Commonwealth: Protection of the Sea (Oil Pollution Compensation Funds) Act 1993 (Cth)

Protection of the Sea (Oil Pollution Compensation Funds) Act 1993 No. 41, 1993 Compilation No. 10 Compilation date: 1 July 2016 Includes amendments up to: Act No. 59, 2015 Registered: 22 July 2016 About this compilation This compilation This is a compilation of the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Chapter 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Act to bind Crown 5 Operation of Act 5A Application of the Criminal Code Chapter 3—The 1992 Convention Part 3.1—Repeal of Chapter 2 26 Repeal of Chapter 2 Part 3.2—Outline of Chapter 27 Simplified outline Part 3.3—Interpretation 28 Interpretation Part 3.4—Legal recognition of the 1992 Fund 29 1992 Fund is a legal person 30 Director of the 1992 Fund is the legal representative of the 1992 Fund Part 3.5—Compensation 31 Certain provisions of the 1992 Convention to have the force of law 32 Claims for compensation 33 1992 Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981 34 Regulations to give effect to Article 8 of the 1992 Convention Part 3.6—Contributions to the 1992 Fund Division 1—Liability to make contributions 35 Liability to contribute to the 1992 Fund 36 Amount of contributions 37 When contributions are due and payable 38 Transitional Division 2—Recovery of contributions etc. 39 Late payment penalty 40 1992 Fund to be paid amounts equal to amounts of contributions 41 Recovery of contributions and late payment penalty 42 Regulations relating to recovery of contributions etc. Division 3—Record‑keeping and returns etc. 43 Authority to inform 1992 Fund 44 Record‑keeping and returns etc. 45 Failure to give information or returns 46 False information or returns Chapter 3A—The 2003 Protocol Part 3A.1—Outline of Chapter 46A Simplified outline Part 3A.2—Interpretation 46B Interpretation Part 3A.3—Legal recognition of the Supplementary Fund 46C Supplementary Fund is a legal person 46D Director of the Supplementary Fund is the legal representative of the Supplementary Fund Part 3A.4—Compensation 46E Certain provisions of the 2003 Protocol to have the force of law 46F Claims for compensation 46G Supplementary Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981 46H Regulations to give effect to Article 8 of the 2003 Protocol Part 3A.5—Contributions to the Supplementary Fund Division 1—Liability to make contributions 46J Liability to contribute to the Supplementary Fund 46K Amount of contributions 46L When contributions are due and payable Division 2—Recovery of contributions etc. 46M Late payment penalty 46N Supplementary Fund to be paid amounts equal to amounts of contributions 46P Recovery of contributions and late payment penalty 46Q Regulations relating to recovery of contributions etc. Division 3—Record‑keeping and returns etc. 46R Authority to inform Supplementary Fund 46S Record‑keeping and returns etc. 46T Failure to give information or returns 46U False information or returns Chapter 4—Miscellaneous 46V Treatment of partnerships 46W Treatment of unincorporated associations 47 Regulations Schedule 1—International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 Schedule 2—Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 Schedule 3—Protocol of 1992 to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 Schedule 4—Resolution LEG.2(82) Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to oil pollution damage Chapter 1—Preliminary 1 Short title This Act may be cited as the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993. 2 Commencement (1) Chapters 1, 2 and 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the day on which the 1971 Convention enters into force for Australia. (2) Part 3.1 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which Australia's denunciation of the 1971 Convention takes effect. (3) Chapter 3 (other than Part 3.1) commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the 1992 Protocol enters into force for Australia. 3 Interpretation In this Act, unless the contrary intention appears : Australia, when used in a geographical sense, includes all the external Territories. Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990. the original Convention means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, done at Brussels on 18 December 1971 (a copy of the English text of the original Convention is set out in Schedule 1). the Supplementary Fund means The International Oil Pollution Compensation Supplementary Fund 2003 established by the 2003 Protocol. the 1971 Convention means the original Convention as amended by the 1976 Protocol. the 1971 Fund means The International Oil Pollution Compensation Fund established by the original Convention. the 1976 Protocol means the Protocol of 1976 to amend the original Convention, done at London on 19 November 1976 (a copy of the English text of the 1976 Protocol is set out in Schedule 2). the 1992 Convention means the original Convention as amended by the 1976 Protocol and the 1992 Protocol. the 1992 Fund means The International Oil Pollution Compensation Fund 1992 established by the 1992 Convention. the 1992 Protocol means the Protocol of 1992 to amend the 1971 Convention, done at London on 27 November 1992 (a copy of the English text of the 1992 Protocol is set out in Schedule 3), as amended by resolution LEG.2(82) adopted by the Legal Committee of the International Maritime Organization on 18 October 2000 (a copy of the English text of which is set out in Schedule 4). the 2003 Protocol means the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 done at London on 16 May 2003. Note: The text of the 2003 Protocol is set out in Australian Treaty Series [2005] ATNIF 21. In 2008, the text of the 2003 Protocol in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). 4 Act to bind Crown (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. (2) The Crown is not liable to be prosecuted for an offence against, or arising out of, this Act. 5 Operation of Act This Act applies both within and outside Australia and extends to every external Territory. 