12/Oct/2001 - Current (at 31 Dec 2005)
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    11. Duty to report certain incidents involving oil or an oily mixture

    (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.



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.