paragraph 1(a), at an amount of
(i) 30 million monetary units for a ship
with a tonnage not exceeding 2,000 tons;
(ii) for a ship with a tonnage
in excess thereof, the following amount in addition to that mentioned in
(i):
for each ton from 2,001 to 30,000 tons, 12,000 monetary
units;
for each ton from 30,001 to 70,000 tons, 9,000 monetary units;
and
for each ton in excess of 70,000 tons, 6,000 monetary units;
and
(b) in respect of Article 6, paragraph 1(b), at an amount
of:
(i) 15 million monetary units for a ship with a tonnage not exceeding
2,000 tons;
(ii) for a ship with a tonnage in excess thereof, the
following amount in addition to that mentioned in (i):
for each ton from
2,001 to 30,000 tons, 6,000 monetary units;
for each ton from 30,001 to
70,000 tons, 4,500 monetary units; and
for each ton in excess of 70,000
tons, 3,000 monetary units; and
(c) in respect of Article 7, paragraph 1,
at an amount of 2,625,000 monetary units multiplied by the number of passengers
which the ship is authorized to carry according to its
certificate.
Paragraphs 2 and 3 of Article 6 apply correspondingly to
subparagraphs (a) and (b) of this paragraph.
Article 6
The following text is added as paragraph 3bis in Article 15 of the
Convention:
3bis Notwithstanding the limit of liability prescribed in
paragraph 1 of Article 7, a State Party may regulate by specific provisions of
national law the system of liability to be applied to claims for loss of life or
personal injury to passengers of a ship, provided that the limit of liability is
not lower than that prescribed in paragraph 1 of Article 7. A State Party which
makes use of the option provided for in this paragraph shall inform the
Secretary-General of the limits of liability adopted or of the fact that there
are none.
Article 7
Article 18, paragraph 1 of the Convention is replaced by the following
text:
1. Any State may, at the time of signature, ratification,
acceptance, approval or accession, or at any time thereafter, reserve the
right:
(a) to exclude the application of Article 2, paragraphs 1(d) and
(e);
(b) to exclude claims for damage within the meaning of the
International Convention on Liability and Compensation for Damage in Connection
with the Carriage of Hazardous and Noxious Substances by Sea, 1996 or of any
amendment or protocol thereto.
No other reservations shall be admissible
to the substantive provisions of this Convention.
Article 8
Amendment of limits
1. Upon the request of at least one half, but in no case less than six,
of the States Parties to this Protocol, any proposal to amend the limits
specified in Article 6, paragraph 1, Article 7, paragraph 1 and Article 8,
paragraph 2 of the Convention as amended by this Protocol shall be circulated by
the Secretary-General to all Members of the Organization and to all Contracting
States.
2. Any amendment proposed and circulated as above shall be
submitted to the Legal Committee of the Organization (the Legal Committee) for
consideration at a date at least six months after the date of its
circulation.
3. All Contracting States to the Convention as amended by
this Protocol, whether or not Members of the Organization, shall be entitled to
participate in the proceedings of the Legal Committee for the consideration and
adoption of amendments.
4. Amendments shall be adopted by a two-thirds
majority of the Contracting States to the Convention as amended by this Protocol
present and voting in the Legal Committee expanded as provided for in paragraph
3, on condition that at least one half of the Contracting States to the
Convention as amended by this Protocol shall be present at the time of
voting.
5. When acting on a proposal to amend the limits, the Legal
Committee shall take into account the experience of incidents and, in
particular, the amount of damage resulting therefrom, changes in the monetary
values and the effect of the proposed amendment on the cost of
insurance.
6. (a) No amendment of the limits under this Article may be
considered less than five years from the date on which this Protocol was opened
for signature nor less than five years from the date of entry into force of a
previous amendment under this Article.
(b) No limit may be increased so
as to exceed an amount which corresponds to the limit laid down in the
Convention as amended by this Protocol increased by six percent per year
calculated on a compound basis from the date on which this Protocol was opened
for signature.
(c) No limit may be increased so as to exceed an amount
which corresponds to the limit laid down in the Convention as amended by this
Protocol multiplied by three.
7. Any amendment adopted in accordance with
paragraph 4 shall be notified by the Organization to all Contracting States. The
amendment shall be deemed to have been accepted at the end of a period of
eighteen months after the date of notification, unless within that period not
less than one-fourth of the States that were Contracting States at the time of
the adoption of the amendment have communicated to the Secretary-General that
they do not accept the amendment, in which case the amendment is rejected and
shall have no effect.
8. An amendment deemed to have been accepted in
accordance with paragraph 7 shall enter into force eighteen months after its
acceptance.
9. All Contracting States shall be bound by the amendment,
unless they denounce this Protocol in accordance with paragraphs 1 and 2 of
Article 12 at least six months before the amendment enters into force. Such
denunciation shall take effect when the amendment enters into
force.
10. When an amendment has been adopted but the eighteen-month
period for its acceptance has not yet expired, a State which becomes a
Contracting State during that period shall be bound by the amendment if it
enters into force. A State which becomes a Contracting State after that period
shall be bound by an amendment which has been accepted in accordance with
paragraph 7. In the cases referred to in this paragraph, a State becomes bound
by an amendment when that amendment enters into force, or when this Protocol
enters into force for that State, if later.
Article 9
1. The Convention and this Protocol shall, as between the Parties to
this Protocol, be read and interpreted together as one single
instrument.
2. A State which is Party to this Protocol but not a Party to
the Convention shall be bound by the provisions of the Convention as amended by
this Protocol in relation to other States Parties hereto, but shall not be bound
by the provisions of the Convention in relation to States Parties only to the
Convention.
3. The Convention as amended by this Protocol shall apply
only to claims arising out of occurrences which take place after the entry into
force for each State of this Protocol.
4. Nothing in this Protocol shall
affect the obligations of a State which is a Party both to the Convention and to
this Protocol with respect to a State which is a Party to the Convention but not
a Party to this Protocol.
FINAL CLAUSES
Article 10
Signature, ratification, acceptance, approval
and accession
l. This Protocol shall be open for signature at the Headquarters of the
Organization from 1 October 1996 to 30 September 1997 by all
States.
2. Any State may express its consent to be bound by this Protocol
by:
(a) signature without reservation as to ratification, acceptance or
approval; or
(b) signature subject to ratification, acceptance or
approval followed by ratification, acceptance or approval;
or
(c) accession.
3. Ratification, acceptance, approval or
accession shall be effected by the deposit of an instrument to that effect with
the Secretary-General.
4. Any instrument of ratification, acceptance,
approval or accession deposited after the entry into force of an amendment to
the Convention as amended by this Protocol shall be deemed to apply to the
Convention so amended, as modified by such amendment.
Article 11
Entry into force
1. This Protocol shall enter into force ninety days following the date
on which ten States have expressed their consent to be bound by
it.
2. For any State which expresses its consent to be bound by this
Protocol after the conditions in paragraph 1 for entry into force have been met,
this Protocol shall enter into force ninety days following the date of
expression of such consent.
Article 12
Denunciation
1. This Protocol may be denounced by any State Party at any time after
the date on which it enters into force for that State
Party.
2. Denunciation shall be effected by the deposit of an instrument
of denunciation with the Secretary-General.
3. A denunciation shall take
effect twelve months, or such longer period as may be specified in the
instrument of denunciation, after its deposit with the
Secretary-General.
4. As between the States Parties to this Protocol,
denunciation by any of them of the Convention in accordance with Article 19
thereof shall not be construed in any way as a denunciation of the Convention as
amended by this Protocol.
Article 13
Revision and amendment
1. A conference for the purpose of revising or amending this Protocol
may be convened by the Organization.
2. The Organization shall convene a
conference of Contracting States to this Protocol for revising or amending it at
the request of not less than one-third of the Contracting States.
Article 14
Depositary
1. This Protocol and any amendments adopted under Article 8 shall be
deposited with the Secretary General.