5A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences created by this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Chapter 3—The 1992 Convention Part 3.1—Repeal of Chapter 2 26 Repeal of Chapter 2 (1) Chapter 2 is repealed. (2) The regulations may make such transitional or savings provisions as are necessary or convenient as a result of the repeal of Chapter 2. Part 3.2—Outline of Chapter 27 Simplified outline The following is a simplified outline of this Chapter: (a) the 1992 Fund is liable to provide compensation for certain oil pollution damage (Part 3.5); (b) certain persons who receive oil in Australian ports and terminals are liable to contribute to the 1992 Fund (Part 3.6); (c) the Australian Maritime Safety Authority is empowered to collect information about contributors and give the information to the 1992 Fund (Part 3.6). Diagram showing flow of money Oil receivers make contributions to 1992 Fund $ $ Certain persons entitled to receive compensation from 1992 Fund  1992 Fund  Part 3.3—Interpretation 28 Interpretation Unless the contrary intention appears, an expression used in this Chapter and in the 1992 Convention has the same meaning in this Chapter as in the 1992 Convention. Part 3.4—Legal recognition of the 1992 Fund 29 1992 Fund is a legal person For the purposes of this Chapter, the 1992 Fund has the same legal personality as a company incorporated under the Corporations Act 2001 and, in particular, may sue and be sued. 30 Director of the 1992 Fund is the legal representative of the 1992 Fund For the purposes of this Chapter, the Director of the 1992 Fund is the legal representative of the 1992 Fund. Part 3.5—Compensation 31 Certain provisions of the 1992 Convention to have the force of law (1) The following provisions of the 1992 Convention have the force of law as part of the law of the Commonwealth: Articles 1, 3, 4 and 6, paragraphs 1, 3, 5 and 6 of Article 7, Article 9, Article 35, Article 36 bis, paragraph (e) of Article 36 quater and Article 36 quinquies. (2) For the purposes of paragraph 7 of Article 4 of the 1992 Convention as so having the force of law, a request by the Authority is taken to be a request by Australia. 32 Claims for compensation (1) This section applies to an action against the 1992 Fund for compensation under Article 4 of the 1992 Convention. (2) The action may be brought in the Federal Court of Australia or in the Supreme Court of a State or Territory. (3) The court in which an action has been brought may, by order, transfer the proceedings to another court that has jurisdiction with respect to the action. (4) The transfer may be made at any stage of the proceedings. (5) The court may transfer proceedings on application or on its own initiative. (6) If proceedings are transferred from a court: (a) all documents filed, and money or guarantees lodged, in that court in those proceedings must be transmitted by the Registrar or other proper officer of that court to the Registrar or other proper officer of the court to which the proceedings are transferred; and (b) the court to which the proceedings are transferred must proceed as if: (i) the proceedings had originally been instituted in that court; and (ii) the same proceedings had been taken in that court as had been taken in the court from which the proceedings were transferred. 33 1992 Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981 The 1992 Fund may intervene in proceedings for compensation arising under Part II of the Protection of the Sea (Civil Liability) Act 1981. 34 Regulations to give effect to Article 8 of the 1992 Convention (1) The regulations may make provision for and in relation to giving effect to Article 8 of the 1992 Convention, including: (a) provision for investing the Supreme Courts of the States with federal jurisdiction and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made for the purposes of this section; and (b) provision for investing jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section; and (c) provision fixing fees to be paid in respect of any matters under regulations made for the purposes of this section. (2) Subsection (1) does not limit the power of a judge or judges of a court to make rules of court with respect to a matter that is not provided for in regulations made for the purposes of that subsection. Part 3.6—Contributions to the 1992 Fund Division 1—Liability to make contributions 35 Liability to contribute to the 1992 Fund (1) Article 10 of the 1992 Convention (other than subparagraph 2(b)), in so far as it relates to ports or terminal installations in Australia, has the force of law as part of the law of the Commonwealth. (2) A person is not liable to contribute to the 1992 Fund because of this Part unless the contributions are imposed by an Act other than this Act. (3) For the purposes of Article 10 of the 1992 Convention as applied by subsection (1), a person (the first person) is an associated person in relation to another person (the second person) if, and only if: (a) both the first person and the second person are bodies corporate; and (b) the first person and the second person are related to each other within the meaning of section 50 of the Corporations Act 2001. (4) For the purposes of this Part (including a provision of the 1992 Convention as applied by this Part), a contribution required to be paid because of this Part is payable to the 1992 Fund as agent of the Commonwealth. 36 Amount of contributions Paragraphs 2 and 3 of Article 12 of the 1992 Convention, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth. 37 When contributions are due and payable Contributions required to be paid by a person because of this Part are due and payable on the day ascertained under paragraph 4 of Article 12 of the 1992 Convention. 