Commonwealth: Protection of the Sea Legislation Amendment Act 1986 (Cth)

Protection of the Sea Legislation Amendment Act 1986 Act No. 167 of 1986 as amended This compilation was prepared on 8 December 2010 taking into account amendments up to Act No. 8 of 2007 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney‑General's Department, Canberra Contents Part I—Preliminary 1 Short title [see Note 1] 2 Commencement [see Note 1]....................... Part II—Amendments (Marpol Convention) of the Navigation Act 1912 3 Principal Act 4 Powers of owner or master as to dangerous goods 5 Application of Division 6 Alteration, &c., of construction of ships and cancellation of certificates 7 Directions in relation to foreign ships 8 Application of Division 9 Alteration, &c., of construction of ships and cancellation of certificates 10 Directions in relation to foreign ships 11 After Division 12A of Part IV of the Principal Act the following Divisions are inserted: Division 12B—Ships Carrying Packaged Harmful Substances 267ZA Interpretation 267ZB Application of Division 267ZC Regulations to give effect to Regulations 1 to 6 (inclusive) of Annex III Division 12C—Sewage 267ZD Interpretation 267ZE Application of Division 267ZF Regulations to give effect to Regulations 3 and 11 of Annex IV 267ZG International Sewage Pollution Prevention Certificates (1973) for Australian ships 267ZH International Sewage Pollution Prevention Certificates (1973) for foreign ships 267ZJ Alteration, &c., of construction of ships and cancellation of certificates 267ZK Ships to be surveyed periodically 267ZL Cancellation of Certificate if ship ceases to be an Australian ship 267ZM Certificates required for Australian ships 267ZN Certificates to be carried on board Australian ships 267ZP Production of certificates 267ZQ Directions in relation to foreign ships 267ZR Offences against subsections 267ZM(1) and (2) and 267ZQ(4) to be indictable 12 Prosecution of Offences 13 After section 395 of the Principal Act the following section is inserted: 395A Proceedings against Corporations 15 Penalties Part III—Amendments (Marpol Convention) of The Protection Of the Sea (Prevention of Pollution From Ships) Act 1983 16 Principal Act 17 Interpretation 18 Prohibition of discharge of oil or oily mixtures into sea 19 Oil residues 20 Duty to report certain incidents involving oil or oily mixture 21 Prohibition of discharge of substances into the sea 22 After section 21 of the Principal Act the following section is inserted: 21A Certain Liquid substances to be treated as oil 23 Duty to report certain incidents involving certain substances 24 Cargo record book to be retained 25 After Part III of the Principal Act the following Part is inserted: Part IIIA—Prevention of Pollution by Packaged Harmful Substances 26A Interpretation 26B Duty to report certain incidents involving harmful substances 26 After section 26A of the Principal Act the following sections are inserted in Part IIIA: 26AA Notification of proposal to carry certain harmful substances 26AB Prohibition of discharge by jettisoning of harmful substances into the sea 27 Duty to report certain incidents involving harmful substances 28 After Part IIIA of the Principal Act the following Parts are inserted: Part IIIB—Prevention of pollution by Sewage 26C Interpretation 26D Prohibition of discharge of sewage into the sea Part IIIC—Prevention of Pollution by Garbage 26E Interpretation 26F Prohibition of disposal of garbage into the sea 29 Prosecution of offences against Act 30 Application of certain provisions to foreign ships 31 Regulations 32 Orders 33 Penalties 34 Schedules Part IV—Amendments of the Protection of the Sea (Civil Liability) Act 1981 35 Principal Act 36 Interpretation 37 Certain provisions of Convention to have the force of law 38 Claims for compensation 39 Prosecution of offences against subsections 15(1), (2) and (3) and 22(3) 40 Schedule Part V—Amendments of the Protection of the Sea (Shipping Levy Collection) Act 1981 41 Principal Act 42 Interpretation Schedule 1—Amendments of Division 12 of Part IV of the Navigation Act 1912 Relating to Penalties Schedule 2—Amendments of Division 12A of Part IV of the Navigation Act 1912 relating to Penalties Schedule 3—Amendments of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 Relating to Penalties Schedule 4—Amendments of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 Relating to Penalties Schedule 5—Annex added to Schedule 1 to the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 Schedule 6—Schedules added to the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 Schedule 7—Annexes added to Schedule 1 to the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 Schedule 8—Schedule substituted for Schedule 2 to the Protection of the Sea (Civil Liability) Act 1981 Notes An Act to amend the Navigation Act 1912, the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 and certain other Acts in relation to the protection of the sea from pollution Part I—Preliminary 1 Short title [see Note 1] This Act may be cited as the Protection of the Sea Legislation Amendment Act 1986. 2 Commencement [see Note 1] (1) Sections 1, 2, 3, 13, 16, 30, 31 and 32 and Part V shall come into operation on the day on which this Act receives the Royal Assent. (2) Sections 5, 6 and 7, subsections 12(1), 15(1) and 17(1), sections 18 and 19 and subsections 20(1), 29(1) and 33(1) shall come into operation on the day on which Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 comes into operation. (3) Sections 8, 9 and 10, subsections 12(2), 15(2), 17(2) and 20(2), sections 21, 22, 23, 24 and 25 and subsections 29(2), 33(2) and 34(1) and (2) shall come into operation on the day on which Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 comes into operation. (4) The remaining provisions of this Act shall come into operation on such respective days as are fixed by Proclamation. (5) The day fixed under subsection (4) for the coming into operation of a provision of Part IV, shall not be a day earlier than the day on which the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 comes into force for Australia. Part II—Amendments (Marpol Convention) of the Navigation Act 1912 3 Principal Act The Navigation Act 1912 is in this Part referred to as the Principal Act. 4 Powers of owner or master as to dangerous goods Section 250 of the Principal Act is amended; (a) by adding at the end of paragraph (a) "and"; (b) by omitting from paragraph (b) "; and"; and (c) by omitting paragraph (c). 5 Application of Division Section 267 of the Principal Act is amended; (a) by omitting from subsection (2) "the Northern Territory" and substituting "a Territory"; and (b) by omitting from subsection (3) "in pursuance of" and substituting "pursuant to". 