2. The Secretary-General
shall:
(a) inform all States which have signed or acceded to this
Protocol of:
(i) each new signature or deposit of an instrument together
with the date thereof;
(ii) each declaration and communication under
Article 8, paragraph 2 of the Convention as amended by this Protocol, and
Article 8, paragraph 4 of the Convention;
(iii) the date of entry into
force of this Protocol;
(iv) any proposal to amend limits which has been
made in accordance with Article 8, paragraph 1;
(v) any amendment which
has been adopted in accordance with Article 8, paragraph 4;
(vi) any
amendment deemed to have been accepted under Article 8, paragraph 7, together
with the date on which that amendment shall enter into force in accordance with
paragraphs 8 and 9 of that Article;
(vii) the deposit of any instrument
of denunciation of this Protocol together with the date of the deposit and the
date on which it takes effect;
(b) transmit certified true copies of this
Protocol to all Signatory States and to all States which accede to this
Protocol.
3. As soon as this Protocol enters into force, the text shall
be transmitted by the Secretary-General to the Secretariat of the United Nations
for registration and publication in accordance with Article 102 of the Charter
of the United Nations.
Article 15
Languages
This Protocol is established in a single original in the Arabic,
Chinese, English, French, Russian and Spanish languages, each text being equally
authentic
DONE at London this second day of May one thousand nine hundred
and ninety-six.
IN WITNESS WHEREOF the undersigned, being duly authorized
by their respective Governments for that purpose, have signed this
Protocol.
[Signatures not reproduced here.]
4 Subsection 59B(1) (definition of
Convention)
Repeal the definition, substitute:
Convention has the same meaning as in the Limitation of
Liability for Maritime Claims Act 1989.
Protection of the Sea
(Powers of Intervention) Act 1981
1 Subsection 3(1) (definition of
Protocol)
Repeal the definition, substitute:
Protocol means the Protocol Relating to Intervention on the
High Seas in Cases of Pollution by Substances other than Oil, 1973 (being the
Protocol a copy of whose English text is set out in Schedule 2), as
affected by the following resolutions of the Marine Environment Protection
Committee of the International Maritime Organization revising the list of
substances to be annexed to the Protocol:
(a) the resolution adopted on 4 July 1991 (being the resolution a
copy of whose English text is set out in Schedule 3);
(b) the resolution adopted on 10 July 1996 (being the resolution a
copy of whose English text is set out in Schedule 4).
2 At the end of the Act
Add:
Note: See subsection 3(1).
REVISION OF THE ANNEX (LIST OF SUBSTANCES) TO THE PROTOCOL
RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF POLLUTION BY SUBSTANCES
OTHER THAN OIL OF 2 NOVEMBER 1973
THE MARINE ENVIRONMENT PROTECTION COMMITTEE,
NOTING Resolution 26 of the International Conference on Marine
Pollution, 1973 which requested the appropriate body designated by the
Organization to establish, not later than 30 November 1974, the list of
substances to be annexed to the Protocol relating to Intervention on the High
Seas in Cases of Pollution by Substances Other than Oil, 1973 (the 1973
Intervention Protocol),
NOTING FURTHER Resolution A.296(VIII) by which
the Assembly designated the Committee as the appropriate body referred to in
Articles I and III of the above-mentioned Protocol,
RECALLING Resolution
MEPC.49(31) by which the Committee adopted on 4 July 1991 an amended list
to replace the original list annexed to the Protocol,
RECALLING FURTHER
that it had approved, at its thirty-fifth session, the Criteria for the
Selection of Substances for Inclusion in the Annex to the 1973 Intervention
Protocol,
NOTING ALSO that the 1992 amendments to the IBC Code and
Amendment 27 of the IMDG Code had entered into force,
HAVING CONSIDERED
the proposed amendments to Appendix 2, noxious liquid substances carried in
bulk, and Appendix 3, harmful substances carried in packaged form, prepared by
the Secretariat in accordance with the above-mentioned criteria and taking into
account the recent amendments to the IBC and IMDG Codes,
1. ADOPTS, by
the required two-thirds majority of the Parties to the 1973 Intervention
Protocol present and voting in the Committee, the amended list which appears in
the Annex to this Resolution;
2. REQUESTS the Secretary-General to
communicate the amended list to all Parties to the 1973 Intervention Protocol in
accordance with Article III, paragraph 5, for acceptance, and to inform them
that the amended list shall be deemed to have been accepted at the end of the
period of six months after it has been communicated, unless within that period
an objection to these amendments has been communicated to the Organization by
not less than one third of the Parties, and that the amended list shall enter
into force three months after it has been deemed to have been accepted;
and
3. REQUESTS
FURTHER the Secretary-General to annex copies thereof to the authentic text of
the Protocol in accordance with Article I, paragraph 2(a), once the amended list
has been accepted in accordance with Article III, paragraph 6, to replace the
existing list.
ANNEX
LIST OF SUBSTANCES
APPENDIX 1
OIL CARRIED IN BULK AS LISTED IN APPENDIX I TO ANNEX I OF
MARPOL 73/78 OTHER THAN THOSE COVERED BY THE 1969 INTERVENTION
CONVENTION
Asphalt solutions
Blending stocks
Roofers
flux
Straight run residue
Oils
Clarified
Road
oil
Transformer oil
Aromatic oil (excluding vegetable oil)
Mineral
oil
Motor oil
Penetrating oil
Spindle oil
Turbine
oil
Distillates
Straight run
Flashed feed
stocks
Gas
oil
Cracked
Naphtha
Solvent
Petroleum
Heartcut
distillate oil
Gasoline blending stocks
Alkylates -
fuel
Reformates
Polymer - fuel
Gasolines
Casinghead
(natural)
Automotive
Aviation
Straight run
Fuel oil No. 1
