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Contents (2012 - 5)
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Marine Pollution Act 2012 No 5
Current version for 6 January 2017 to date (accessed 20 February 2020 at 10:24)
Part 5 Division 2 Section 46
46   Causing jettisoning of harmful substances in packaged form into State waters from ship prohibited
(Reg 7.1 of Annex III of MARPOL)
(1)  A crew member of a ship is guilty of an offence if the crew member’s act causes any harmful substance in packaged form to be jettisoned from the ship into State waters.
Maximum penalty: $55,000.
(2)  A person involved in the operation or maintenance of a ship is guilty of an offence if the person’s act causes any harmful substance in packaged form to be jettisoned from the ship into State waters.
Maximum penalty:
(a)  in the case of an individual—$55,000, or
(b)  in the case of a corporation—$275,000.
(3)  In proceedings for an offence against this section in relation to a ship:
(a)  it is sufficient for the prosecution to allege and prove that:
(i)  a jettisoning of a harmful substance in packaged form occurred from a ship into State waters, and
(ii)  the crew member or person involved in the operation or maintenance of the ship committed an act that caused the jettisoning, but
(b)  it is a defence if it is proved that, by virtue of Division 3, this section does not apply in relation to the jettisoning.