38 Transitional Article 36 ter of the 1992 Convention, in so far as it relates to Australia, has the force of law as part of the law of the Commonwealth. Division 2—Recovery of contributions etc. 39 Late payment penalty (1) If: (a) any annual contribution payable by a person because of this Part remains unpaid after the time when it became due for payment; and (b) the Internal Regulations of the 1992 Fund have fixed, or provided for a method of determining, one or more annual interest rates (IR rates) in accordance with paragraph 1 of Article 13 of the 1992 Convention; the person is liable to pay, by way of penalty, an amount (late payment penalty). Late payment penalty is calculated at the annual percentage rate equal to whichever of the IR rates is applicable to the person's circumstances, on the amount unpaid, computed from that time. (2) Late payment penalty is payable to the 1992 Fund on behalf of the Commonwealth. 40 1992 Fund to be paid amounts equal to amounts of contributions (1) Amounts received, or purporting to be received, under section 35 or 39 must be paid to the Commonwealth. (2) If an amount is paid to the Commonwealth under subsection (1), the Commonwealth must pay to the 1992 Fund an amount equal to that amount. (3) A payment of an amount to the 1992 Fund under subsection (2) is subject to the condition that, if the Commonwealth becomes liable to refund the whole or part of that amount, the 1992 Fund must pay to the Commonwealth an amount equivalent to the amount that the Commonwealth is liable to refund. (4) The Consolidated Revenue Fund is appropriated for the purposes of subsection (2). 41 Recovery of contributions and late payment penalty (1) The following amounts may be recovered by the 1992 Fund, on behalf of the Commonwealth, as debts due to the Commonwealth: (a) contributions that are required to be paid because of this Part and that are due and payable; (b) late payment penalty that is due and payable. (2) For the purposes of an action or proceeding under subsection (1), liability to costs is to be determined as if the 1992 Fund were a party to the action or proceeding and the Commonwealth were not a party. (3) The 1992 Fund is not entitled to recover from the Commonwealth any costs or other expenses it incurs in recovering an amount referred to in subsection (1). 42 Regulations relating to recovery of contributions etc. (1) The regulations may make provision for and in relation to the following: (a) the methods by which contributions required to be paid because of this Part may be paid; (b) the methods by which late payment penalty may be paid; (c) refunds of, or of overpayments of, contributions. (2) Without limiting paragraphs (1)(a) and (b), regulations made for the purposes of those paragraphs may make provision for and in relation to the making of payments using electronic funds transfer systems. Division 3—Record‑keeping and returns etc. 43 Authority to inform 1992 Fund (1) Article 15 of the 1992 Convention, in so far as it relates to Australia, has the force of law as part of the law of the Commonwealth. (2) For the purposes of paragraphs 1 and 2 of Article 15 of the 1992 Convention as so having the force of law, an obligation imposed on Australia is taken to be imposed on the Authority. (3) The Authority may inform the 1992 Fund of such additional matters relating to contributions as the Authority considers appropriate. 44 Record‑keeping and returns etc. (1) The regulations may make provision for and in relation to requiring a person: (a) to keep and retain records, where the records are relevant to ascertaining the person's liability to make contributions required to be paid because of this Part; and (b) to give information and returns to the Authority, where the information or returns are relevant to ascertaining a person's liability to make contributions required to be paid because of this Part; and (c) to: (i) produce documents to the Authority; or (ii) make copies of documents and give the copies to the Authority; where the documents are relevant to ascertaining a person's liability to make contributions required to be paid because of this Part. (2) The regulations may provide that information or returns given to the Authority in accordance with a requirement covered by paragraph (1)(b) must be verified by statutory declaration. (3) A person is entitled to be paid by the Authority reasonable compensation for making copies in the course of complying with a requirement covered by subparagraph (1)(c)(ii). (4) A person is not excused from giving information or a return or producing a document or a copy of a document under regulations made for the purposes of this Division on the ground that the information or return or the production of the document or copy might tend to incriminate the person or expose the person to a penalty. However: (a) giving the information or return or producing the document or copy; or (b) any information, return, document or thing obtained as a direct or indirect consequence of giving the information or return or producing the document or copy; is not admissible in evidence against the person in: (c) criminal proceedings other than proceedings under, or arising out of, section 45 or 46; or (d) proceedings for recovery of an amount of late payment penalty. 45 Failure to give information or returns (1) A person commits an offence if: (a) the person is required under regulations made for the purposes of this Division to give any information or return to the Authority; and (b) the person engages in conduct; and (c) the person's conduct contravenes the requirement. Penalty: 300 penalty units. (2) Strict liability applies to paragraph (1)(a). Note: For strict liability, see section 6.1 of the Criminal Code. (3) In this section: engage in conduct means: (a) do an act; or (b) omit to perform an act. 46 False information or returns A person must not, in purported compliance with regulations made for the purposes of this Division, intentionally give information or a return that, to the person's knowledge, is false or misleading in a material particular. Penalty: 500 penalty units. Chapter 3A—The 2003 Protocol Part 3A.1—Outline of Chapter 46A Simplified outline (1) The following is a simplified outline of this Chapter: (a) the Supplementary Fund is liable to provide compensation for certain oil pollution damage (Part 