6 Alteration, &c., of construction of ships and cancellation of certificates Section 267D of the Principal Act is amended by omitting subsections (3) and (4). 7 Directions in relation to foreign ships Section 267K of the Principal Act is amended; (a) by omitting from subsection (4) "or not complied with"; (b) by omitting from subsection (5) ", or failure to comply with," ; and (c) by omitting from paragraph (5)(a) ", or non‑compliance with,". 8 Application of Division Section 267N of the Principal Act is amended; (a) by omitting from subsection (2) "the Northern Territory" and substituting "a Territory"; and (b) by omitting from subsection (3) "in pursuance of" and substituting "pursuant to". 9 Alteration, &c., of construction of ships and cancellation of certificates Section 267S of the Principal Act is amended; (a) by inserting after subsection (1) the following subsection: "(1A) Without limiting the generality of subsection (1), an Australian ship in respect of which a chemical tanker construction certificate is in force shall, for the purposes of that subsection, be taken to be damaged if the ship becomes unfit to proceed to sea without presenting an unreasonable threat of harm to the marine environment."; and (b) by omitting subsections (3) and (4). 10 Directions in relation to foreign ships Section 267Y of the Principal Act is amended; (a) by omitting from subsection (4) "or not complied with"; (b) by omitting from subsection (5) ", or failure to comply with,"; and (c) by omitting from paragraph (5)(a) ", or non‑compliance with,". 11 After Division 12A of Part IV of the Principal Act the following Divisions are inserted: Division 12B—Ships Carrying Packaged Harmful Substances 267ZA Interpretation (1) In this Division, unless the contrary intention appears; Annex III means Annex III to the Prevention of Pollution from Ships Convention; Australian ship means; (a) a ship registered in Australia; or (b) an unregistered ship having Australian nationality; foreign ship means a ship that is not an Australian ship. (2) Except in so far as the contrary intention appears, an expression that is used in this Division and in the Prevention of Pollution from Ships Convention, including Annex III but not including any other Annex to that Convention, (whether or not a particular meaning is assigned to it by that Convention) has, in this Division, the same meaning as in that Convention. (3) For the purposes of this Division, a ship shall not be taken to comply with the provisions of Annex III if it does not comply with the regulations and orders referred to in section 267ZC. 267ZB Application of Division (1) Section 2 does not have effect in relation to the provisions of this Division. (2) The provisions of this Division do not apply in relation to a ship referred to in subsection 2(1) to the extent that a law of a State or Territory makes provision giving effect to Regulations 1 to 6 (inclusive) of Annex III in relation to that ship. (3) A reference in this section to the provisions of this Division shall be read as including a reference to the provisions of any regulations made for the purposes of subsection 267ZC(1) and of any orders made pursuant to any such regulations. 267ZC Regulations to give effect to Regulations 1 to 6 (inclusive) of Annex III (1) The regulations may make provision for and in relation to giving effect to Regulations 1 to 6 (inclusive) of Annex III. (2) Without limiting the generality of subsection (1), regulations made for the purposes of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section. (3) Section 426 applies to orders made pursuant to regulations made by virtue of subsection (1) of this section. Division 12C—Sewage 267ZD Interpretation (1) In this Division, unless the contrary intention appears; Annex IV means Annex IV to the Prevention of Pollution from Ships Convention; Australian ship means; (a) a ship registered in Australia; or (b) an unregistered ship having Australian nationality; foreign ship means a ship that is not an Australian ship; sewage certificate means an International Sewage Pollution Prevention Certificate (1973) issued under section 267ZG or 267ZH. (2) Except in so far as the contrary intention appears, an expression that is used in this Division and in the Prevention of Pollution from Ships Convention, including Annex IV but not including any other Annex to that Convention, (whether or not a particular meaning is assigned to it by that Convention) has, in this Division, the same meaning as in that Convention. (3) For the purposes of this Division, a ship shall not be taken to comply with the provisions of Annex IV if it does not comply with the regulations and orders referred to in section 267ZF. 267ZE Application of Division (1) Section 2 does not have effect in relation to the provisions of this Division. (2) Subject to subsection (3), the provisions of this Division apply to a ship included in a prescribed class of ships. (3) The provisions of this Division do not apply to a ship referred to in subsection 2(1) to the extent that a law of a State or of a Territory makes provision giving effect to Regulations 3, 4, 6, 7 and 11 of Annex IV in relation to that ship. (4) A reference in this section to the provisions in this Division shall be read as including a reference to the provisions of any regulations made for the purposes of subsection 267ZF and of any orders made pursuant to any such regulations. 267ZF Regulations to give effect to Regulations 3 and 11 of Annex IV (1) The regulations may make provision for and in relation to giving effect to Regulations 3 and 11 of Annex IV. (2) Without limiting the generality of subsection (1), regulations made for the purposes of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section. (3) Section 426 applies to orders made pursuant to regulations made by virtue of subsection (1) of this section. 267ZG International Sewage Pollution Prevention Certificates (1973) for Australian ships (1) Where, on receipt of declarations of survey in respect of an Australian ship, the Minister is satisfied that the ship is constructed in accordance with the provisions of Annex IV, the Minister may, whether or not the ship is required by Annex IV to be constructed in accordance with those provisions, issue in respect of the ship an International Sewage Pollution Prevention Certificate (1973) in the prescribed form attesting such compliance. (2) Where an Australian ship in respect of which a sewage certificate has been issued is not in a port, or at an off‑shore terminal, in Australia at the time when the certificate expires, the Minister may, if he or she considers it appropriate and reasonable to extend the certificate for the purpose of allowing the ship to complete its voyage to the place where it is to be surveyed again for the purpose of subsection (1), extend the certificate for a period not exceeding 5 months but, when the ship reaches that place, the certificate shall, for the purposes of section 267ZM, be taken to have ceased to be in force. 