Victorian Current Acts Victorian Current Acts(1) Where a prescribed incident occurs in State waters in relation to a ship, the master of the ship must, without delay, notify a prescribed officer of the incident, in the prescribed manner, and if a prescribed officer is not so notified the master is guilty of an indictable offence punishable upon conviction by a fine not exceeding 500 penalty units, or imprisonment for 1 year, or both.
(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.
(3) Where a prescribed incident occurs in State waters in relation to a ship 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 a prescribed officer of the incident, in the prescribed manner, and, if a prescribed officer is not so notified, each of those persons is guilty of an indictable offence punishable, upon conviction—
(c) if the offender is a natural person by a fine not exceeding—500 penalty units or imprisonment for 1 year or both; or
(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 (3) 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).
(6) A master of a ship who, pursuant to subsection (1), has notified a prescribed officer of the occurrence of a prescribed incident must, if so requested by a prescribed officer, give, 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.
(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 must, if so requested by a prescribed officer give, 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.
(8) A person must not, in a notice given to a prescribed officer pursuant to subsection (1) or (3) or in a report given to a prescribed officer 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 to subsection (1) or (3), and a report given to a prescribed officer pursuant to subsection (6) or (7), must not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against section 23E.
(10) In this section, "prescribed incident", in relation to a ship means—
(a) a discharge from the ship of a harmful substance carried as cargo in a packaged form or in a freight container, portable tank or road and rail tank wagon, not being a discharge occurring because the substance was washed overboard in accordance with the regulations or orders made pursuant to the regulations; or
(b) an incident involving the probability of a discharge from the ship of a harmful substance carried as cargo in packaged form or in a freight container, portable tank or road and rail tank wagon, not being a discharge occurring because the substance was washed overboard in accordance with the regulations or orders made pursuant to the regulations.
S. 23E inserted by No. 46/1991
s. 16.