3A.4); (b) certain persons who receive oil in Australian ports and terminals are liable to contribute to the Supplementary Fund (Division 1 of Part 3A.5); (c) the Australian Maritime Safety Authority is empowered to collect information about contributors and give information to the Supplementary Fund (Division 3 of Part 3A.5). (2) The purpose of the Supplementary Fund is to provide compensation to a person who has established a claim for compensation for certain oil pollution damage and who has not been able to obtain full and adequate compensation for the claim from the 1992 Fund, because the damage does or may exceed the compensation limit for that Fund. Diagram showing flow of money Part 3A.2—Interpretation 46B Interpretation Unless the contrary intention appears, an expression used in this Chapter and in the 2003 Protocol has the same meaning in this Chapter as in the 2003 Protocol. Part 3A.3—Legal recognition of the Supplementary Fund 46C Supplementary Fund is a legal person For the purposes of this Chapter, the Supplementary Fund has the same legal personality as a company incorporated under the Corporations Act 2001 and, in particular, may sue and be sued. 46D Director of the Supplementary Fund is the legal representative of the Supplementary Fund For the purposes of this Chapter, the Director of the Supplementary Fund is the legal representative of the Supplementary Fund. Part 3A.4—Compensation 46E Certain provisions of the 2003 Protocol to have the force of law The following provisions of the 2003 Protocol have the force of law as part of the law of the Commonwealth: (a) Article 1; (b) Article 3; (c) Article 4; (d) Article 5, except to the extent that it imposes an obligation on the Assembly; (e) Article 6; (f) paragraph 1 of Article 7, to the extent that it applies paragraphs 1, 5 and 6 of Article 7 of the 1992 Convention to actions for compensation brought against the Supplementary Fund in accordance with paragraph 1 of Article 4 of the 2003 Protocol; (g) paragraphs 2 and 3 of Article 7; (h) Article 9; (i) paragraphs 2, 3 and 4 of Article 15, except to the extent that they impose an obligation on the Assembly. 46F Claims for compensation (1) This section applies to an action against the Supplementary Fund for compensation under Article 4 of the 2003 Protocol. (2) The action may be brought in the Federal Court of Australia or in the Supreme Court of a State or Territory. (3) The court in which an action has been brought may, by order, transfer the proceedings to another court that has jurisdiction with respect to the action. (4) The transfer may be made at any stage of the proceedings. (5) The court may transfer proceedings on application or on its own initiative. (6) If proceedings are transferred from a court: (a) all documents filed, and money or guarantees lodged, in that court in those proceedings must be transmitted by the Registrar or other proper officer of that court to the Registrar or other proper officer of the court to which the proceedings are transferred; and (b) the court to which the proceedings are transferred must proceed as if: (i) the proceedings had originally been instituted in that court; and (ii) the same proceedings had been taken in that court as had been taken in the court from which the proceedings were transferred. 46G Supplementary Fund may intervene in proceedings under the Protection of the Sea (Civil Liability) Act 1981 The Supplementary Fund may intervene in proceedings for compensation arising under Part II of the Protection of the Sea (Civil Liability) Act 1981. 46H Regulations to give effect to Article 8 of the 2003 Protocol (1) The regulations may make provision for and in relation to giving effect to Article 8 of the 2003 Protocol, including: (a) provision for investing the Supreme Courts of the States with federal jurisdiction and conferring, to the extent that the Constitution permits, jurisdiction on the Supreme Courts of the Territories, with respect to matters arising under regulations made for the purposes of this section; and (b) provision for investing jurisdiction on the Federal Court of Australia with respect to matters arising under regulations made for the purposes of this section; and (c) provision for fixing fees to be paid in respect of any matters under regulations made for the purposes of this section. (2) Subsection (1) does not limit the power of a judge or judges of a court to make rules of court with respect to a matter that is not provided for in regulations made for the purposes of that subsection. Part 3A.5—Contributions to the Supplementary Fund Division 1—Liability to make contributions 46J Liability to contribute to the Supplementary Fund (1) Article 10 of the 2003 Protocol, in so far as it relates to ports or terminal installations in Australia, has the force of law as part of the law of the Commonwealth. (2) A person is not liable to contribute to the Supplementary Fund because of this Part unless the contributions are imposed by an Act other than this Act. (3) For the purposes of Article 10 of the 2003 Protocol as applied by subsection (1), a person (the first person) is an associated person in relation to another person (the second person) if, and only if: (a) both the first person and the second person are bodies corporate; and (b) the first person and the second person are related to each other within the meaning of section 50 of the Corporations Act 2001. (4) For the purposes of this Part (including a provision of the 2003 Protocol as applied by this Part), a contribution required to be paid because of this Part is payable to the Supplementary Fund as agent of the Commonwealth. 