South Australian Current Acts South Australian Current Acts24AAB—Prohibition of discharge of harmful substances into State waters
(1) Subject to
subsection (3), if a discharge of a harmful substance carried as cargo in
packaged form occurs from a ship into State waters, the master and the owner
of the ship are each guilty of an offence.
Maximum penalty:
(a) if
the offender is a natural person—$50 000; or
(b) if
the offender is a body corporate—$250 000.
(2)
Subsection (1) does not apply—
(a) to
the discharge of a harmful substance from a ship for the purpose of securing
the safety of the ship and persons on board the ship or of saving life at sea;
or
(b)
where a harmful substance is washed overboard from a ship—
(i)
in accordance with regulations or orders made pursuant to
regulations; or
(ii)
in circumstances where compliance with such regulations
or orders would have impaired the safety of the ship or of persons on board
the ship.
(3) In proceedings for
an offence against subsection (1) in relation to a ship, it is sufficient
for the prosecution to allege and prove that a discharge of a harmful
substance referred to in subsection (1) occurred from the ship into State
waters, but it is a defence if it is proved that, by virtue of
subsection (2), subsection (1) does not apply in relation to the
discharge.