(Kerosene)
Fuel oil No. 1-D
Fuel oil No. 2
Fuel oil
No. 2-D
Jet fuels
JP-1 (Kerosene)
JP-3
JP-5
(Kerosene, heavy)
Turbo fuel
Kerosene
Mineral spirit
APPENDIX 2
NOXIOUS LIQUID SUBSTANCES CARRIED IN BULK
Acetone cyanohydrin
Acylonitrile
Alachlor technical (90% or
more)
Alcohol (C6-C17) (secondary) poly(3-6) ethoxylates
Alcohol (C12-C15)
poly(1-6) ethoxylates
Alcohol (C6-C17) (secondary) poly(7-12)
ethoxylates
Alcohol (C12-C15) poly(7-19) ethoxylates
Alkaryl polyethers
(C9-C20)
Alkyl (C3-C4) benzenes
Alkyl (C5-C8) benzenes
Alkyl (C7-C9)
nitrates
Alkyl acrylate-vinyl pyridine copolymer in toluene
Alkylbenzene,
alkylindane, alkylindene mixture (each C12-C17)
Allyl alcohol
Allyl
chloride
Ammonium sulphide solution (45% or less)
Aniline
Benzene and
mixtures having 10% benzene or more*
Benzyl
chloride
Benzyl alcohol
Butene oligomer
Butyl butyrate (all
isomers)
Butyl benzyl phthalate
Butyl acrylate (all isomers)
Butylamine
(all isomers)
Butyraldehyde (all isomers)
Calcium alkyl (C9) phenol
sulphide/Polyolefin phosphorosulphide mixture
Calcium hypochlorite solution
(more than 15%)
Calcium long-chain alkyl phenate sulphide (C8-C40)
Camphor
oil
Carbolic oil
Carbon disulphide
Carbon tetrachloride
Chlorinated
paraffins (C10-C13)
Chloroacetic acid (80% or
less)
Chlorobenzene
o-Chloronitrobenzene
Chloroform
Chlorohydrins
(crude)
2- or 3-Chloropropionic
acid
m-Chlorotoluene
o-Chlorotoluene
p-Chlorotoluene
Chlorotoluenes
(mixed isomers)
Coal tar
Coal tar naphtha solvent
Coal tar pitch
(molten)
Cobalt naphthenate in solvent naphtha
Creosote (coal
tar)
Creosote (wood)
Cresols (all isomers)
Cresylic acid,
dephenolized
Cresylic acid, sodium salt
solution
Crotonaldehyde
1,5,9-Cyclododecatriene
Cyclohexyl
acetate
Cyclohexylamine
1,3-Cyclopentadiene dimer
(molten)
Cyclopentene
Decanoic acid
Decene
Decyl acetate
Decyl
alcohol (all isomers)
Decyl acrylate
Decyloxytetrahydro-thiophene
dioxide
Di-n-hexyl adipate
Di-n-propylamine
Dibutyl
phthalate
Dibutyl hydrogen phosphonate
Dibutylamine
Dichlorobenzene
(all isomers)
Dichloroethyl
ether
1,6-Dichlorohexane
2,4-Dichlorophenol
2,4-Dichlorophenoxyacetic
acid, diethanolamine salt solution
2,4-Dichlorophenoxyacetic acid,
dimethylamine salt solution (70% or less)
2,4-Dichlorophenoxyacetic acid,
triisopropanolamine salt
solution
1,2-Dichloropropane
1,3-Dichloropropene
Dichloropropene/Dichloro-
propane mixtures
Diethyl
sulphate
Diethylamine
Diethylaminoethanol
Diethylbenzene
Diglycidyl
ether of bisphenol F
Diglycidyl ether of bisphenol A
Diisobutyl
phthalate
Diisobutylamine
Diisobutylene
Diisopropylamine
Diisopropylbenzene
(all isomers)
Dimethyl octanoic acid
Dimethyl adipate
Dimethyl hydrogen
phosphite
Dimethylamine solution (greater than 55% but not greater than
65%)
Dimethylamine solution (greater than 45% but not greater than
55%)
Dimethylamine solution (45% or
less)
N,N-Dimethylcyclohexylamine
Dinitrotoluene
(molten)
1,4-Dioxane
Diphenyl
Diphenyl ether
Diphenyl ether/Diphenyl
phenyl ether mixture
Diphenyl/Diphenyl ether mixtures
Diphenylamine,
reaction product with 2,2,4-Trimethylpentene
Diphenylamines,
alkylated
Diphenylmethane diisocyanate
Diphenylol propane
Diphenylol
propane- epichlorohydrin resins
Dodocene (all isomers)
Dodecyl
alcohol
Dodecyl diphenyl ether disulphonate solution
Dodecyl
phenol
Dodecylamine/Tetradecylamine
mixture
Dodecyldimethylamine/Tetradecyldimethylamine mixture
Drilling
brines (containing Zinc salts)
Epichlorohydrin
Ethyl
acrylate
Ethylamine solutions (72% or
less)
Ethylamine
Ethylbenzene
N-Ethylbutylamine
Ethylene
dichloride
Ethylene dibromide
Ethylene chlorohydrin
Ethylene
oxide/Propylene oxide mixture with an Ethylene oxide content of not more than
30% in weight
Ethylene glycol methyl ether
acetate
Ethylenediamine
2-Ethylhexyl
acrylate
2-Ethylhexylamine
Ethylidene
norbornene
o-Ethylphenol
2-Ethyl-3-propylacrolein
Ethyltoluene
Fluorosilicic
acid (20-30%) in water solution
Formaldehyde solutions (45% or
less)
Fumaric adduct of rosin, water dispersion
Furfural
Glycidyl ester
of C10 trialkylacetic acid
Heptyl acetate
Hexamethylenediamine
solution
Hexyl acetate
2-Hydroxyethyl acrylate
2-Hydroxy-4-(methylthio)
butanoic acid
Isophorone diisocyanate
Isophoronediamine
Lactonitrile
solution (80% or less)
Lauric acid
Liquid chemical wastes
Long chain
polyetheramine in alkyl (C2-C4) benzenes
Long chain polyetheramine in
aromatic solvent
Long chain alkaryl polyether (C11-C20)
Magnesium long
chain alkyl salicylate (C11+)
Mercaptobenzothiazol, sodium salt
solution
Metam sodium solution
Methacrylic resin in Ethylene
dichloride
Methyl acrylate
Methyl butyl ketone
2-Methyl-6-ethyl
aniline
Methyl heptyl ketone
Methyl methacrylate
Methylcyclopentadiene
dimer
Methyl naphthalene (molten)
3-Methylpyridine
Methyl
salicylate
alpha-Methylstyrene
Motor fuel anti-knock compounds (containing
lead alkyls)
Naphthalene (molten)
Naphthenic acids
Neodecanoic
acid
Nitrating acid (mixture of sulphuric and nitric
acids)
Nitrobenzene
o-Nitrophenol (molten)
o- or
p-Nitrotoluenes
Nonene (all isomers)
Nonyl phenol
Nonyl phenol
poly(4-12) ethoxylates
Noxious liquid, N.F, (1) n.o.s. (trade name ...,
contains ... ) S.T.1, Cat.A*
Noxious liquid,
F, (2) n.o.s. (trade name ..., contains ... ) S.T.1,
Cat.A*
Noxious liquid, N.F, (3) n.o.s.
(trade name ..., contains ... ) S.T.2,
Cat.A*
Noxious liquid, F, (4) n.o.s. (trade
name ..., contains ... ) S.T.2,
Cat.A*
Noxious liquid, N.F, (5) n.o.s.
(trade name ..., contains ... ) S.T.2,
Cat.B*
Noxious liquid, N.F, (6) n.o.s.
(trade name ..., contains ... ) S.T.2, Cat.B*,
mp
Noxious liquid, F, (7) n.o.s. (trade name ..., contains ... ) S.T.2,
Cat.B*
Noxious liquid, F, (8) n.o.s. (trade
name ..., contains ... ) S.T.2, Cat.B*,
mp
Noxious liquid, N.F, (9) n.o.s. (trade name ..., contains ... ) S.T.3,
Cat.A*
Noxious liquid, F, (10) n.o.s. (trade
name ..., contains ... ) S.T.3,
Cat.A*
Noxious liquid, N.F, (11) n.o.s.
(trade name ..., contains ... ) S.T.3,
Cat.B*
Noxious liquid, N.F, (12) n.o.s.