46K Amount of contributions Paragraphs 2 and 3 of Article 11 (except to the extent that they impose obligations on the Assembly), and Article 18, of the 2003 Protocol, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth. 46L When contributions are due and payable Contributions required to be paid by a person because of this Part are due and payable on the day ascertained under paragraph 4 of Article 11 of the 2003 Protocol. Division 2—Recovery of contributions etc. 46M Late payment penalty (1) If: (a) any annual contribution payable by a person because of this Part remains unpaid after the time when it became due for payment; and (b) the Internal Regulations of the 1992 Fund have fixed, or provided for a method of determining, one or more annual interest rates (IR rates) in accordance with paragraph 1 of Article 13 of the 1992 Convention; the person is liable to pay, by way of penalty, an amount (late payment penalty). Late payment penalty is calculated at the annual percentage rate equal to whichever of the IR rates is applicable to the person's circumstances, on the amount unpaid, computed from that time. (2) Late payment penalty is payable to the Supplementary Fund on behalf of the Commonwealth. 46N Supplementary Fund to be paid amounts equal to amounts of contributions (1) Amounts received, or purporting to be received, under section 46J or 46M must be paid to the Commonwealth. (2) If an amount is paid to the Commonwealth under subsection (1), the Commonwealth must pay to the Supplementary Fund an amount equal to that amount. (3) A payment of an amount to the Supplementary Fund under subsection (2) is subject to the condition that, if the Commonwealth becomes liable to refund the whole or part of that amount, the Supplementary Fund must pay to the Commonwealth an amount equivalent to the amount that the Commonwealth is liable to refund. (4) The Consolidated Revenue Fund is appropriated for the purposes of subsection (2). 46P Recovery of contributions and late payment penalty (1) The following amounts may be recovered by the Supplementary Fund, on behalf of the Commonwealth, as debts due to the Commonwealth: (a) contributions that are required to be paid because of this Part and that are due and payable; (b) late payment penalty that is due and payable. (2) For the purposes of an action or proceeding under subsection (1), liability to costs is to be determined as if the Supplementary Fund were a party to the action or proceeding and the Commonwealth were not a party. (3) The Supplementary Fund is not entitled to recover from the Commonwealth any costs or other expenses it incurs in recovering an amount referred to in subsection (1). 46Q Regulations relating to recovery of contributions etc. (1) The regulations may make provision for and in relation to the following: (a) the methods by which contributions required to be paid because of this Part may be paid; (b) the methods by which late payment penalty may be paid; (c) refunds of, or of overpayments of, contributions. (2) Without limiting paragraphs (1)(a) and (b), regulations made for the purposes of those paragraphs may make provision for and in relation to the making of payments using electronic funds transfer systems. Division 3—Record‑keeping and returns etc. 46R Authority to inform Supplementary Fund (1) Article 13, paragraph 1 of Article 15, and Article 20 of the 2003 Protocol, in so far as they relate to Australia, have the force of law as part of the law of the Commonwealth. (2) For the purposes of the following provisions of the 2003 Protocol: (a) Article 13; and (b) paragraph 1 of Article 15; and (c) Article 20, in so far as it relates to annual communications made after the instrument referred to in paragraph 4 of Article 19 is deposited; as so having the force of law, an obligation imposed on Australia is taken to be imposed on the Authority. (3) The Authority may inform the Supplementary Fund of such additional matters relating to contributions as the Authority considers appropriate. 46S Record‑keeping and returns etc. (1) The regulations may make provision for and in relation to requiring a person: (a) to keep and retain records, where the records are relevant to ascertaining the person's liability to make contributions required to be paid because of this Part; and (b) to give information and returns to the Authority, where the information or returns are relevant to ascertaining a person's liability to make contributions required to be paid because of this Part; and (c) to: (i) produce documents to the Authority; or (ii) make copies of documents and give the copies to the Authority; where the documents are relevant to ascertaining a person's liability to make contributions required to be paid because of this Part. (2) The regulations may provide that information or returns given to the Authority in accordance with a requirement covered by paragraph (1)(b) must be verified by statutory declaration. (3) A person is entitled to be paid by the Authority reasonable compensation for making copies in the course of complying with a requirement covered by subparagraph (1)(c)(ii). (4) A person is not excused from giving information or a return or producing a document or a copy of a document under regulations made for the purposes of this Division on the ground that the information or return or the production of the document or copy might tend to incriminate the person or expose the person to a penalty. However: (a) giving the information or return or producing the document or copy; or (b) any information, return, document or thing obtained as a direct or indirect consequence of giving the information or return or producing the document or copy; is not admissible in evidence against the person in: (c) criminal proceedings other than proceedings under, or arising out of, section 46R or 46S; or (d) proceedings for recovery of an amount of late payment penalty. 