Part 5 Ships carrying or using oil or carrying noxious liquid substances
(1) In this Part:Annex I means Annex I to the Convention.
Annex II means Annex II to the Convention.
foreign ship means a ship that is not an Australian ship.
(2) Except in so far as the contrary intention appears, an expression that is used in this Part and in Annex I or Annex II (whether or not a particular meaning is assigned to it by the Annex) has, in this Part, the same meaning as in that Annex.(3) For the purposes of this Part, a ship shall not be taken to comply with:(a) the provisions of Annex I if it does not comply with the regulations and orders referred to in section 35, or(b) the provisions of Annex II if it does not comply with the regulations and orders referred to in section 40.
This Part 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, and(c) a pleasure vessel.
Division 2 Ships carrying or using oil
35 Regulations to give effect to Regulations 13 to 19 (inclusive) of Annex I
(1) The regulations may make provision for and in relation to giving effect to Regulations 13 to 19 (inclusive) of Annex I.(2) Without limiting the generality of subsection (1), regulations made for the purposes of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.
36 Ship construction certificates
Where, on receipt of declarations of survey in respect of a ship, the Minister is satisfied that the ship is constructed in accordance with the provisions of Annex I, the Minister may, whether or not the ship is required by Annex I to be constructed in accordance with those provisions, issue in respect of the ship a ship construction certificate in the prescribed form attesting such compliance.
37 Alteration etc of construction of ships and cancellation of certificates
(1) Where the construction of a ship in respect of which a ship construction certificate issued under section 36 is in force is altered, or such a ship is damaged, in a manner which affects its compliance with the provisions of Annex I, the master or owner of the ship shall, within 7 days after the construction of the ship is altered or the ship is damaged, as the case may be, give a notice in writing of the alteration or damage to such person, and in such form, as are prescribed and, if the notice is not so given, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding:(a) if the offender is a natural person—10 penalty units, or(b) if the offender is a body corporate—50 penalty units.(2) Where a notice required to be given under subsection (1) is not given within the period referred to in that subsection, the following provisions of this subsection have effect:(a) the obligation to give the notice continues, notwithstanding that that period has expired, until the notice is given,(b) the master and the owner of the ship are each guilty of a separate and further offence in respect of each day during which the notice is not given, being a day after the expiration of that period,(c) the penalty applicable to each such separate and further offence is a fine not exceeding:(i) if the offender is a natural person—10 penalty units, or(ii) if the offender is a body corporate—50 penalty units.(3) Where the Minister has reason to believe that:(a) the report of a surveyor concerning a ship in respect of which a ship construction certificate issued under section 36 is in force was fraudulently or erroneously made or obtained,(b) a ship construction certificate has been issued under section 36 in respect of a ship upon false or erroneous information,(c) the construction of a ship in respect of which a ship construction certificate issued under section 36 is in force has been altered, or such a ship has been damaged, in a manner which affects its compliance with the provisions of Annex I, or(d) the owner of a ship in respect of which a ship construction certificate issued under section 36 is in force has failed to comply with section 38 in respect of the ship,the Minister may, by instrument in writing, cancel the certificate.(4) Where the Minister cancels a ship construction certificate issued by it in respect of a ship, the certificate is of no force or effect after the Minister has given notice in writing of the cancellation addressed to the owner, agent or master of the ship and served in accordance with the regulations.(5) Where a ship construction certificate issued in respect of a ship is cancelled under this section, the Minister may, by notice in writing addressed to the owner, agent or master of the ship and served in accordance with the regulations, require the certificate to be delivered up to the Minister or to such other person as the Minister specifies, and the Minister may detain the ship until the requirement is complied with.
38 Ships to be surveyed periodically
(1) The owner of a ship in respect of which a ship construction certificate issued under section 36 is in force shall, at least once during each period that is a prescribed period in relation to the ship for the purposes of this section, cause the ship to be surveyed for the purpose of ensuring its compliance with the provisions of Annex I.(2) Where the owner of a ship in respect of which a ship construction certificate issued under section 36 is in force fails to comply with subsection (1) in relation to the ship and to a period that is a prescribed period in relation to the ship, the owner is guilty of an offence punishable, upon conviction, by a fine not exceeding:(a) if the owner is a natural person—20 penalty units, or(b) if the owner is a body corporate—100 penalty units.