(trade name ..., contains ... ) S.T.3, Cat.B*,
mp
Noxious liquid, F, (13) n.o.s. (trade name ..., contains ... ) S.T.3,
Cat.B*
Noxious liquid, F, (14) n.o.s. (trade
name ..., contains ... ) S.T.3, Cat.B*,
mp
Octene (all isomers)
Octyl aldehydes
Olefin mixtures
(C5-C15)
alpha-Olefins (C6-C18) mixtures
Oleum
Oleylamine
Palm
kernel acid oil
Pentachloroethane
Perchloroethylene
Phosphorus, yellow
or white
Phthalic anhydride
(molten)
alpha-Pinene
beta-Pinene
Poly(2+)cyclic
aromatics
Polyethylene polyamines
Polyolefin amide alkeneamine
(C28+)
Polyolefin amide alkeneamine borate (C28-C250)
Polyolefin amide
alkeneamine polyol
Polyolefinamine in aromatic solvent
Polyolefinamine in
alkyl (C2-C4) benzenes
Polyolefin ester
(C28-C250)
beta-Propiolactone
Propionitrile
n-Propylamine
Propylbenzene
(all isomers)
Propylene trimer
Propylene oxide
Propylene
tetramer
Rosin soap (disproportionated) solution
Rosin
Sodium sulphide
solution (15% or less)
Sodium dichromate solution (70% or less)
Sodium
hydrogen sulphide (6% or less)/Sodium carbonate (3% or less) solution
Sodium
hydrosulphide solution (45% or less)
Sodium hydrosulphide/Ammonium sulphide
solution
Sodium petroleum sulfonate
Sodium nitrite solution
Sodium
thiocyanate solution (56% or less)
Styrene monomer
Sulpho hydrocarbon long
chain (C18+) alkylamine mixture
Sulphuric acid
Sulphuric acid,
spent
Tall oil (crude and distilled)
Tall oil fatty acid (resin acids less
than 20%)
Tall oil soap (disproportionated) solution
Tall oil fatty acid,
barium salt
Tetrachloroethane
Tetramethylbenzene (all
isomers)
Toluene
Toluene
diisocyanate
Toluenediamine
o-Toluidine
Tributyl
phosphate
1,2,4-Trichlorobenzene
Trichloroethylene
Tricresyl phosphate
(containing 1% or more ortho-isomer)
Tricresyl phosphate (containing less
than 1%
ortho-isomer)
Triethylamine
Triethylbenzene
Triethylenetetramine
Triethylphosphite
Triisopropylated
phenyl phosphates
Trimethylamine solution (30% or less)
Trimethylbenzene
(all isomers)
Trimethylhexamethylene diisocyanate (2,2,4- and
2,4,4-isomers)
Trixylyl phosphate
Turpentine
Undecanoic
acid
1-Undecene
Undecyl alcohol
Vinyl neodecanoate
Vinylidene
chloride
Vinyltoluene
White spirit, low (15-20%)
aromatic
Xylenes
Xylenol
Zinc alkaryl dithiophosphate (C7-C16)
Zinc
alkyl dithiophosphate (C3-C14)
APPENDIX 3
HARMFUL SUBSTANCES IN PACKAGED FORM
Aldrin
Azinphos-ethyl
Azinphos-methyl
gamma-BHC
Binapacryl
Brodifacoum
Bromophos-ethyl
Cadmium
compound
Camphechlor
Carbophenothion
Chlordane
Chlorinated paraffin
(C10-C13)
Chlorophenolates, liquid
Chlorophenolates,
solid
Chlorpyriphos
Chlorthiophos
Copper cyanide
Copper metal
powder
Coumaphos
Cresyl diphenylphosphate
Cupric cyanide
Cupric
sulphate
1,5,9-Cyclododecatriene
Cyhexatin
Cymenes (ortho-; meta-;
para-)
Cymol
Cypermethrin
DDT
Dialifos
Diazinon
Dichlofenthion
Dichlorvos
Dieldrin
Dimethoate
Diphenylaminechloroarsine
Diphenylchloroarsine,
liquid
Diphenylchloroarsine,
solid
Dodecylphenol
Endosulfan
Endrin
EPN
Esfenvalerate
Ethion
Fenbutatin
oxide
Fenitrothion
Fenpropathrin
Fenthion
Fentin acetate
Fentin
hydroxide
Fonofos
Heptachlor
Hexachlorobutadiene
Hexachloro-1,3-butadiene
1,3-Hexachlorobutadiene
Isopropyltoluene
Isopropyltoluol
Isoxathion
Lindane
Mercuric
acetate
Mercuric ammonium chloride
Mercuric arsenate
Mercuric
benzoate
Mercuric bisulphate
Mercuric bromide
Mercuric
chloride
Mercuric cyanide
Mercuric gluconate
Mercuric
nitrate
Mercuric oleate
Mercuric oxide
Mercuric oxycyanide,
desensitized
Mercuric potassium cyanide
Mercuric sulphate
Mercuric
thiocyanate
Mercurol
Mercurous acetate
Mercurous
bisulphate
Mercurous bromide
Mercurous chloride
Mercurous
nitrate
Mercurous salicylate
Mercurous sulphate
Mercury
acetate
Mercury ammonium chloride
Mercury-based pesticide, liquid,
flammable, toxic, flashpoint less than 23deg.C c.c.
Mercury-based pesticide,
liquid, toxic
Mercury-based pesticide, liquid, toxic, flammable, flashpoint
between 23deg.C and 61deg.C c.c.
Mercury-based pesticide, solid,
toxic
Mercury benzoate
Mercury bichloride
Mercury bisulphate
Mercury
bromides
Mercury compound, liquid, n.o.s.
Mercury compound, solid,
n.o.s.
Mercury(ii) (mercuric) compounds or Mercury(i)(mercurous)
compounds
Mercury cyanide
Mercury gluconate
Mercury nucleate
Mercury
oleate
Mercury oxide
Mercury oxycyanide, desensitized
Mercury potassium
cyanide
Mercury potassium iodide
Mercury salicylate
Mercury
sulphate
Mercury thiocyanate
Methylpropylbenzenes
Mevinphos
Nickel
carbonyl
Nickel cyanide
Nickel tetracarbonyl
Organotin compound,
liquid, n.o.s.
Organotin compound, solid, n.o.s.
Organotin
compounds
(pesticides)
Organotin pesticide, liquid, flammable, toxic,
flashpoint less than 23deg.C c.c.
Organotin pesticide, liquid,
toxic
Organotin pesticide, liquid, toxic, flammable, flashpoint between
23deg.C and 61deg.C c.c.
Organotin pesticide, solid, toxic
Osmium
tetroxide
Parathion
Parathion-methyl
PCB’s
Pentachlorophenol
Phenarsazine
chloride
Phenthoate
Phenylmercuric acetate
Phenylmercuric compound,
n.o.s.
Phenylmercuric hydroxide
Phenylmercuric
nitrate
Phorate
Phosalone
Phosphamidon
Phosphorus, white,
dry
Phosphorus, white, molten
Phosphorus, white, under
water
Phosphorus, yellow, dry
Phosphorus, yellow, molten
Phosphorus,
yellow, under water
Polychlorinated biphenyls
Polyhalogenated biphenyls,
liquid
Polyhalogenated biphenyls, solid
Polyhalogenated ter-phenyls,
liquid
Polyhalogenated ter-phenyls, solid
Potassium
cuprocyanide
Potassium cyanocuprate
Potassium cyanomercurate
Potassium
mercuric iodide
Pyrazophos
Quizalofop
Quizalofop-p-ethyl
Sodium
copper cyanide, solid
Sodium copper cyanide, solution
Sodium cuprocyanide,
solid
Sodium cuprocyanide, solution
Sodium
pentachlorophenate
Sulprophos
White phosphorus, dry
White phosphorus,
wet
Yellow phosphorus, dry
Yellow phosphorus,
wet
Terbufos
Tetrachlorvinphos
APPENDIX 4
RADIOACTIVE MATERIALS
Radioactive materials which are transported in type B package, or as
fissile materials, or under special arrangements, as covered by the provisions
of schedule 10 to 13 of class 7 of the International Maritime Dangerous
Goods Code.
APPENDIX 5
LIQUEFIED GASES CARRIED IN BULK
Acetaldehyde
Anhydrous ammonia
Chlorine
Dimethylamine
Ethyl
chloride
Ethylene oxide
Hydrogen chloride, anhydrous
Hydrogen fluoride,
anhydrous
Methyl bromide
Methyl chloride
Sulphur dioxide
Vinyl
chloride monomer
Protection of the Sea
(Prevention of Pollution from Ships) Act 1983
1 Subsection 3(1) (definition of Antarctic
Protocol and note)
Repeal the definition and note, substitute:
Antarctic Protocol means the Protocol on Environmental
Protection to the Antarctic Treaty.
2 Subsection 3(1) (after paragraph (a) of
the definition of inspector)
Insert:
(aa) is a member or a special member of the Australian Federal Police;
or
3 Subsection 3(1) (definition of the 1973
Convention)
Repeal the definition, substitute:
the 1973 Convention means the International Convention for
the Prevention of Pollution from Ships, 1973, as corrected by the Proces-Verbal
of Rectification dated 13 June 1978, and as affected by any amendments
(other than an amendment not accepted by Australia) made under Article 16 of the
Convention.
4 Subsection 3(1) (definition of the 1978
Protocol)
Repeal the definition, substitute:
the 1978 Protocol means the Protocol of 1978 relating to the
International Convention for the Prevention of Pollution from Ships, 1973, being
the Protocol as affected by any amendments (other than an amendment not accepted
by Australia) made under Article VI of the Protocol.