46T Failure to give information or returns (1) A person commits an offence if: (a) the person is required under regulations made for the purposes of this Division to give any information or return to the Authority; and (b) the person engages in conduct; and (c) the person's conduct contravenes the requirement. Penalty: 300 penalty units. (2) Strict liability applies to paragraph (1)(a). Note: For strict liability, see section 6.1 of the Criminal Code. (3) In this section: engage in conduct means: (a) do an act; or (b) omit to perform an act. 46U False information or returns A person must not, in purported compliance with regulations made for the purposes of this Division, intentionally give information or a return that, to the person's knowledge, is false or misleading in a material particular. Penalty: 500 penalty units. Chapter 4—Miscellaneous 46V Treatment of partnerships (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section. (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners. (3) An offence against this Act that would otherwise be committed by the partnership is taken to have been committed by each partner. (4) A partner does not commit an offence because of subsection (3) if the partner: (a) does not know of the circumstances that constitute the contravention of the provision concerned; or (b) knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the partner becomes aware of those circumstances. Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code. 46W Treatment of unincorporated associations (1) This Act applies to an unincorporated association as if it were a person, but with the changes set out in this section. (2) An obligation that would otherwise be imposed on the association by this Act is imposed on each member of the association's committee of management instead, but may be discharged by any of the members. (3) An offence against this Act that would otherwise be committed by the association is taken to have been committed by each member of the association's committee of management. (4) A member of the association's committee of management does not commit an offence because of subsection (3) if the member: (a) does not know of the circumstances that constitute the contravention of the provision concerned; or (b) knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the member becomes aware of those circumstances. Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code. 47 Regulations (1) The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) The regulations may prescribe penalties not exceeding a fine of 10 penalty units for offences against the regulations. Schedule 1—International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 Section 3 (Supplementary to the International Convention on Civil Liability for Oil Pollution Damage, 1969) The States Parties to the present Convention, BEING PARTIES to the International Convention on Civil Liability for Oil Pollution Damage, adopted at Brussels on 29 November 1969, CONSCIOUS of the dangers of pollution posed by the world‑wide maritime carriage of oil in bulk, CONVINCED of the need to ensure that adequate compensation is available to persons who suffer damage caused by pollution resulting from the escape or discharge of oil from ships, CONSIDERING that the International Convention of 29 November 1969, on Civil Liability for Oil Pollution Damage, by providing a regime for compensation for pollution damage in Contracting States and for the costs of measures, wherever taken, to prevent or minimize such damage, represents a considerable progress towards the achievement of this aim, CONSIDERING HOWEVER that this regime does not afford full compensation for victims of oil pollution damage in all cases while it imposes an additional financial burden on shipowners, CONSIDERING FURTHER that the economic consequences of oil pollution damage resulting from the escape or discharge of oil carried in bulk at sea by ships should not exclusively be borne by the shipping industry but should in part be borne by the oil cargo interests, CONVINCED of the need to elaborate a compensation and indemnification system supplementary to the International Convention on Civil Liability for Oil Pollution Damage with a view to ensuring that full compensation will be available to victims of oil pollution incidents and that the shipowners are at the same time given relief in respect of the additional financial burdens imposed on them by the said Convention, TAKING NOTE of the Resolution on the Establishment of an International Compensation Fund for Oil Pollution Damage which was adopted on 29 November 1969 by the International Legal Conference on Marine Pollution Damage, HAVE AGREED as follows: General Provisions Article 1 For the purposes of this Convention 1. "Liability Convention" means the International Convention on Civil Liability for Oil Pollution Damage, adopted at Brussels on 29 November 1969. 2. "Ship", "Person", "Owner", "Oil", "Pollution Damage", "Preventive Measures", "Incident" and "Organization", have the same meaning as in Article I of the Liability Convention, provided however that, for the purposes of these terms, "oil" shall be confined to persistent hydrocarbon mineral oils. 3. "Contributing Oil" means crude oil and fuel oil as defined in sub‑paragraphs (a) and (b) below: (a) "Crude Oil" means any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation. It also includes crude oils from which certain distillate fractions have been removed (sometimes referred to as "topped crudes") or to which certain distillate fractions have been added (sometimes referred to as "spiked" or "reconstituted" crudes). (b) "Fuel Oil" means heavy distillates or residues from crude oil or blends of such materials intended for use as a fuel for the production of heat or power of a quality equivalent to the "American Society for Testing and Materials' Specification for Number Four Fuel Oil (Designation D 396‑69)", or heavier. 4. "Franc" means the unit referred to in Article V, paragraph 9 of the Liability Convention. 5. "Ship's tonnage" has the same meaning as in Article V, paragraph 10, of the Liability Convention. 6. "Ton", in relation to oil, means a metric ton. 7. "Guarantor" means any person providing insurance or other financial security to cover an owner's liability in pursuance of Article VII, paragraph 1, of the Liability Convention. 