Victorian Current Acts Victorian Current ActsS. 10(1) amended
by No. 46/1991
s. 7(a).
(1) Where a prescribed incident occurs in relation to a ship in State waters, the master of the ship shall, without delay, notify, in the prescribed manner, a prescribed officer of the incident.
Penalty: 500 penalty units or imprisonment for one year or both.
S. 10(1A) inserted by No. 46/1991
s. 7(b).
(1A) An offence against subsection (1) is an indictable offence.
(2) In a prosecution of a person for an offence against subsection (1) in relation to a prescribed incident, it is a defence if the person proves that the person was unable to comply with the subsection in relation to the incident.
S. 10(3) amended by No. 46/1991
s. 7(c).
(3) Where a prescribed incident occurs in relation to a ship in State waters and—
(a) the master of the ship is unable to comply with subsection (1) in relation to the incident; or
(b) the incident 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 incident and, if a prescribed officer is not so notified, each of those persons is guilty of an indictable offence punishable, upon conviction—
S. 10(4)(c) inserted by No. 46/1991
s. 7(c).
(c) if the offender is a natural person, by a fine not exceeding 500 penalty units, or imprisonment for one year, or both; or
S. 10(4)(d) inserted by No. 46/1991
s. 7(c).
(d) if the offender is a body corporate, by a fine not exceeding 2500 penalty units.
(4) In a prosecution of a person for an offence against subsection (3) in relation to a prescribed incident in relation to a ship, it is a defence if the person proves—
(a) that the person was not aware of the incident; or
(b) in the case of a prescribed incident to which subsection (3)(a) applies—that the person neither knew nor suspected that the master of the ship was unable to comply with subsection (1) in relation to the incident.
(5) Subsection (4) shall not be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (3).
S. 10(6) amended by No. 46/1991
s. 7(d).
(6) A master of a ship who, pursuant to subsection
(1), has notified a prescribed officer of the occurrence of a
prescribed incident shall, if so requested by a prescribed officer, furnish,
within
the prescribed time, a report to a prescribed officer in relation to
the incident in accordance with the prescribed form.
Penalty: 200 penalty units.
S. 10(7) amended by No. 46/1991
s. 7(e).
(7) Where subsection (3) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that subsection, has notified a prescribed officer of the occurrence of the prescribed incident shall, if so requested by a prescribed officer, furnish, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form.
Penalty: 200 penalty units.
S. 10(8) amended by No. 46/1991
s. 7(f)(g).
(8) A person shall not, in a notice given to a prescribed officer pursuant to subsection (1) or (3) or in a report furnished to a prescribed officer pursuant to subsection (6) or (7), knowingly or recklessly make a statement that is false or misleading in a material particular.
Penalty: 200 penalty units.
(9) A notice given to a prescribed officer pursuant to subsection (1) or (3), and a report furnished to a prescribed officer pursuant to subsection (6) or (7), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against section 8(1).
(10) In this section, "prescribed incident", in relation to a ship, means—
(a) a discharge from the ship of oil or an oily mixture, not being a discharge to which section 8(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 section 8(4) would apply.