Commonwealth Numbered Acts

PROTECTION OF THE SEA LEGISLATION AMENDMENT ACT 2010 (NO. 116, 2010) - SCHEDULE 2

Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008

1  Section 3

Insert:

"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.

2  Section 3

Insert:

"shipowner" has the same meaning as in the Bunker Oil Convention.

3  Before section 25

Insert:

24A   Responder immunity

             (1)  Subject to this section, no civil action, suit or proceeding lies against a person in relation to anything done, or omitted to be done, reasonably and in good faith by the person in relation to preventing or minimising pollution damage occurring in Australia or the exclusive economic zone of Australia.

Note:          This section also applies in relation to the coastal sea of Australia and an external Territory: see section 15B of the Acts Interpretation Act 1901 .

Exceptions

             (2)  Subsection (1) does not prevent an action, suit or proceeding from being brought against the shipowner or shipowners concerned (including on the basis of vicarious liability).

             (3)  Subsection (1) does not apply in relation to anything done, or omitted to be done:

                     (a)  with intent to cause damage; or

                     (b)  recklessly and with knowledge that damage would probably result.

Scope of section

             (4)  Subsection (1) has effect:

                     (a)  in relation to anything done, or omitted to be done, by:

                              (i)  a constitutional corporation; or

                             (ii)  a director, officer, employee or agent of a constitutional corporation in the capacity of such a director, officer, employee or agent; and

                     (b)  in relation to anything done, or omitted to be done, outside Australia; and

                     (c)  in relation to anything done, or omitted to be done, in the course of, or in relation to, any of the following:

                              (i)  trade or commerce between Australia and places outside Australia;

                             (ii)  trade or commerce among the States;

                            (iii)  trade or commerce within a Territory, between a State and a Territory or between 2 Territories; and

                     (d)  in relation to anything done, or omitted to be done, by the Commonwealth or an authority of the Commonwealth.

             (5)  For the purposes of paragraph (4)(b), outside Australia means outside the baseline from which the breadth of the territorial sea (within the meaning of the Seas and Submerged Lands Act 1973 ) is measured under section 7 of that Act.

4  Application

The amendment made by item 3 applies in relation to anything done, or omitted to be done, on or after the commencement of that item.