8. "Terminal installation" means any site for the storage of oil in bulk which is capable of receiving oil from waterborne transportation, including any facility situated off‑shore and linked to such site. 9. Where an incident consists of a series of occurrences, it shall be treated as having occurred on the date of the first such occurrence. Article 2 1. An International Fund for compensation for pollution damage, to be named "The International Oil Pollution Compensation Fund" and hereinafter referred to as "The Fund", is hereby established with the following aims: (a) to provide compensation for pollution damage to the extent that the protection afforded by the Liability Convention is inadequate; (b) to give relief to shipowners in respect of the additional financial burden imposed on them by the Liability Convention, such relief being subject to conditions designed to ensure compliance with safety at sea and other conventions; (c) to give effect to the related purposes set out in this Convention. 2. The Fund shall in each Contracting State be recognized as a legal person capable under the laws of that State of assuming rights and obligations and of being a party in legal proceedings before the courts of that State. Each Contracting State shall recognize the Director of the Fund (hereinafter referred to as "The Director") as the legal representative of the Fund. Article 3 This Convention shall apply: 1. With regard to compensation according to Article 4, exclusively to pollution damage caused on the territory including the territorial sea of a Contracting State, and to preventive measures taken to prevent or minimize such damage; 2. With regard to indemnification of shipowners and their guarantors according to Article 5, exclusively in respect of pollution damage caused on the territory, including the territorial sea, of a State party to the Liability Convention by a ship registered in or flying the flag of a Contracting State and in respect of preventive measures taken to prevent or minimize such damage. Compensation and indemnification Article 4 1. For the purpose of fulfilling its function under Article 2, paragraph 1(a), the Fund shall pay compensation to any person suffering pollution damage if such person has been unable to obtain full and adequate compensation for the damage under the terms of the Liability Convention, (a) because no liability for the damage arises under the Liability Convention; (b) because the owner liable for the damage under the Liability Convention is financially incapable of meeting his obligations in full and any financial security that may be provided under Article VII of that Convention does not cover or is insufficient to satisfy the claims for compensation for the damage; an owner being treated as financially incapable of meeting his obligations and a financial security being treated as insufficient if the person suffering the damage has been unable to obtain full satisfaction of the amount of compensation due under the Liability Convention after having taken all reasonable steps to pursue the legal remedies available to him; (c) because the damage exceeds the owner's liability under the Liability Convention as limited pursuant to Article V, paragraph 1, of that Convention or under the terms of any other international Convention in force or open for signature, ratification or accession at the date of this Convention. Expenses reasonably incurred or sacrifices reasonably made by the owner voluntarily to prevent or minimize pollution damage shall be treated as pollution damage for the purposes of this Article. 2. The Fund shall incur no obligation under the preceding paragraph if: (a) it proves that the pollution damage resulted from an act of war, hostilities, civil war or insurrection or was caused by oil which has escaped or been discharged from a warship or other ship owned or operated by a State and used, at the time of the incident, only on Government non commercial service; or (b) the claimant cannot prove that the damage resulted from an incident involving one or more ships. 3. If the Fund proves that the pollution damage resulted wholly or partially either from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, the Fund may be exonerated wholly or partially from its obligation to pay compensation to such person provided, however, that there shall be no such exoneration with regard to such preventive measures which are compensated under paragraph 1. The Fund shall in any event be exonerated to the extent that the shipowner may have been exonerated under Article III, paragraph 3, of the Liability Convention. 4. (a) Except as otherwise provided in sub‑paragraph (b) of this paragraph, the aggregate amount of compensation payable by the Fund under this Article shall in respect of any one incident be limited, so that the total sum of that amount and the amount of compensation actually paid under the Liability Convention for pollution damage caused in the territory of the Contracting States, including any sums in respect of which the Fund is under an obligation to indemnify the owner pursuant to Article 5, paragraph 1, of this Convention, shall not exceed 450 million francs. (b) The aggregate amount of compensation payable by the Fund under this Article for pollution damage resulting from a natural phenomenon of an exceptional, inevitable and irresistible character shall not exceed 450 million francs. 5. Where the amount of established claims against the Fund exceeds the aggregate amount of compensation payable under paragraph 4, the amount available shall be distributed in such a manner that the proportion between any established claim and the amount of compensation actually recovered by the claimant under the Liability Convention and this Convention shall be the same for all claimants. 6. The Assembly of the Fund (hereinafter referred to as "the Assembly") may, having regard to the experience of incidents which have occurred and in particular the amount of damage resulting therefrom and to changes in the monetary values, decide that the amount of 450 million francs referred to in paragraph 4, sub‑paragraphs (a) and (b), shall be changed; provided, however, that this amount shall in no case exceed 900 million francs or be lower than 450 million francs. The changed amount shall apply to incidents which occur after the date of the decision effecting the change. 