267ZH International Sewage Pollution Prevention Certificates (1973) for foreign ships Where; (a) at the request of the Government of the State under whose authority a foreign ship is operating (not being a ship which is entitled to fly the flag of a State which is not a Party to the Prevention of Pollution from Ships Convention), the Minister has caused that ship to be surveyed; and (b) the Minister, on receipt of declarations of survey in respect of that ship, is satisfied that the ship is constructed in accordance with the provisions of Annex IV, the Minister may, whether or not the ship is required by Annex IV to be constructed in accordance with those provisions, issue in respect of the ship an International Sewage Pollution Prevention Certificate (1973) in the prescribed form attesting such compliance. 267ZJ Alteration, &c., of construction of ships and cancellation of certificates (1) Where the construction of an Australian ship in respect of which a sewage certificate is in force is altered, or such a ship is damaged, in a manner which affects its compliance with the provisions of Annex IV, the master or owner of the ship shall, within 7 days after the construction of the ship is altered or the ship is damaged, as the case may be, give a notice in writing of the alteration or damage to such person, and in such form, as are prescribed and, if the notice is not so given, 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—$1,000; or (b) if the offender is a body corporate—$5,000. (2) Where a notice required to be given under subsection (1) is not given within the period referred to in that subsection, the following provisions of this subsection have effect: (a) the obligation to give the notice continues, notwithstanding that that period has expired, until the notice is given; (b) the master and the owner of the ship are each guilty of a separate and further offence in respect of each day during which the notice is not given, being a day after the expiration of that period; (c) the penalty applicable to each such separate and further offence is a fine not exceeding; (i) if the offender is a natural person—$1,000; or (ii) if the offender is a body corporate—$5,000. (3) Where the Minister has reason to believe that; (a) the report of a surveyor in respect of an Australian ship in respect of which a sewage certificate is in force was fraudulently or erroneously made or obtained; (b) a sewage certificate has been issued in respect of an Australian ship upon false or erroneous information; (c) the construction of an Australian ship in respect of which a sewage certificate is in force has been altered, or such a ship has been damaged, in a manner which affects its compliance with the provisions of Annex IV; or (d) the owner of an Australian ship in respect of which a sewage certificate is in force has failed to comply with subsection 267ZK(1) in respect of the ship, the Minister may, by instrument in writing under the Minister's hand, cancel the certificate. (4) Where the Minister cancels a sewage certificate issued in respect of an Australian ship, the certificate is of no force or effect after the Minister has given notice in writing of the cancellation addressed to the owner, agent or master of the ship and served in accordance with the regulations. (5) Where a sewage certificate issued in respect of an Australian ship is cancelled under this section, the Minister may, by notice in writing addressed to the owner, agent or master of the ship and served in accordance with the regulations, require the certificate to be delivered up to the Minister or to such other person as the Minister specifies, and the Minister may detain the ship until the requirement is complied with. 267ZK Ships to be surveyed periodically (1) The owner of an Australian ship in respect of which a sewage certificate is in force shall, at least once during each period that is a prescribed period in relation to the ship for the purposes of this section, cause the ship to be surveyed for the purpose of ensuring its compliance with the provisions of Annex IV. (2) Where the owner of an Australian ship in respect of which a sewage certificate is in force fails to comply with subsection (1) in relation to the ship and to a period that is a prescribed period in relation to the ship, the owner is guilty of an offence punishable upon conviction by a fine not exceeding; (a) if the owner is a natural person:—$2,000; or (b) if the owner is a body corporate:—$10,000. 267ZL Cancellation of Certificate if ship ceases to be an Australian ship (1) Subject to subsection (2), a sewage certificate issued in respect of an Australian ship ceases to have effect if the ship in respect of which it was issued ceases to be an Australian ship. (2) If an Australian ship becomes entitled to fly the flag of another State which is a Party to the Prevention of Pollution from Ships Convention, a sewage certificate issued in respect of the ship shall continue to have effect until; (a) the expiration of a period of 5 months after the ship became so entitled; (b) the certificate would, but for this section, have ceased to have effect; or (c) another International Sewage Pollution Prevention Certificate (1973) is issued in respect of the ship, whichever occurs first. 267ZM Certificates required for Australian ships (1) The master of an Australian ship to which this Division applies shall not take that ship to sea unless a sewage certificate is in force in respect of that ship. (2) The owner of an Australian ship to which this Division applies shall not permit that ship to be taken to sea unless a sewage certificate is in force in respect of that ship. Penalty; (a) if the offender is a natural person:—$10,000, or imprisonment for 4 years, or both; or (b) if the offender is a body corporate:—$50,000. (3) The regulations may exempt ships included in a prescribed class of ships from the application of subsections (1) and (2), either absolutely or subject to conditions. 267ZN Certificates to be carried on board Australian ships The owner of an Australian ship in respect of which a sewage certificate is in force shall cause the certificate to be carried on board the ship. Penalty: $1,000. 267ZP Production of certificates Where; (a) application is made to an officer of Customs in respect of an Australian ship for a clearance under the Customs Act for a voyage from a port in Australia; and (b) the master of the ship would contravene subsection 267ZM (1) if the master took the ship to sea without there being in force in respect of the ship a sewage certificate, the master of the ship shall, if so required by the officer of Customs, produce to the officer of Customs the sewage certificate in force in respect of the ship, and the officer of Customs may refuse to grant the clearance, and the ship may be detained, until the certificate is produced to the officer. 