Commonwealth Numbered Acts

PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 No. 41, 1983 - SECT 22

22. (1) In this section, ''liquid substance'' does not include a substance
listed in Appendix III to Annex II.

(2) If any discharge of a liquid substance, or a mixture containing a liquid
substance, carried as cargo occurs from an Australian ship into the sea, the
master of the ship shall, without delay, notify, in the prescribed manner, a
prescribed officer of the occurrence.

Penalty: $5,000.

(3) It is a defence if a person charged with an offence against sub-section
(2) proves that he was unable to comply with that sub-section in relation to
the relevant occurrence.

(4) Where a discharge referred to in sub-section (2) occurs from an
Australian ship and -

   (a)  the master of the ship is unable to comply with that sub-section in
        relation to the occurrence; or

   (b)  the discharge occurs in circumstances in which the ship is abandoned,
        the owner, charterer, manager or operator of the ship or an agent of
        the owner, charterer, manager or operator of the ship shall, without
        delay, notify, in the prescribed manner, a prescribed officer of the
        occurrence and, if a prescribed officer is not so notified of the
        occurrence, those persons are each guilty of an offence punishable,
        upon conviction, by a fine not exceeding $5,000.

(5) On the prosecution of a person for an offence against sub-section (4), it
is a defence if the person proves-

   (a)  that he was not aware of the relevant occurrence; or

   (b)  in the case of an offence to which paragraph (4) (a) applies, that he
        neither knew nor suspected that the master of the ship concerned was
        unable to comply with sub-section (2) in relation to the relevant
        occurrence.

(6) Any defence for which provision is made under sub-section (5) in relation
to an offence does not limit any defence otherwise available to the person
charged.

(7) Where, in compliance with sub-section (2), the master of a ship has
notified a prescribed officer of the occurrence of a discharge, he shall, if
so requested by a prescribed officer, furnish, within the prescribed time, a
report in relation to the discharge in accordance with the prescribed form to
a prescribed officer.

Penalty: $5,000.

(8) Where sub-section (4) applies in relation to a discharge from a ship, a
person who, under that sub-section, has notified a prescribed officer of the
occurrence of the discharge shall, if so requested by a prescribed officer,
furnish, within the prescribed time, a report in relation to the discharge in
accordance with the prescribed form to a prescribed officer.

Penalty: $5,000.

(9) Sub-sections (2) and (4) do not apply in relation to the discharge of a
liquid substance or a mixture from a ship into-

   (a)  the territorial sea of Australia; or

   (b)  the sea on the landward side of the territorial sea of Australia.

(10) A person shall not, in a notice given to a prescribed officer in
pursuance of sub-section (2) or (4) or in a report furnished to a prescribed
officer in pursuance of a request made under sub-section (7) or (8), make a
statement that is false or misleading in a material particular.

Penalty: $5,000.

(11) A notice given to a prescribed officer in pursuance of sub-section (2) or
(4), and a report furnished to a prescribed officer in pursuance of a request
made under sub-section (7) or (8), shall not, without the consent of the
person charged, be admitted in evidence in a prosecution for an offence
against sub-section 21 (1).