Victorian Current Acts

POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1986 - SECT 40

    (1)     This section applies to—

        (a)     a trading ship proceeding on an intra-state voyage;

        (b)     an Australian fishing vessel proceeding on a voyage other than an overseas voyage; or

        (c)     a pleasure vessel—

    that is—

        (d)     an oil tanker of 150 tons gross tonnage and above; or

        (e)     a ship, other than an oil tanker, of 400 tons gross tonnage and above.

    (2)     The master of a ship to which this section applies shall not begin a voyage unless there is in force in respect of the ship a ship construction certificate.

    Penalty: 100 penalty units or imprisonment for 4 years, or both.

    (3)     The owner of a ship to which this section applies shall not permit the ship to begin a voyage unless there is in force in respect of the ship a ship construction certificate.

    Penalty—

        (a)     if the offender is a natural person—100 penalty units or imprisonment for 4 years, or both; or

S. 40(3)(b) amended by No. 46/1991
s. 26(a).

        (b)     if the offender is a body corporate—500 penalty units.

S. 40(3A) inserted by No. 46/1991
s. 26(b).

    (3A)     An offence against subsection (2) or (3) is an indictable offence.

    (4)     The regulations may exempt ships included in a prescribed class of ships from the application of subsection (1), either absolutely or subject to conditions.

    (5)     In this section "ship construction certificate" means—

        (a)     a ship construction certificate issued under section 37; or

        (b)     a ship construction certificate issued under section 267B of the Navigation Act; or

        (c)     a ship construction certificate issued under a law of another State or the Northern Territory and being a certificate of a kind prescribed as acceptable for the purposes of this Division; or

        (d)     an International Oil Pollution Prevention Certificate issued to a foreign ship under section 267C of the Navigation Act; or

        (e)     an International Oil Pollution Prevention Certificate issued to an Australian ship under the law of a country other than Australia giving effect to Regulation 6 of Annex I.

S. 40(6) amended by No. 46/1991
s. 26(c).

    (6)     The owner of a ship to which this section applies in respect of which a ship construction certificate is in force shall cause the certificate to be carried on board the ship.

    Penalty: 10 penalty units.

Division 3—Prevention of Pollution from Ships Convention (ships carrying noxious liquid substances in bulk)