267ZQ Directions in relation to foreign ships (1) Subject to subsection (2), where the Minister is of the opinion that a foreign ship is not constructed in accordance with the provisions of Annex IV (whether or not the ship is required by Annex IV to be so constructed), the Minister 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 Minister shall not exercise his or her powers under subsection (1) except to the extent that it appears to the Minister 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 direction under subsection (1) is contravened in relation to a ship, 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:—$10,000; or (b) if the offender is a body corporate:—$50,000. (5) In proceedings for an offence against subsection (4) by reason of a contravention of a direction under subsection (1), it is a defence if it is proved; (a) that the contravention of 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. 267ZR Offences against subsections 267ZM(1) and (2) and 267ZQ(4) to be indictable An offence against subsection 267ZM(1) or (2) or 267ZQ(4) is an indictable offence.". 12 Prosecution of Offences (1) Section 394 of the Principal Act is amended; (a) by omitting from paragraph (4)(d) "267G(3), 267K(4), 267V(1), 267Y(4) or"; (b) by omitting from paragraph (4)(ca) "or"; and (c) by adding at the end of subsection (4) the following paragraph: "(e) in the case of an offence against subsection 267G(3) or 267K(4); (i) if the offender is a natural person‑a fine not exceeding $2,000; or (ii) if the offender is a body corporate‑a fine not exceeding $10,000.". (2) Section 394 of the Principal Act is amended by omitting from paragraph (4)(e) "or 267K(4)" and substituting ", 267K(4), 267V(1) or 267Y(4)". 13 After section 395 of the Principal Act the following section is inserted: 395A Proceedings against Corporations (1) Where, in proceedings for an offence against this Act in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind. (2) Any conduct engaged in on behalf of a corporation; (a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent, shall be deemed, for the purposes of a provision of this Act that creates an offence, to have been engaged in by the corporation. (3) A reference in subsection (1) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.". 15 Penalties (1) The Principal Act is amended as set out in Schedule 1. (2) The Principal Act is amended as set out in Schedule 2. Part III—Amendments (Marpol Convention) of The Protection Of the Sea (Prevention of Pollution From Ships) Act 1983 16 Principal Act The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 is in this Part referred to as the Principal Act. 17 Interpretation (1) Section 3 of the Principal Act is amended; (a) by omitting ", apart from Annexes III, IV and V to it," from the definition of "the 1978 Protocol" in subsection (1); (b) by inserting after subsection (1A) the following subsection: "(1AA) A reference in this Act to the sea near the Jervis Bay Territory shall be read as a reference to the sea in that Territory."; and (c) by inserting after subsection (1B) the following subsection: "(1BA) For the purposes of this Act, the laws of the Jervis Bay Territory shall be taken to include laws, other than this Act, in force in that Territory.". (2) Section 3 of the Principal Act is amended; (a) by omitting "III", from the definition of "the 1973 Convention" in subsection (1); (b) by omitting "and" from paragraph (a) of the definition of "the 1978 Protocol" in subsection (1); and (c) by inserting after paragraph (a) of the definition of "the 1978 Protocol" in subsection (1) the following paragraph: "(aa) the amendments to the Protocol adopted on 5 December 1985 (a copy of the English text of which relating to the Annex of the Protocol is set out in Schedule 4 and a copy of the English text of which relating to Protocol I to the Convention is set out in Schedule 5); and". (3) Section 3 of the Principal Act is amended by omitting ", apart from Annexes IV and V," from the definition of "the 1973 Convention" in subsection (1). 18 Prohibition of discharge of oil or oily mixtures into sea Section 9 of the Principal Act is amended; (a) by inserting in subsection (1A) ", the Jervis Bay Territory" after "State" (first occurring); and (b) by inserting in subsection (1B) ", the Jervis Bay Territory" after "State". 19 Oil residues Section 10 of the Principal Act is amended by omitting "an external Territory" and substituting "a Territory". 20 Duty to report certain incidents involving oil or oily mixture (1) Section 11 of the Principal Act is amended; (a) by inserting in subsection (1A) ", the Jervis Bay Territory" after "State" (first occurring); and (b) by inserting in subsection (1B) ", the Jervis Bay Territory" after "State". (2) Section 11 of the Principal Act is amended; (a) by omitting from subsection (1) "manner, a prescribed officer of the incident" and substituting: "manner: (a) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred‑a prescribed officer; or (b) where a foreign country is the nearest coastal State to that place; the government of that foreign country, of the incident."; (b) by omitting from subsection (3) "manner, a prescribed officer of the incident and, if a prescribed officer" and substituting: "manner; (c) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred‑a prescribed officer; or (d) where a foreign country is the nearest coastal State to that place; the government of that foreign country, of the incident, and, if a prescribed officer or a government, as the case may be,"; (c) by inserting in subsection (6) "or a government" after "officer" (first occurring); (d) by inserting in subsection (6) "or that government, as the case may be" after "officer" (second occurring); (e) by inserting in subsection (6) "or that government, as the case may be," after "officer" (last occurring); (f) by inserting in subsection (7) "or a government" after "officer" (first occurring); (g) by inserting in subsection (7) "or that government, as the case may be" after "officer" (second occurring); (h) by inserting in subsection (7) "or that government, as the case may be," after "officer" (last occurring); (j) by inserting in subsection (8) "or a government" after "officer" (wherever occurring); and (k) by inserting in subsection (9) "or a government" after "officer" (wherever occurring). 