Commonwealth Consolidated Acts

NAVIGATION ACT 1912 - SECT 267Y

             (1)  Subject to subsection (2), where the Authority is of the opinion that a foreign ship is not constructed in accordance with the provisions of Annex II (whether or not the ship is required by Annex II to be so constructed), the Authority may, by notice in writing addressed to the master or the owner of the ship and served in accordance with the regulations, direct:

                     (a)  that the ship shall not enter any port, or a specified port or specified ports, in Australia;

                     (b)  that the ship shall not use any off-shore terminal, or a specified off-shore terminal or specified off-shore terminals, in Australia;

                     (c)  that the ship comply with specified requirements while it is entering, is in or is leaving any port, or a specified port or specified ports, in Australia; or

                     (d)  that the ship comply with specified requirements while it is approaching, is using or is leaving any off-shore terminal, or a specified off-shore terminal or specified off-shore terminals, in Australia.

             (2)  The Authority shall not exercise its powers under subsection (1) except to the extent that it appears to it necessary or expedient to do so for the protection of the environment.

             (3)  Nothing in this section shall be taken to prevent the issuing of more than one direction under subsection (1) in relation to a ship.

             (4)  If:

                     (a)  the master or owner of a ship is served with a notice under subsection (1); and

                     (b)  the master or owner does not comply with any direction contained in that notice;

the master and the owner each commit an offence punishable on conviction by a fine not exceeding 100 penalty units.

          (4A)  An offence under subsection (4) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (5)  If:

                     (a)  the master or owner of a ship is served with a notice under subsection (1); and

                     (b)  the master or owner does not comply with any direction contained in that notice; and

                     (c)  the master or owner is reckless as to whether there is a failure to comply with that direction;

the master and the owner each commit an offence punishable on conviction by a fine not exceeding 500 penalty units.

             (6)  In proceedings for an offence against subsection (4) or (5) in relation to a failure to comply with a direction under subsection (1), it is a defence if it is proved:

                     (a)  that the failure to comply with the direction resulted from the need to save life at sea or was due to an emergency involving a threat to a person's life; or

                     (b)  that compliance with the direction was not possible.