5 Subsections 9(1), (1A) and
(1B)
Repeal the subsections, substitute:
(1) If:
(a) a person engages in conduct that causes a discharge of oil or of an
oily mixture from a ship into the sea; and
(b) the person is reckless or negligent as to causing the discharge by
that conduct; and
(c) either of the following applies:
(i) where the discharge occurs into the sea near a State, the Jervis Bay
Territory or an external Territory—there is no law of that State or
Territory that makes provision giving effect to Regulations 9 and 11 of Annex I
to the Convention in relation to that sea;
(ii) where the discharge does not occur into the sea near a State, the
Jervis Bay Territory or an external Territory or in the exclusive economic
zone—the ship is an Australian ship;
the person commits an offence punishable, on conviction, by a fine not
exceeding 2,000 penalty units.
(1A) In subsection (1):
engage in conduct has the same meaning as in the Criminal
Code.
(1B) Subject to subsections (2) and (4), if:
(a) oil or an oily mixture is discharged from a ship into the sea;
and
(b) either of the following applies:
(i) where the discharge occurs into the sea near a State, the Jervis Bay
Territory or an external Territory—there is no law of that State or
Territory that makes provision giving effect to Regulations 9 and 11 of Annex I
to the Convention in relation to that sea;
(ii) where the discharge does not occur into the sea near a State, the
Jervis Bay Territory or an external Territory or in the exclusive economic
zone—the ship is an Australian ship;
the master and the owner of the ship each commit an offence punishable, on
conviction, by a fine not exceeding 500 penalty units.
(1C) An offence against subsection (1B) is an offence of strict
liability.
6 Subsection 9(2)
Omit “Subsection (1)”, substitute
“Subsection (1B)”.
7 At the end of paragraph
9(2)(c)
Add “or”.
8 Paragraph 9(2)(d)
Omit “damage, other than intentional damage,”, substitute
“non-intentional damage”.
9 At the end of subsection
9(2)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
10 Subsection 9(3)
Repeal the subsection, substitute:
(3) For the purposes of paragraph (2)(d), damage to a ship or to its
equipment is not non-intentional damage if the damage:
(a) arose in circumstances where the master or owner of the
ship:
(i) acted with intent to cause the damage; or
(ii) acted recklessly and with knowledge that the damage would probably
result; or
(b) arose as a result of the negligence of the master or owner of the
ship.
11 Subsection 9(4)
Omit “subsection (1)”, substitute
“subsection (1B)”.
12 At the end of subsection
9(4)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
13 Paragraph 9(4A)(b)
Omit “and set out in Schedule 13 to this Act”.
14 Subsection 9(6)
Repeal the subsection.
15 Section 10
Repeal the section, substitute:
(1) If:
(a) a person engages in conduct that causes a discharge from an Australian
ship of an oil residue into the sea; and
(b) the person is reckless or negligent as to causing the discharge by
that conduct; and
(c) either of the following applies:
(i) such a discharge cannot occur without the commission of an offence
against subsection 9(1) or (1B) or of an offence against a law of a State or
Territory;
(ii) the discharge is not made to a reception facility provided in
accordance with Regulation 12 of Annex I to the Convention;
the person commits an offence punishable, on conviction, by a fine not
exceeding 2,000 penalty units.
(2) In subsection (1):
engage in conduct has the same meaning as in the Criminal
Code.
(3) If:
(a) an oil residue is discharged from an Australian ship into the sea;
and
(b) either of the following applies:
(i) such a discharge cannot occur without the commission of an offence
against subsection 9(1) or (1B) or of an offence against a law of a State or
Territory;
(ii) the discharge is not made to a reception facility provided in
accordance with Regulation 12 of Annex I to the Convention;
the master and the owner of the ship each commit an offence punishable, on
conviction, by a fine not exceeding 500 penalty units.
(4) An offence against subsection (3) is an offence of strict
liability.
16 At the end of subsections 11(1A) and
(1B)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
17 Subsection 11(2)
Repeal the subsection, substitute:
(2) Subsection (1) 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: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
18 Paragraph 11(3)(a)
Repeal the paragraph, substitute:
(a) the master of the ship fails to comply with subsection (1)
(whether or not the master is able to comply with that subsection) in relation
to the incident; or
19 Subsection 11(4)
Repeal the subsection, substitute:
(4) Subsection (3) 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 (3)(a)
applies—the person neither knew nor suspected that the master of the ship
had not complied with subsection (1) in relation to the incident.
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
20 Subsection 11(10)
Repeal the subsection, substitute:
(10) In this section:
prescribed incident, in relation to a ship, means:
(a) an incident involving a discharge from the ship of oil or an oily
mixture, not being a discharge to which subsection 9(4) applies; or
(b) an incident involving the probability of a discharge from the ship of
oil or an oily mixture, not being a discharge to which subsection 9(4) would
apply; or
(c) if the ship is 15 metres or more in length—an incident
(including, but not limited to, collision, grounding, fire, explosion,
structural failure, flooding and cargo shifting) involving damage, failure or
breakdown that affects the safety of the ship; or
(d) if the ship is 15 metres or more in length—an incident
(including, but not limited to, failure or breakdown of steering gear,
propulsion plant, electrical generating system and essential shipborne
navigational aids) involving damage, failure or breakdown that impairs the
safety of navigation of the ship.
21 Subsection 12(7)
(penalty)
Repeal the penalty, substitute:
Penalty for a contravention of this subsection: 200 penalty
units.
22 At the end of subsection
14(3)
Add:
Penalty: 200 penalty units.
23 Subsection 14(4)
Repeal the subsection.
24 At the end of
Part II
Add:
(1) A prescribed officer may, if he or she is of the opinion that it is
reasonable to do so, require the owner or master of a ship, by written notice
given to the owner or master, as the case may be, to cause a specified quantity
of oil or of an oily mixture to be discharged within a specified period from the
ship to a specified facility that is suitable to receive that quantity of the
oil or oily mixture.
(2) The owner or master of a ship to whom a notice is given under
subsection (1) must comply with the notice.
Penalty: 500 penalty units.
25 Subsections 17(1) and
(2)
Omit “designated”, substitute “referred
to”.
26 Paragraph 17(2)(a)
Omit “column III of that Appendix”, substitute
“Regulation 5(1) of Annex II”.
27 Paragraph 17(2)(b)
Omit “column IV of that Appendix”, substitute “Regulation
5(7) of Annex II”.
28 Subsections 17(3) and
(4)
Omit “designated” (wherever occurring), substitute
“referred to”.
29 Section 18
Omit “listed” (wherever occurring), substitute “referred
to”.
30 Paragraph 19(a)
Omit “designated”, substitute “referred
to”.
31 Paragraph 19(a)
Omit “listed”, substitute “referred to”.
32 Section 19
Omit “3(4) to Annex II”, substitute “3(4) of Annex
II”.
33 Subsections 21(1), (1A) and
(1B)
Repeal the subsections, substitute:
(1) If:
(a) a person engages in conduct that causes a discharge of a liquid
substance, or of a mixture containing a liquid substance, being a substance or
mixture carried as cargo or part cargo in bulk, from a ship into the sea;
and
(b) the person is reckless or negligent as to causing the discharge by
that conduct; and
(c) either of the following applies:
(i) where the discharge occurs into the sea near a State, the Jervis Bay
Territory or an external Territory—there is no law of that State or
Territory that makes provision giving effect to Regulations 3, 4, 5 and 6 of
Annex II in relation to that sea;
(ii) where the discharge does not occur into the sea near a State, the
Jervis Bay Territory or an external Territory or in the exclusive economic
zone—the ship is an Australian ship;
the person commits an offence punishable, on conviction, by a fine not
exceeding 2,000 penalty units.
(1A) In subsection (1):
engage in conduct has the same meaning as in the Criminal
Code.
(1B) Subject to subsections (2) and (4) to (12), if:
(a) a liquid substance, or a mixture containing a liquid substance, being
a substance or mixture carried as cargo or part cargo in bulk is discharged from
a ship into the sea; and
(b) either of the following applies:
(i) where the discharge occurs into the sea near a State, the Jervis Bay
Territory or an external Territory—there is no law of that State or
Territory that makes provision giving effect to Regulations 3, 4, 5 and 6 of
Annex II in relation to that sea;
(ii) where the discharge does not occur into the sea near a State, the
Jervis Bay Territory or an external Territory or in the exclusive economic
zone—the ship is an Australian ship;
the master and the owner of the ship each commit an offence punishable, on
conviction, by a fine not exceeding 500 penalty units.