21 Prohibition of discharge of substances into the sea Section 21 of the Principal Act is amended; (a) by inserting in subsection (1A) ", the Jervis Bay Territory" after "State" (first occurring); (b) by inserting in subsection (1B) ", the Jervis Bay Territory" after "State"; (c) by omitting from paragraph (4) (c) "of not less than 5% of the total volume of the tank"; (d) by omitting from subsection (4) "residue diluted by that water" and substituting "water containing that residue"; (e) by omitting from paragraph (5) (c) "of not less than 5% of the total volume of the tank"; (f) by omitting from subsection (5) "residue diluted by that water" and substituting "water containing that residue"; (g) by omitting from paragraph (7) (a) all the words after "has been" and substituting "pre‑washed in accordance with a procedure approved by a prescribed officer; and"; and (h) by omitting paragraph (7) (b) and substituting the following paragraph; "(b) the resulting tank washings have been discharged to a reception facility,". 22 After section 21 of the Principal Act the following section is inserted: 21A Certain Liquid substances to be treated as oil (1) Notwithstanding any other provision of this Act, a prescribed substance in Category C or D, being a substance that has been identified by the Organization as an oil‑like substance under criteria developed by the Organization, may be carried on an oil tanker within the meaning of Part II if the following conditions are satisfied: (a) the oil tanker complies with the provisions of Annex I of the Convention as applicable to product carriers within the meaning of that Annex; (b) the oil tanker carries an International Oil Pollution Prevention Certificate and its Supplement B, being a certificate that has an endorsement; (i) that indicates that the ship is permitted to carry oil‑like substances in conformity with Regulation 14 of Annex II of the Convention; and (ii) that specifies the oil‑like substance or substances that the tanker is permitted to carry; (c) the prescribed substance is the substance, or a substance, referred to in subparagraph (b)(ii); (d) in the case of a substance in Category C‑the tanker complies with the ship type 3 damage stability requirements of; (i) in the case of a tanker constructed on or after 1 July 1986; the International Bulk Chemical Code; or (ii) in the case of a tanker constructed before 1 July 1986‑the Bulk Chemical Code applicable under Regulation 13 of Annex II of the Convention; and (e) the oil content meter in the oil discharge monitoring and control system of the tanker has been approved by an inspector for use in monitoring the oil‑like substances to be carried. (2) Where, by virtue of subsection (1), a substance is carried on an oil tanker within the meaning of Part II; (a) section 9 applies in relation to the discharge of the substance as if the substance were oil within the meaning of Part II; and (b) section 21 does not apply in relation to the discharge of the substance.". 23 Duty to report certain incidents involving certain substances Section 22 of the Principal Act is amended; (a) by inserting in subsection (1A) ", the Jervis Bay Territory" after "State" (first occurring); (b) by inserting in subsection (1B) ", the Jervis Bay Territory" after "State"; (c) by omitting from subsection (1) "manner, a prescribed officer of the incident" and substituting: "manner; (a) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred; a prescribed officer; or (b) where a foreign country is the nearest coastal State to that place‑the government of that foreign country, of the incident."; (d) by omitting from subsection (3) "manner, a prescribed officer of the incident and, if a prescribed officer" and substituting: "manner (c) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred‑a prescribed officer; or (d) where a foreign country is the nearest coastal State to that place; the government of that foreign country, of the incident, and, if a prescribed officer or a government, as the case may be,"; (e) by inserting in subsection (6) "or a government" after "officer" (first occurring); (f) by inserting in subsection (6) "or that government, as the case may be" after "officer" (second occurring); (g) by inserting in subsection (6) "or that government, as the case may be," after "officer" (last occurring); (h) by inserting in subsection (7) "or a government" after "officer" (first occurring); (j) by inserting in subsection (7) "or that government, as the case may be" after "officer" (second occurring); (k) by inserting in subsection (7) "or that government, as the case may be," after "officer" (last occurring); (m) by inserting in subsection (8) "or a government" after "officer" (wherever occurring); and (n) by inserting in subsection (9) "or a government" after "officer" (wherever occurring). 24 Cargo record book to be retained Section 25 of the Principal Act is amended by omitting from subsection (3) "one year" and substituting "2 years". 25 After Part III of the Principal Act the following Part is inserted: Part IIIA—Prevention of Pollution by Packaged Harmful Substances 26A Interpretation (1) In this Part, 'harmful substance' means a substance which is identified as a marine pollutant in the International Maritime Dangerous Goods (IMDG) Code. (2) Except in so far as the contrary intention appears, an expression that is used in this Part and in Annex III to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part the same meaning as in that Annex. 26B Duty to report certain incidents involving harmful substances (1) This section does not apply in relation to prescribed incidents that occur in the sea near a State, the Jervis Bay Territory or an external Territory to the extent that a law of that State or Territory makes provision giving effect to Protocol I to the Convention in relation to those prescribed incidents. (2) This section does not apply in relation to a prescribed incident that occurs in relation to a foreign ship unless the incident occurs in the sea near a State, the Jervis Bay Territory or an external Territory. (3) Where a prescribed incident occurs in relation to a ship, the master of the ship shall, without delay, notify, in the prescribed manner; (a) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred; a prescribed officer; or (b) where a foreign country is the nearest coastal State to that place; the government of that foreign country, of the incident. Penalty: $5,000. (4) In a prosecution of a person for an offence against subsection (3) 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. (5) Where a prescribed incident occurs in relation to a ship and; (a) the master of the ship is unable to comply with subsection (3) 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; (c) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred; a prescribed officer; or (d) where a foreign country is the nearest coastal State to that place; the government of that foreign country, of the incident, and, if a prescribed officer or a government, as the case may be, is not so notified, each of those persons is guilty of an offence