Commonwealth Consolidated Acts Commonwealth Consolidated Acts26AA Notification of proposal to carry certain harmful substances
Where a person who proposes to export or import a prescribed harmful substance proposes to do so by having that substance carried as cargo in a ship in packaged form or in a freight container, portable tank or road and rail tank wagon, that person or the master of the ship shall, within a prescribed time, notify, in the prescribed manner, a prescribed officer of the proposal and, if a prescribed officer is not so notified of the proposal and the substance is carried as proposed, that person and the master are each guilty of an offence punishable, upon conviction, by a fine not exceeding ;
(a) if the offender is a natural person -- $5,000; or
(b) if the offender is a body corporate -- $25,000.
26AB Prohibition of discharge by jettisoning of harmful substances into the sea
(1) Subject to subsection s (2), (3), (4), (5) and (6), if any discharge by jettisoning of a harmful substance, being a substance carried as cargo in packaged form or in a freight container, portable tank or road and rail tank wagon, occurs from a ship into the sea, 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 -- $50,000; or
(b) if the offende r is a body corporate -- $250,000.
(2) Subsection (1) does not apply in re lation to the sea near a State.
(3) Subsection (1) does not apply in relation to the sea near the Jervis Bay Territory or an external Territory to the extent that a law of the Territory makes provision giving effect to Regulation 7 of Annex III to the Conv ention in relation to that sea.
(4) Subsection (1) does not apply to the discharge of a harmful substance from a foreign ship unless the discharge occurs in the sea near the Jervis Bay Terr itory or an external Territory.
(5) Subsection (1) does not apply to the discharge of a harmful substance from a ship for the purpose of securing the safety of the ship or saving life at sea.
(6) Where a harmful substance referred to in subsection (1) is discharged from a ship into the sea because of a leakage of the substance, the substance shall, for the purposes of this section, be taken to have been discharged by jettisoning, but subsection (1) does not apply to the discharge if ;
(a) the substance was washed overboard from the ship in accordance with regulations or orders m ade pursuant to regulations; or
(b) the substance was washed overboard from the ship otherwise than in accordance with such regulations or orders in circumstances where compliance with such regulations or orders would have impaired the safety of the ship or of persons on board the ship.
(7) In proceedings for an offence against subsection (1) in relation to a ship it is sufficient for the prosecution to allege and prove that a discharge of a harmful substance referred to in subsection (1) occurred from the ship into the sea, but it is a defence if it is proved that, by virtue of subsection (2), (3), (4), (5) or (6), subsection (1) does not apply in relation to the discharge.