39 Requirement for ship construction certificates
(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 that has a gross tonnage of 150 or more, or(e) a ship, other than an oil tanker, that has a gross tonnage of 400 or more.(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(b) if the offender is a body corporate—500 penalty units.(4) In this section ship construction certificate means:(a) a ship construction certificate issued under section 36,(b) a ship construction certificate issued under section 267B of the Navigation Act 1912 of the Commonwealth,(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,(d) an International Oil Pollution Prevention Certificate issued to a foreign ship under section 267C of the Navigation Act 1912 of the Commonwealth, 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.(5) 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 carrying noxious substances in bulk
40 Regulations to give effect to Regulation 13 of Annex II
(1) The regulations may make provision for and in relation to giving effect to Regulation 13 of Annex II.(2) Without limiting the generality of subsection (1), regulations made for the purposes of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.
41 Chemical tanker construction certificates
Where, on receipt of declarations of survey in respect of a ship, the Minister is satisfied that the ship is constructed in accordance with the provisions of Annex II, the Minister may, whether or not the ship is required by Annex II to be constructed in accordance with those provisions, issue in respect of the ship a chemical tanker construction certificate in the prescribed form attesting such compliance.
42 Alteration etc of construction of ships and cancellation of certificates
(1) Where the construction of a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force is altered, or such a ship is damaged, in a manner which affects its compliance with the provisions of Annex II, the master or owner of the ship shall, within 7 days after the construction of the ship is altered or the ship is damaged, as the case may be, give a notice in writing of the alteration or damage to such person, and in such form, as are prescribed and, if the notice is not so given, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding:(a) if the offender is a natural person—10 penalty units, or(b) if the offender is a body corporate—50 penalty units.(2) Without limiting the generality of subsection (1), a ship in respect of which a chemical tanker construction certificate is in force shall, for the purposes of that subsection, be taken to be damaged if the ship becomes unfit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.(3) Where a notice required to be given under subsection (1) is not given within the period referred to in that subsection, the following provisions of this subsection have effect:(a) the obligation to give the notice continues, notwithstanding that that period has expired, until the notice is given,(b) the master and the owner of the ship are each guilty of a separate and further offence in respect of each day during which the notice is not given, being a day after the expiration of that period,(c) the penalty applicable to each such separate and further offence is a fine not exceeding:(i) if the offender is a natural person—10 penalty units, or(ii) if the offender is a body corporate—50 penalty units.(4) Where the Minister has reason to believe that:(a) the report of a surveyor concerning a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force was fraudulently or erroneously made or obtained,(b) a chemical tanker construction certificate has been issued under section 41 in respect of a ship upon false or erroneous information,(c) the construction of a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force has been altered, or such a ship has been damaged, in a manner which affects its compliance with the provisions of Annex II, or(d) the owner of a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force has failed to comply with section 43 in respect of the ship,the Minister may, by instrument in writing, cancel the certificate.(5) Where the Minister cancels a chemical tanker construction certificate issued by it in respect of a ship, the certificate is of no force or effect after the Minister has given notice in writing of the cancellation addressed to the owner, agent or master of the ship and served in accordance with the regulations.(6) Where a chemical tanker construction certificate issued in respect of a ship is cancelled under this section, the Minister may, by notice in writing addressed to the owner, agent or master of the ship and served in accordance with the regulations, require the certificate to be delivered up to the Minister or to such other person as the Minister specifies, and the Minister may detain the ship until the requirement is complied with.
43 Ships to be surveyed periodically
(1) The owner of a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force shall, at least once during each period that is a prescribed period in relation to the ship for the purposes of this section, cause the ship to be surveyed for the purpose of ensuring its compliance with the provisions of Annex II.(2) Where the owner of a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force fails to comply with subsection (1) in relation to the ship and to a period that is a prescribed period in relation to the ship, the owner is guilty of an offence punishable, upon conviction, by a fine not exceeding:(a) if the owner is a natural person—20 penalty units, or(b) if the owner is a body corporate—100 penalty units.
44 Requirement for chemical tanker construction certificates
(1) Where a trading ship proceeding on an intra-state voyage is constructed or adapted so that it can carry as cargo, or part cargo, in bulk any substance that, for the purposes of Part 3, is a substance in Category A, B, C or D, the master of that ship shall not begin a voyage, and the owner of that ship shall not permit that ship to begin a voyage, unless there is in force in respect of that ship a chemical tanker construction certificate.Penalty:
(a) if the offender is a natural person—100 penalty units or imprisonment for 4 years, or both, or(b) if the offender is a body corporate—500 penalty units.(2) In this section chemical tanker construction certificate means:(a) a chemical tanker construction certificate issued under section 41,(b) a chemical tanker construction certificate issued under section 267Q of the Navigation Act 1912 of the Commonwealth,(c) a chemical tanker 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 Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued to a foreign ship under section 267R of the Navigation Act 1912 of the Commonwealth.(3) The owner of a ship of the kind referred to in subsection (1) in respect of which a chemical tanker construction certificate is in force shall cause the certificate to be carried on board the ship.Penalty: 10 penalty units.