Western Australian Current Acts Western Australian Current Acts (1) Where a prescribed
incident occurs in State waters in relation to a ship, the master of the ship
shall, without delay, notify, in the prescribed manner, a prescribed officer
of the incident.
Penalty: $5 000.
(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, 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 offence punishable,
upon conviction, by a fine not exceeding —
(aa) if
the offender is a natural person — $5 000; or
(bb) if
the offender is a body corporate — $25 000.
(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).
(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: $5 000.
(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: $5 000.
(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), make a statement that is false or misleading in a material
particular.
Penalty: $5 000.
(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(6) 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(6) would apply.