punishable, upon conviction, by a fine not exceeding; (e) in the case of a person, not being a body corporate—$5,000; or (f) in the case of a person, being a body corporate—$25,000. (6) In a prosecution of a person for an offence against subsection (5) 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 paragraph (5)(a) applies‑that the person neither knew nor suspected that the master of the ship was unable to comply with subsection (3) in relation to the incident. (7) Subsection (6) 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 (5). (8) A master of a ship who, pursuant to subsection (3), has notified a prescribed officer or a government of the occurrence of a prescribed incident shall, if so requested by a prescribed officer or that government, as the case may be, give, within the prescribed time, a report to a prescribed officer or that government, as the case may be, in relation to the incident in accordance with the prescribed form. Penalty: $5,000. (9) Where subsection (5) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that subsection, has notified a prescribed officer or a government of the occurrence of the prescribed incident shall, if so requested by a prescribed officer or that government, as the case may be, give, within the prescribed time, a report to a prescribed officer or that government, as the case may be, in relation to the incident in accordance with the prescribed form. Penalty: $5,000. (10) A person shall not, in a notice given to a prescribed officer or a government pursuant to subsection (3) or (5) or in a report given to a prescribed officer or a government pursuant to subsection (8) or (9), make a statement that is false or misleading in a material particular. Penalty: $5,000. (11) In this section, 'prescribed incident', in relation to a ship means; (a) a discharge from the ship of a harmful substance carried as cargo in a packaged form or in a freight container, portable tank or road and rail tank wagon, not being a discharge occurring because the substance was washed overboard in accordance with the regulations or orders made pursuant to the regulations; or (b) an incident involving the probability of a discharge from the ship of a harmful substance carried as cargo in packaged form or in a freight container, portable tank or road and rail tank wagon, not being a discharge occurring because the substance was washed overboard in accordance with the regulations or orders made pursuant to the regulations. 26 After section 26A of the Principal Act the following sections are inserted in Part IIIA: 26AA 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 subsections (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 offender is a body corporate—$250,000. (2) Subsection (1) does not apply in relation 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 Convention 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 Territory 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 made 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. 27 Duty to report certain incidents involving harmful substances Section 26B of the Principal Act is amended by inserting after subsection (10) the following subsection: "(10A) A notice given to a prescribed officer or a government pursuant to subsection (3) or (5), and a report given to a prescribed officer or a government pursuant to subsection (8) or (9), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against subsection 26AB(1).". 28 After Part IIIA of the Principal Act the following Parts are inserted: Part IIIB—Prevention of Pollution by Sewage 26C Interpretation Except in so far as the contrary intention appears, an expression that is used in this Part and in Annex IV to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex. 26D Prohibition of discharge of sewage into the sea (1) Subject to subsections (2) to (9) (inclusive), if any discharge of sewage 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 offender is a body corporate—$250,000. (2) Subsection (1) does not apply in relation 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 paragraphs (1)(a) and (b) of Regulation 8 and to Regulation 9 of Annex IV to the Convention in relation to that sea. (4) Subsection (1) does not apply to the discharge of sewage from a foreign ship unless the discharge occurs in the sea near the Jervis Bay Territory or an external Territory. (5) Subsection (1) does not apply to the discharge of sewage from a ship; (a) for the purpose of securing the safety of a ship and persons on board the ship or of saving life at sea; or (b) in a case where the sewage escaped from the ship in consequence of damage to the ship or its equipment and all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the sewage. (6) Without limiting the generality of subsection (5) but subject to subsection (9), subsection (1) does not apply to the discharge of sewage from a ship if the following conditions are satisfied: (a) where the sewage has been comminuted and disinfected using a system approved in accordance with the regulations, or orders made pursuant to the regulations, giving effect to Regulation 3 of Annex IV to the Convention—the discharge is made when the ship is at a distance of not less than 4 nautical miles from the nearest land; (b) where the sewage is not sewage referred to in paragraph (a)—the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land; (c) where the sewage has been stored in holding tanks—the sewage is not discharged instantaneously but is discharged at a prescribed rate when the ship is proceeding en route at a speed of not less than 4 knots. (7) Without limiting the generality of subsection (5) but subject to subsection (9), subsection (1) does not apply to the discharge of sewage from a ship if the following conditions are satisfied: (a) the sewage has been treated in a sewage treatment plant on the ship, being a plant; (i) that an inspector has certified meets the requirements of the regulations giving effect to Regulation 3 of Annex IV to the Convention; and (ii) the test results of which are laid down in the ship's sewage certificate within the meaning of Division 12C of Part IV of the Navigation Act 1912; and (b) the effluent does not produce visible floating solids in the waters of the sea and does not cause discolouration of the waters of the sea. (8) Without limiting the generality of subsection (5) but subject to subsection (9), subsection (1) does not apply to the discharge of sewage if the discharge is made into the territorial waters of a foreign country in accordance with the law of that country. (9) Without limiting the generality of subsection (5), where; (a) sewage consists in whole or in part of, or is mixed with, wastes, or waste water, the discharge of which from a ship into the sea is prohibited under another Part unless certain conditions