(1C) An offence against subsection (1B) is an offence of strict
liability.
34 Subsection 21(2)
Omit “Subsection (1)”, substitute
“Subsection (1B)”.
35 Paragraph 21(2)(d)
Omit “damage, other than intentional damage,”, substitute
“non-intentional damage”.
36 At the end of subsection
21(2)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
37 Subsection 21(3)
Repeal the subsection, substitute:
(3) For the purposes of subsection (2), damage to a ship or to its
equipment is not non-intentional damage if the damage:
(a) arose in circumstances where the master or owner of the
ship:
(i) acted with intent to cause the damage; or
(ii) acted recklessly and with knowledge that the damage would probably
result; or
(b) arose as a result of the negligence of the master or owner of the
ship.
38 Paragraph 21(4)(b)
Omit “column III of Appendix II to”, substitute
“Regulation 5(1) of”.
39 Subsection 21(4)
Omit “subsection (1)”, substitute “subsection
“(1B)”.
40 At the end of subsection
21(4)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
41 Paragraph 21(5)(b)
Omit “column IV of Appendix II to”, substitute
“Regulation 5(7) of”.
42 Subsection 21(5)
Omit “subsection (1)”, substitute “subsection
“(1B)”.
43 At the end of subsection
21(5)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
44 Subsection 21(6)
Omit “subsection (1)”, substitute “subsection
“(1B)”.
45 At the end of subsection
21(6)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
46 Subsection 21(7)
Omit “subsection (1)”, substitute “subsection
“(1B)”.
47 At the end of subsection
21(7)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
48 Subsection 21(8)
Omit “subsection (1)”, substitute “subsection
“(1B)”.
49 At the end of subsection
21(8)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
50 Subsection 21(9)
Omit “subsection (1)”, substitute “subsection
“(1B)”.
51 At the end of subsection
21(9)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
52 Subsection 21(10)
Omit “subsection (1)”, substitute “subsection
“(1B)”.
53 At the end of subsection
21(10)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
54 Subsection 21(11)
Omit “subsection (1)”, substitute “subsection
“(1B)”.
55 Subsection 21(11)
Omit “listed”, substitute “referred to”.
56 At the end of subsection
21(11)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
57 Subsection 21(12)
Omit “subsection (1)”, substitute “subsection
“(1B)”.
58 At the end of subsection
21(12)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
59 Subsection 21(13)
Omit “listed”, substitute “referred to”.
60 At the end of subsection
21(13)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
61 Subsection 21(14)
Repeal the subsection, substitute:
(14) Subsections (4) to (10) do not apply to the discharge from a
ship of noxious liquid substances, or mixtures containing noxious liquid
substances, in the Antarctic Area.
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
62 At the end of subsections 22(1A) and
(1B)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
63 Subsection 22(2)
Repeal the subsection, substitute:
(2) Subsection (1) 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: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
64 Paragraph 22(3)(a)
Repeal the paragraph, substitute:
(a) the master of the ship fails to comply with subsection (1)
(whether or not the master is able to comply with that subsection) in relation
to the incident; or
65 Subsection 22(4)
Repeal the subsection, substitute:
(4) Subsection (3) 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 (3)(a)
applies—the person neither knew nor suspected that the master of the ship
had not complied with subsection (1) in relation to the incident.
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
66 Subsection 22(10) (definition of liquid
substance)
Omit “listed”, substitute “referred to”.
67 Subsection 22(10) (definition of
prescribed incident)
Repeal the definition, substitute:
prescribed incident, in relation to a ship, means:
(a) an incident involving a discharge from the ship of a liquid substance,
or a mixture containing a liquid substance, carried as cargo or as part cargo in
bulk, not being a discharge to which subsection 21(4), (5), (6), (7), (8), (9),
(10), (11) or (12) applies; or
(b) an incident involving the probability of a discharge from the ship of
a liquid substance, or a mixture containing a liquid substance, carried as cargo
or as part cargo in bulk, not being a discharge to which subsection 21(4), (5),
(6), (7), (8), (9), (10), (11) or (12) would apply; or
(c) if the ship is 15 metres or more in length—an incident
(including, but not limited to, collision, grounding, fire, explosion,
structural failure, flooding and cargo shifting) involving damage, failure or
breakdown that affects the safety of the ship; or
(d) if the ship is 15 metres or more in length—an incident
(including, but not limited to, failure or breakdown of steering gear,
propulsion plant, electrical generating system and essential shipborne
navigational aids) involving damage, failure or breakdown that impairs the
safety of navigation of the ship.
68 Subsection 23(8)
(penalty)
Repeal the penalty, substitute:
Penalty for a contravention of this subsection: 200 penalty
units.
69 At the end of subsection
25(3)
Add:
Penalty: 200 penalty units.
70 Subsection 25(4)
Repeal the subsection.
71 At the end of
Part III
Add:
(1) A prescribed officer may, if he or she is of the opinion that it is
reasonable to do so, require the owner or master of a ship, by written notice
given to the owner or master, as the case may be, to cause a specified quantity
of a liquid substance or of a mixture containing a liquid substance to be
discharged within a specified period from the ship to a specified facility that
is suitable to receive that quantity of the substance or mixture.
(2) The owner or master of a ship to whom a notice is given under
subsection (1) must comply with the notice.
Penalty: 500 penalty units.
72 Subsections 26AB(1), (3) and
(4)
Repeal the subsections, substitute:
(1) If:
(a) a person engages in conduct that causes a harmful substance, being a
substance carried as cargo in packaged form, to be jettisoned from a ship into
the sea; and
(b) the person is reckless or negligent as to causing the jettisoning by
that conduct; and
(c) either of the following applies:
(i) where the jettisoning occurs into the sea near a State, the Jervis Bay
Territory or an external Territory—there is no law of that State or
Territory that makes provision giving effect to Regulation 7 of Annex III to the
Convention in relation to that sea;
(ii) where the jettisoning does not occur into the sea near a State, the
Jervis Bay Territory or an external Territory or in the exclusive economic
zone—the ship is an Australian ship;
the person commits an offence punishable, on conviction, by a fine not
exceeding 2,000 penalty units.
(2) In subsection (1):
engage in conduct has the same meaning as in the Criminal
Code.
(3) Subject to subsections (5) and (6), if:
(a) a harmful substance, being a substance carried as cargo in packaged
form, is jettisoned from a ship into the sea; and
(b) either of the following applies:
(i) where the jettisoning occurs into the sea near a State, the Jervis Bay
Territory or an external Territory—there is no law of that State or
Territory that makes provision giving effect to Regulation 7 of Annex III to the
Convention in relation to that sea;
(ii) where the jettisoning does not occur into the sea near a State, the
Jervis Bay Territory or an external Territory or in the exclusive economic
zone—the ship is an Australian ship;
the master and the owner of the ship each commit an offence punishable, on
conviction, by a fine not exceeding 500 penalty units.
(4) An offence against subsection (3) is an offence of strict
liability.
73 Subsection 26AB(5)
Omit “Subsection (1) does not apply to the discharge”,
substitute “Subsection (3) does not apply to the
jettisoning”.
74 At the end of subsection
26AB(5)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
75 Subsection 26AB(6)
Omit “subsection (1)” (first occurring), substitute
“subsection (3)”.
76 Subsection 26AB(6)
Omit “subsection (1)” (last occurring), substitute
“that subsection”.
77 Subsection 26AB(6)
Omit “discharged by jettisoning”, substitute
“jettisoned”.
78 At the end of subsection
26AB(6)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
79 Subsection 26AB(7)
Repeal the subsection.
80 At the end of subsections 26B(1) and
(2)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
81 Subsection 26B(4)
Repeal the subsection, substitute:
(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: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
82 Paragraph 26B(5)(a)
Repeal the paragraph, substitute:
(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
83 Subsection 26B(6)
Repeal the subsection, substitute:
(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: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
84 At the end of subsection
26B(10A)
Add “or (3)”.
