Certain incidents involving certain substances on ship to be reported
22 Certain incidents involving certain substances on ship to be reported
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.
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.
Where a prescribed incident occurs in State waters in relation to a ship and —
the master of the ship is unable to comply with subsection (1) in relation to the incident; or
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 —
if the offender is a natural person — $5 000; or
if the offender is a body corporate — $25 000.
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 —
that the person was not aware of the incident; or
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.
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).
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.
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.
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.
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 20(1).
In this section —
liquid substance does not include a substance listed in Appendix III to Annex II;
prescribed incident, in relation to a ship, means —
a discharge from the ship of a liquid substance, or a mixture containing a liquid substance, carried as cargo or part cargo in bulk, not being a discharge to which section 20(4), (5), (6), (7), (8), (9), (10), (11) or (12) applies; or
an incident involving the probability of a discharge from the ship of a liquid substance, or a mixture containing a liquid substance, carried as cargo or part cargo in bulk, not being a discharge to which section 20(4), (5), (6), (7), (8), (9), (10), (11) or (12) would apply.
23. Cargo record book, duty of ships to carry etc.
This section applies to a trading ship in State waters that carries liquid substances in bulk.
A cargo record book shall be carried in every ship to which this section applies.
A cargo record book shall be in accordance with the prescribed form with provision made for a signature, in accordance with subsection (7), in relation to each entry made in it and for a signature, in accordance with subsection (8), on each page of it.
Where a ship to which this section applies does not carry a cargo record book as required by this section, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding —
if the offender is a natural person — $5 000; or
if the offender is a body corporate — $25 000.
Whenever a prescribed operation or occurrence is carried out or occurs in, or in relation to, a ship to which this section applies, the master of the ship shall make, without delay, appropriate entries in, or cause appropriate entries to be made without delay in, the ship’s cargo record book, being entries in accordance with subsection (7).
Penalty: $5 000.
Where an inspector has inspected a ship to which this section applies, he shall make, without delay, appropriate entries in the ship’s cargo record book in accordance with subsection (7).
An entry in a ship’s cargo record book —
shall be made in the English language; and
in the case of an entry made in relation to a prescribed operation, shall be signed by the officer or other person in charge of the operation.
Where a page of a ship’s cargo record book is completed, the master of the ship shall, without delay, sign the page.
Penalty: $5 000.
[Section 23 amended: No. 24 of 2023 s. 113.]
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