are complied with; and (b) the conditions referred to in paragraph (a) are more stringent than the conditions referred to in subsections (6), (7) and (8), subsection (1); (c) applies to the discharge of the sewage from a ship notwithstanding that the conditions referred to in subsection (6), (7) or (8) are complied with; but (d) does not apply to the discharge of the sewage from a ship if those more stringent requirements are complied with. (10) 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 sewage 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), (6), (7), (8) or (9), subsection (1) does not apply in relation to the discharge. Part IIIC—Prevention of Pollution by Garbage 26E Interpretation Except in so far as the contrary intention appears, an expression that is used in this Part and in Annex V to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex. 26F Prohibition of disposal of garbage into the sea (1) Subject to subsections (2) to (11) (inclusive), if any disposal of garbage from a ship into the sea occurs, 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 offender is a body corporate—$250,000. (2) Subsection (1) does not apply in relation 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 Regulations 3, 5 and 6 of Annex V to the Convention in relation to that sea. (4) Subsection (1) does not apply to the disposal of garbage from a foreign ship unless the disposal occurs in the sea near the Jervis Bay Territory or an external Territory. (5) Subsection (1) does not apply to the disposal of garbage from a ship for the purpose of securing the safety of the ship and the persons on board the ship or of saving life at sea. (6) Without limiting the generality of subsection (5) but subject to subsection (11), subsection (1) does not apply to the disposal of garbage (being dunnage, lining or packing materials which will float and are not plastics) from a ship into the sea if the following conditions are satisfied: (a) the disposal takes place when the ship is not within a special area; (b) the disposal takes place when the ship is as far as practicable from, and is at a distance of not less than 25 nautical miles from, the nearest land. (7) Without limiting the generality of subsection (5) but subject to subsection (11), subsection (1) does not apply to the disposal of garbage(not being plastics, garbage referred to in subsection (6) or food wastes) from a ship into the sea if the following conditions are satisfied: (a) the disposal occurs when the ship is not within a special area; (b) the disposal occurs when the ship is as far as practicable from the nearest land; (c) except where paragraph (d) applies—the ship is at a distance of not less than 12 nautical miles from the nearest land; (d) where the garbage is passed through a comminuter or grinder so that it is capable of passing through a screen with no opening greater than 25 millimetres—when the ship is at a distance of not less than 3 nautical miles from the nearest land. (8) Without limiting the generality of subsection (5) but subject to subsection (11), subsection (1) does not apply to the disposal of garbage, being food wastes, from a ship into the sea if; (a) the disposal occurs when the ship is as far as practicable from, and is at a distance of not less than 12 nautical miles from, the nearest land; or (b) the conditions referred to in paragraphs (7)(a), (b) and (d) are satisfied. (9) Where garbage escapes from a ship into the sea because of damage to the ship or its equipment, subsection (1) does not apply to the disposal of the garbage if all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the garbage. (10) Where a synthetic fishing net, or synthetic material used in the repair of such a net, on a ship is accidently lost at sea, subsection (1) does not apply to the disposal of the net or material if all reasonable precautions were taken to prevent the loss. (11) Without limiting the generality of subsection (5), where; (a) garbage is mixed with matter the discharge or disposal of which from a ship into the sea is prohibited under another Part unless certain conditions are complied with; and (b) the conditions referred to in paragraph (a) are more stringent than the conditions referred to in subsections (6) to (10) (inclusive), subsection (1); (c) applies to the disposal of the garbage from a ship notwithstanding that the conditions referred to in subsection (6), (7), (8), (9) or (10) are complied with; but (d) does not apply to the disposal of the garbage from a ship if those more stringent requirements are complied with. (12) In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that garbage was disposed of from the ship into the sea, but it is a defence if it is proved that, by virtue of subsection (5), (6), (7), (8), (9), (10) or (11), subsection (1) does not apply in relation to the disposal. (13) In this section 'plastics' includes synthetic ropes, synthetic fishing nets and plastic garbage bags. 29 Prosecution of offences against Act (1) Section 28 of the Principal Act is amended; (a) by inserting in subsection (3) ", other than an offence against the section referred to in subsection (4)" after "Act"; (b) by omitting from paragraph (3)(b) "$5,000" and substituting "$10,000"; and (c) by adding at the end the following subsections: "(4) Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence against section 9, the penalty that the court may impose is a fine not exceeding: (a) in the case of a person, not being a body corporate—$5,000; or (b) in the case of a person, being a body corporate—$25,000. "(5) Where, in proceedings for an offence against this Act in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind. "(6) Any conduct engaged in on behalf of a corporation; (a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent, shall be deemed, for the purposes of a provision of this Act that creates an offence, to have been engaged in by the corporation. "(7) A reference in subsection (5) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.". (2) Section 28 of the Principal Act is amended; (a) by omitting from subsection (3) "the section" and substituting "a section"; and (b) by inserting in subsection (4) "or 21" after "section 9". (3) Section 28 of the Principal Act is amended by omitting from subsection (4)"or 21" and substituting ", 21, 26AB, 26D or 26F". 30 Application of certain provisions to foreign ships Section 32 of the Principal Act is amended by omitting from subsection (1) "(other than foreign ships to which the Convention applies)" and substituting ", including foreign ships flying the flag of, or under the authority of, a Party to the Convention,". 