85 Subsection 26B(11)
Repeal the subsection, substitute:
(11) In this section:
prescribed incident, in relation to a ship, means:
(a) an incident involving the discharge from the ship of a harmful
substance carried as cargo in packaged form or in a freight container, portable
tank, road or rail vehicle or shipborne barge, not being a discharge in
accordance with the regulations or orders made under the regulations;
or
(b) an incident involving the probability of the discharge from the ship
of a harmful substance carried as cargo in packaged form or in a freight
container, portable tank, road or rail vehicle or shipborne barge, not being a
discharge in accordance with the regulations or orders made under the
regulations; or
(c) if the ship is 15 metres or more in length—an incident
(including, but not limited to, collision, grounding, fire, explosion,
structural failure, flooding and cargo shifting) involving damage, failure or
breakdown that affects the safety of the ship; or
(d) if the ship is 15 metres or more in length—an incident
(including, but not limited to, failure or breakdown of steering gear,
propulsion plant, electrical generating system and essential shipborne
navigational aids) involving damage, failure or breakdown that impairs the
safety of navigation.
86 Subsections 26BC(1) and
(2)
Repeal the subsections, substitute:
(1) If:
(a) a person engages in conduct that causes a discharge of untreated
sewage from a ship (other than a ship certified to carry not more than 10
persons) into the sea in the Antarctic Area; and
(b) the person is reckless or negligent as to causing the discharge by
that conduct; and
(c) where the discharge does not occur in the sea near the Australian
Antarctic Territory—the ship is an Australian ship;
the person commits an offence punishable, on conviction, by a fine not
exceeding 2,000 penalty units.
(2) In subsection (1):
engage in conduct has the same meaning as in the Criminal
Code.
(2A) Subject to subsections (3) and (4), if:
(a) untreated sewage is discharged from a ship (other than a ship
certified to carry not more than 10 persons) into the sea in the Antarctic Area;
and
(b) where the discharge does not occur in the sea near the Australian
Antarctic Territory—the ship is an Australian ship;
the master and the owner of the ship each commit an offence punishable, on
conviction, by a fine not exceeding 500 penalty units.
(2B) An offence against subsection (2A) is an offence of strict
liability.
87 Subsection 26BC(3)
Omit “Subsection (1)”, substitute
“Subsection (2A)”.
88 At the end of subsection
26BC(3)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
89 Subsection 26BC(4)
Omit “subsection (1)”, substitute
“subsection (2A)”.
90 At the end of subsection
26BC(4)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
91 Subsection 26BC(5)
Repeal the subsection.
92 Subsections 26D(1), (3) and
(4)
Repeal the subsections, substitute:
(1) If:
(a) a person engages in conduct that causes a discharge of sewage from a
ship into the sea; and
(b) the person is reckless or negligent as to causing the discharge by
that conduct; and
(c) either of the following applies:
(i) where the discharge occurs into the sea near a State, the Jervis Bay
Territory or an external Territory—there is no law of that State or
Territory that makes provision giving effect to paragraphs (1)(a) and (b)
of Regulation 8 and to Regulation 9 of Annex IV to the Convention in relation to
that sea;
(ii) where the discharge does not occur into the sea near a State, the
Jervis Bay Territory or an external Territory or in the exclusive economic
zone—the ship is an Australian ship;
the person commits an offence punishable, on conviction, by a fine not
exceeding 2,000 penalty units.
(2) In subsection (1):
engage in conduct has the same meaning as in the Criminal
Code.
(3) Subject to subsections (5) to (9), if:
(a) sewage is discharged from a ship into the sea; and
(b) either of the following applies:
(i) where the discharge occurs into the sea near a State, the Jervis Bay
Territory or an external Territory—there is no law of that State or
Territory that makes provision giving effect to paragraphs (1)(a) and (b)
of Regulation 8 and to Regulation 9 of Annex IV to the Convention in relation to
that sea;
(ii) where the discharge does not occur into the sea near a State, the
Jervis Bay Territory or an external Territory or in the exclusive economic
zone—the ship is an Australian ship;
the master and the owner of the ship each commit an offence punishable, on
conviction, by a fine not exceeding 500 penalty units.
(4) An offence against subsection (3) is an offence of strict
liability.
93 Subsection 26D(5)
Omit “Subsection (1)”, substitute
“Subsection (3)”.
94 At the end of subsection
26D(5)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
95 Subsection 26D(6)
Omit “subsection (1)”, substitute
“subsection (3)”.
96 At the end of subsection
26D(6)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
97 Subsection 26D(7)
Omit “subsection (1)”, substitute
“subsection (3)”.
98 At the end of subsection
26D(7)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
99 Subsection 26D(8)
Omit “subsection (1)”, substitute
“subsection (3)”.
100 At the end of subsection
26D(8)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
101 Subsection 26D(9)
Omit “subsection (1)”, substitute
“subsection (3)”.
102 Paragraph 26D(9)(c)
Omit “applies”, substitute “apply”.
103 Paragraph 26D(9)(d)
Omit “does not apply”, substitute “do not
apply”.
104 Subsection 26D(10)
Repeal the subsection.
105 After section 26D
Insert:
(1) A prescribed officer may, if he or she is of the opinion that it is
reasonable to do so, require the owner or master of a ship, by written notice
given to the owner or master, as the case may be, to cause a specified quantity
of sewage to be discharged within a specified period from the ship to a
specified facility that is suitable to receive that quantity of
sewage.
(2) The owner or master of a ship to whom a notice is given under
subsection (1) must comply with the notice.
Penalty: 500 penalty units.
106 After section 26E
Insert:
For the purposes of this Part:
(a) overseas voyage has the same meaning as it has in the
Navigation Act 1912 except that a voyage of an Australian fishing vessel
(being a ship that is regularly engaged in making voyages from a port or ports
in Queensland) beginning at a port in that State and ending at the same port or
another port in that State is not to be taken to be an overseas voyage merely
because, as an incidental part of its fishing operations on that voyage, the
ship calls at a port or ports in Papua New Guinea; and
(b) Australian fishing vessel has the same meaning as in the
Navigation Act 1912.
107 Subsections 26F(1), (3) and
(4)
Repeal the subsections, substitute:
(1) If:
(a) a person engages in conduct that causes a disposal of garbage from a
ship into the sea; and
(b) the person is reckless or negligent as to causing the disposal by that
conduct; and
(c) either of the following applies:
(i) where the disposal occurs into the sea near a State, the Jervis Bay
Territory or an external Territory—there is no law of that State or
Territory that makes provision giving effect to Regulations 3, 5 and 6 of Annex
V to the Convention in relation to that sea;
(ii) where the disposal does not occur into the sea near a State, the
Jervis Bay Territory or an external Territory or in the exclusive economic
zone—the ship is an Australian ship;
the person commits an offence punishable, on conviction, by a fine not
exceeding 2,000 penalty units.
(2) In subsection (1):
engage in conduct has the same meaning as in the Criminal
Code.
(3) Subject to subsections (5) to (11), if:
(a) there is a disposal of garbage from a ship into the sea; and
(b) either of the following applies:
(i) where the disposal occurs into the sea near a State, the Jervis Bay
Territory or an external Territory—there is no law of that State or
Territory that makes provision giving effect to Regulations 3, 5 and 6 of Annex
V to the Convention in relation to that sea;
(ii) where the disposal does not occur into the sea near a State, the
Jervis Bay Territory or an external Territory or in the exclusive economic
zone—the ship is an Australian ship;
the master and the owner of the ship each commit an offence punishable, on
conviction, by a fine not exceeding 500 penalty units.
(4) An offence against subsection (3) is an offence of strict
liability.
108 Subsection 26F(5)
Omit “Subsection (1)”, substitute
“Subsection (3)”.
109 At the end of subsection
26F(5)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
110 Subsection 26F(6)
Omit “subsection (1)”, substitute
“subsection (3)”.
111 At the end of subsection
26F(6)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
112 Subsection 26F(7)
Omit “subsection (1)”, substitute
“subsection (3)”.
