Commonwealth Numbered Acts

PROTECTION OF THE SEA (POWERS OF INTERVENTION) ACT 1981 No. 33, 1981 - SECT 9

9. (1) Where the Minister is satisfied that, following upon a maritime
casualty or acts related to such a casualty, there is grave and imminent
danger to the coastline of Australia, or to the related interests of
Australia, from pollution or threat of pollution of the sea by substances
other than oil which may reasonably be expected to result in major harmful
consequences, the Minister may take such measures on the high seas as he
considers necessary to prevent, mitigate or eliminate the danger.

(2) Without limiting the generality of sub-section (1), the measures that the
Minister may take on the high seas under this section in relation to the ship,
or any of the ships, involved in the maritime casualty include -

   (a)  the taking of action, whether or not directions have been issued under
        paragraph (b) in relation to the ship -

        (i)    to move the ship or part of the ship to another place;

        (ii)   to remove cargo from the ship;

        (iii)  to salvage the ship, part of the ship or any of the ship's
               cargo;

        (iv)   to sink or destroy the ship or part of the ship;

        (v)    to sink, destroy or discharge into the sea any of the ship's
               cargo; or

        (vi)   to take over control of the ship or part of the ship; or

   (b)  the issuing of directions of the kind authorized by section 11 -

        (i)    to the owner of the ship;

        (ii)   to the master of the ship; or

        (iii)  to any salvor in possession of the ship.

(3) This section does not authorize the taking of measures against a warship
or other ship owned or operated by a foreign State and used, for the time
being, only on government non-commercial service.

(4) The Minister shall, in and in relation to the exercise of his powers under
this section, act in accordance with Articles III and V of the Convention as
applying by virtue of Article II of the Protocol or, if the Protocol has not
entered into force, in accordance with those Articles of the Convention as
they would apply by virtue of that Article of the Protocol if the Protocol had
entered into force.

(5) This section shall not be construed as limiting or otherwise affecting any
right or power that the Commonwealth may have, whether under international
law, under this Act or otherwise, apart from this section.

(6) Where an expression is used in this section -

   (a)  if the expression is also used in the Protocol (whether or not a
        particular meaning is assigned to it by the Protocol) - the expression
        has, in this section, the same meaning as in the Protocol; or

   (b)  subject to paragraph (a), if the expression is also used in the
        provisions of the Convention referred to in paragraph 1 of Article II
        of the Protocol (whether or not a particular meaning is assigned to it
        by the Convention) - the expression has, in this section, the same
        meaning as in the Convention.