31 Regulations Section 33 of the Principal Act is amended; (a) by omitting paragraph (1)(c) and substituting the following paragraph: "(c) for and in relation to giving effect to the Convention, other than provisions of the Convention to which effect is given by a provision of this Act;"; (b) by omitting subparagraph (1)(d)(i) and substituting the following subparagraph: "(i) giving effect to the Convention, other than provisions of the Convention to which effect is given by a provision of this Act; and"; and (c) by omitting subsection (2) and substituting the following subsections: "(2) Regulations, and orders made pursuant to the regulations, giving effect to Annex I or II to the Convention do not apply in relation to a ship as defined by subsection (4) to the extent that a law of a State or a Territory makes provision giving effect to the Annex in relation to that ship. "(2A) Regulations, and orders made pursuant to the regulations, giving effect to Annex III, IV or V to the Convention do not apply in relation to a ship as defined in subsection (4) to the extent that a law of the Jervis Bay Territory or an external Territory makes provision giving effect to the Annex in relation to the ship.". 32 Orders Section 34 of the Principal Act is amended by omitting "in pursuance of" (wherever occurring) and substituting "pursuant to". 33 Penalties (1) The Principal Act is amended as set out in Schedule 3. (2) The Principal Act is amended as set out in Schedule 4. 34 Schedules (1) Schedule 1 to the Principal Act is amended by adding at the end the Annex set out in Schedule 5 to this Act. (2) The Principal Act is amended by adding at the end the Schedules set out in Schedule 6 to this Act. (3) Schedule 1 to the Principal Act is amended by adding at the end the Annexes set out in Schedule 7 to this Act. Part IV—Amendments of the Protection of the Sea (Civil Liability) Act 1981 35 Principal Act The Protection of the Sea (Civil Liability) Act 1981 is in this Part referred to as the Principal Act. 36 Interpretation Section 3 of the Principal Act is amended by omitting from subsection (1) the definitions of "Protocol" and "the Convention" and substituting the following definitions: " 'the Convention' means Articles I to XII ter, including the model certificate, of the Civil Liability Convention as amended by the 1992 Protocol; " 'the 1992 Protocol' means the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (a copy of the English text of which is set forth in Schedule 2).". 37 Certain provisions of Convention to have the force of law Section 8 of the Principal Act is amended by inserting in subsection (1) ", Article XII bis (other than paragraph (b))" after "Article XI". 38 Claims for compensation Section 9 of the Principal Act is amended by omitting from paragraphs (a) and (b) "Australia" and substituting "a place to which the Convention applies". 39 Prosecution of offences against subsections 15(1), (2) and (3) and 22(3) Section 23 of the Principal Act is amended by adding at the end the following subsections: "(4) Where, in proceedings for an offence against subsection 15(1), (2) or (3) or 22(3) in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind. "(5) Any conduct engaged in on behalf of a corporation; (a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent, shall be deemed, for the purposes of a provision of this Act that creates an offence, to have been engaged in by the corporation. "(6) A reference in subsection (4) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.". 40 Schedule Schedule 2 to the Principal Act is repealed and the Schedule set out in Schedule 8 to this Act is substituted. Part V—Amendments of the Protection of the Sea (Shipping Levy Collection) Act 1981 41 Principal Act The Protection of the Sea (Shipping Levy Collection) Act 1981 is in this Part referred to as the Principal Act. 42 Interpretation Section 4 of the Principal Act is amended; (a) by omitting "register" from the definition of "tonnage" and substituting "net"; and (b) by adding at the end the following definition and subsection: " 'Tonnage Measurement Convention' has the same meaning as in Part XA of the Navigation Act 1912. "(2) Where, at any time, the net tonnage applicable to a ship has been determined otherwise than in accordance with the Tonnage Measurement Convention, then, in the application of this Act to the ship at that time, a reference in this Act to the tonnage of a ship shall be taken to be a reference to the net tonnage of the ship expressed in tons." Schedule 1—Amendments of Division 12 of Part IV of the Navigation Act 1912 Relating to Penalties Subsection 15 (1) Paragraph 267D (1) (a): Omit "$500", substitute "$1,000". Paragraph 267D (1) (b): Omit "$1,000", substitute "$5,000". Subparagraph 267D (2) (c) (i): Omit "$500", substitute "$1,000". Subparagraph 267D (2) (c) (ii): Omit "$1,000", substitute "$5,000". Paragraph 267E (2) (b): Omit "$5,000", substitute "$10,000". Paragraph 267G (3) (b): Omit "$40,000", substitute "$50,000". Section 267H: Omit "$200", substitute "$1,000". Section 267J: Omit "Penalty: $200". Paragraph 267K (4) (b): Omit "$40,000", substitute "$50,000". Schedule 2—Amendments of Division 12A of Part IV of the Navigation Act 1912 relating to Penalties Subsection 15 (2) Paragraph 267S (1) (a): Omit "$500", substitute "$1,000". Paragraph 267S (1) (b: Omit "$1,000", substitute "$5,000". Subparagraph 267S (2) (c) (i): Omit "$500", substitute "$1,000". Subparagraph 267S (2) (c) (ii): Omit "$1,000", substitute "$5,000". Paragraph 267T (2) (b): Omit "$5,000", substitute "$10,000". Paragraph 267V (1) (b): Omit "$40,000", substitute "$50,000". Section 267W: Omit "$200", substitute "$1,000". Section 267X: Omit "Penalty: $200". Paragraph 267Y (4) (b): Omit "$40,000", substitute "$50,000". Schedule 3—Amendments of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 Relating to Penalties Subsection 33 (1) Paragraph 9 (1) (b): Omit "$100,000", substitute "$250,000". Paragraph 10 (1) (b): Omit "$100,000", substitute "$250,000". Subsection 11 (3): Omit "exceeding $5,000", substitute: "exceeding; (c) if the offender is a natural person—$5,000; or (d) if the offender is a body corporate—$25,000.". Paragraph 12 (4) (b): Omit "$10,000", substitute "$25,000". Paragraph 14 (2) (b): Omit "$10,000", substitute "$25,000". Paragraph 14 (4) (b): Omit "$10,000", substitute "$25,000". Schedule 4—Amendments of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 Relating to Penalties Subsection 33 (2) Paragraph 20 (b): Omit "$10,000", substitute "$25,000". Paragraph 21 (1) (b): Omit "$100,000", substitute "$250,000". Subsection 22 (3): Omit "exceeding $5,000", substitute; exceeding; (c) if the offender is a natural person—$5,000; or (d) if the offender is a body corporate—$25,000.". Paragraph 23 (4) (b): Omit "$10,000", substitute "$25,000". Paragraph 25 (2) (b): Omit "$10,000", substitute "$25,000". Paragraph 25 (4) (b): Omit "$10,000", substitute "$25,000". Schedule 5—Annex added to Schedule 1 to the Protection of t