113 At the end of subsection
26F(7)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
114 Subsection 26F(8)
Omit “subsection (1)”, substitute
“subsection (3)”.
115 At the end of subsection
26F(8)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
116 Subsection 26F(8A)
Omit “subsection (1)”, substitute
“subsection (3)”.
117 At the end of subsection
26F(8A)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
118 Subsection 26F(9)
Omit “subsection (1)”, substitute
“subsection (3)”.
119 At the end of subsection
26F(9)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
120 Subsection 26F(10)
Omit “subsection (1)”, substitute
“subsection (3)”.
121 At the end of subsection
26F(10)
Add:
Note: The defendant bears an evidential burden of proof of
the matters mentioned in this subsection.
122 Subsection 26F(11)
Omit “subsection (1)”, substitute
“subsection (3)”.
123 Paragraph 26F(11)(c)
Omit “applies”, substitute “apply”.
124 Paragraph 26F(11)(d)
Omit “does not apply”, substitute “do not
apply”.
125 Subsection 26F(12)
Repeal the subsection.
126 At the end of
Part IIIC
Add:
(1) This section applies to an Australian ship that:
(a) has a gross tonnage of 400 or more; or
(b) is certified to carry 15 persons or more and is engaged on an overseas
voyage.
(2) Every ship to which this section applies must carry a garbage record
book as required by the regulations.
(3) A garbage record book must be in accordance with the appropriate
prescribed form with provision made for a signature, in accordance with
subsection (8), in relation to each entry made in it and for a signature,
in accordance with subsection (7), in relation to each page of
it.
(4) If a ship does not carry a garbage record book as required by this
section, the master and the owner of the ship each commit an offence punishable,
upon conviction, by a fine of not more than 50 penalty units.
(5) An offence against subsection (4) is an offence of strict
liability.
(6) If a prescribed operation or prescribed occurrence is carried out or
occurs in, or in relation to, a ship, the master of the ship must make, without
delay, appropriate entries in accordance with subsection (8) in the
ship’s garbage record book, or cause appropriate entries in accordance
with that subsection to be made, as soon as is practicable in the circumstances,
in that book.
Penalty: 200 penalty units.
(7) If a page of a ship’s garbage record book is completed, the
master of the ship must, as soon as is practicable in the circumstances, sign
the page.
Penalty: 50 penalty units.
(8) An entry in a ship’s garbage record book:
(a) must be made in the English language; and
(b) must be signed by the master of the ship and, if the entry is made in
relation to a prescribed operation, by the officer or other person in charge of
the operation.
(1) A garbage record book of a ship to which section 26FA applies
must be retained in the ship until the end of one year after the day on which
the last entry was made in the book and must be readily accessible for
inspection at all reasonable times.
(2) If a garbage record book is not retained in a ship, or is not readily
accessible, in accordance with subsection (1), the master and the owner of
the ship are each guilty of an offence punishable, upon conviction, by a fine of
not more than 50 penalty units.
(3) An offence against subsection (2) is an offence of strict
liability.
(4) The owner of a ship to which section 26FA applies must cause the
ship’s garbage record book to be retained:
(a) in the ship; or
(b) at the owner’s registered office;
until the end of 2 years after the end of the period during which the book
is required to be retained in the ship under subsection (1) and must be
readily accessible for inspection at all reasonable times.
Penalty: 50 penalty units.
(5) The owner of a ship to which section 26FA applies who resides in
Australia, or has an office or agent in Australia, may from time to time give to
a prescribed officer notice, in writing, of the address of:
(a) the place at which the owner so resides; or
(b) the owner’s office in Australia or, if the owner has more than
one office in Australia, the owner’s principal office in Australia;
or
(c) the office or place of residence of the owner’s agent or, if the
owner’s agent has more than one office in Australia, the principal office
in Australia of the owner’s agent.
(6) The place or office of which an address is given for the time being
under subsection (5) is the registered office of the owner of the ship for
the purposes of subsection (4).
(7) If the owner of a ship to which section 26FA applies does not
reside in Australia and does not have an office or agent in Australia, the owner
may deposit a garbage record book of the ship with a prescribed officer and,
while the book is so deposited, the book is taken, for the purposes of
subsection (4), to be retained at the registered office of the
owner.
(1) This section applies to an Australian ship that:
(a) has a gross tonnage of 400 or more; or
(b) is certified to carry 15 persons or more.
(2) There must be kept on board a ship to which this section applies a
shipboard waste management plan written in the working language of the master
of, and the officers on board, the ship.
(3) A shipboard waste management plan must:
(a) be in accordance with the prescribed form; and
(b) set out the procedures for collecting, storing, processing and
disposing of garbage, including the use of the equipment on board the ship for
carrying out those procedures; and
(c) designate the person who is in charge of carrying out the
plan.
(4) Subsection (3) does not prevent other relevant particulars from
being included in the shipboard waste management plan.
(5) If a ship to which this section applies does not have on board a
shipboard waste management plan, the master and the owner of the ship each
commit an offence punishable, on conviction, by a fine not exceeding 50 penalty
units.
(6) An offence against subsection (5) is an offence of strict
liability.
(1) There must be displayed, on board a ship of 12 metres or more in
length, one or more placards notifying the crew and passengers of the kinds of
garbage that may, or may not, be disposed of from the ship, and the conditions
to which any such disposal is subject, under section 26F.
(2) If the ship is an Australian ship, the placard or each placard must be
written in the English language.
(3) If:
(a) the ship is a foreign ship that is engaged on a voyage to an
Australian port or to an Australian offshore terminal; and
(b) the placard or each placard is written in the official language or one
of the official languages of the country whose flag the ship is entitled to fly;
and
(c) the language in which the placard or each placard is so written is
neither English nor French;
the placard or each placard must also be written in either English or
French.
(4) If a placard required under this section to be displayed on a ship is
not so displayed, the master and the owner of the ship each commit an offence
punishable, on conviction, by a fine not exceeding 50 penalty units.
(5) An offence against subsection (4) is an offence of strict
liability.
(1) A prescribed officer may, if he or she is of the opinion that it is
reasonable to do so, require the owner or master of a ship, by written notice
given to the owner or master, as the case may be, to cause a specified quantity
of garbage to be disposed of within a specified period from the ship to a
specified facility that is suitable to receive that quantity of
garbage.
(2) The owner or master of a ship to whom a notice is given under
subsection (1) must comply with the notice.
Penalty: 500 penalty units.
127 Subsections 28(3) and
(4)
Repeal the subsections, substitute:
(3) If, in accordance with subsection (2), a court of summary
jurisdiction convicts a person of an offence against this Act (other than an
offence against a section referred to in subsection (4)), the penalty that
the court may impose is a fine not exceeding 80 penalty units.
(4) If, in accordance with subsection (2), a court of summary
jurisdiction convicts a person of an offence against section 9, 21, 26AB,
26D or 26F, the penalty that the court may impose is a fine not exceeding 200
penalty units.
128 After section 29A
Insert:
The Minister may, by writing signed by him or her, certify that a
document set out in, or annexed to, the certificate:
(a) sets out the terms of the 1973 Convention; or
(b) sets out the terms of the 1978 Protocol;
and such a certificate is, for all purposes, prima facie evidence of the
matters so certified.
129 Paragraph 33(1)(f)
Repeal the paragraph, substitute:
(f) prescribing penalties not exceeding 30 penalty units for a
contravention of a provision of the regulations or of any of the orders made
under section 34; and
130 Schedules 1 to 14
Repeal the Schedules.
Submarine Cables and
Pipelines Protection Act 1963
1 Preamble
Repeal the Preamble.
2 Subsection 5(1)
After “high seas” (wherever occurring), insert “or in the
exclusive economic zone”.
3 Subsection 5(2)
Repeal the subsection, substitute:
(2) In subsection (1):
exclusive economic zone has the same meaning as in the
Seas and Submerged Lands Act 1973.
high seas has the same meaning as in the United Nations
Convention on the Law of the Sea done at Montego Bay on 10 December
1982.