7. The Fund shall, at the request of a Contracting State, use its good offices as necessary to assist that State to secure promptly such personnel, material and services as are necessary to enable the State to take measures to prevent or mitigate pollution damage arising from an incident in respect of which the Fund may be called upon to pay compensation under this Convention. 8. The Fund may on conditions to be laid down in the Internal Regulations provide credit facilities with a view to the taking of preventive measures against pollution damage arising from a particular incident in respect of which the Fund may be called upon to pay compensation under this Convention. Article 5 1. For the purpose of fulfilling its function under Article 2, paragraph 1(b), the Fund shall indemnify the owner and his guarantor for that portion of the aggregate amount of liability under the Liability Convention which: (a) is in excess of an amount equivalent to 1,500 francs for each ton of the ship's tonnage or of an amount of 125 million francs, whichever is the less, and (b) is not in excess of an amount equivalent to 2,000 francs for each ton of the said tonnage or an amount of 210 million francs, whichever is the less, provided, however, that the Fund shall incur no obligation under this paragraph where the pollution damage resulted from the wilful misconduct of the owner himself. 2. The Assembly may decide that the Fund shall, on conditions to be laid down in the Internal Regulations, assume the obligations of a guarantor in respect of ships referred to in Article 3, paragraph 2, with regard to the portion of liability referred to in paragraph 1 of this Article. However, the Fund shall assume such obligations only if the owner so requests and if he maintains adequate insurance or other financial security covering the owner's liability under the Liability Convention up to an amount equivalent to 1,500 francs for each ton of the ship's tonnage or an amount of 125 million francs, whichever is the less. If the Fund assumes such obligations, the owner shall in each Contracting State be considered to have complied with Article VII of the Liability Convention in respect of the portion of his liability mentioned above. 3. The Fund may be exonerated wholly or partially from its obligations under paragraph 1 towards the owner and his guarantor if the Fund proves that as a result of the actual fault or privity of the owner: (a) the ship from which the oil causing the pollution damage escaped did not comply with the requirements laid down in: (i) the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended in 1962; or (ii) the International Convention for the Safety of Life at Sea, 1960; or (iii) the International Convention on Load Lines, 1966; or (iv) the International Regulations for Preventing Collisions at Sea, 1960; or (v) any amendments to the above‑mentioned Conventions which have been determined as being of an important nature in accordance with Article XVI(5) of the Convention mentioned under (i), Article IX(e) of the Convention mentioned under (ii) or Article 29(3)(d) or (4)(d) of the Convention mentioned under (iii), provided, however, that such amendments had been in force for at least twelve months at the time of the incident; and (b) the incident or damage was caused wholly or partially by such non‑compliance. The provisions of this paragraph shall apply irrespective of whether the Contracting State in which the ship was registered or whose flag it was flying is a Party to the relevant Instrument. 4. Upon the entry into force of a new Convention designed to replace, in whole or in part, any of the Instruments specified in paragraph 3, the Assembly may decide at least six months in advance a date on which the new Convention will replace such Instrument or part thereof for the purpose of paragraph 3. However, any State Party to this Convention may declare to the Director before that date that it does not accept such replacement; in which case the decision of the Assembly shall have no effect in respect of a ship registered in, or flying the flag of, that State at the time of the incident. Such a declaration may be withdrawn at any later date and shall in any event cease to have effect when the State in question becomes a party to such new Convention. 5. A ship complying with the requirements in an amendment to an Instrument specified in paragraph 3 or with requirements in a new Convention, where the amendment or Convention is designed to replace in whole or in part such Instrument, shall be considered as complying with the requirements in the said Instrument for the purposes of paragraph 3. 6. Where the Fund, acting as a guarantor by virtue of paragraph 2, has paid compensation for pollution damage in accordance with the Liability Convention, it shall have a right of recovery from the owner if and to the extent that the Fund would have been exonerated pursuant to paragraph 3 from its obligations under paragraph 1 to indemnify the owner. 7. Expenses reasonably incurred and sacrifices reasonably made by the owner voluntarily to prevent or minimize pollution damage shall be treated as included in the owner's liability for the purposes of this Article. Article 6 1. Rights to compensation under Article 4 or indemnification under Article 5 shall be extinguished unless an action is brought thereunder or a notification has been made pursuant to Article 7, paragraph 6, within three years from the date when the damage occurred. However, in no case shall an action be brought after six years from the date of the incident which caused the damage. 2. Notwithstanding paragraph 1, the right of the owner or his guarantor to seek indemnification from the Fund pursuant to Article 5, paragraph 1, shall in no case be extinguished before the expiry of a period of six months as from the date on which the owner or his guarantor acquired knowledge of the bringing of an action against him under the Liability Convention. Article 7 1. Subject to the subsequent provisions of this Article, any action against the Fund for compensation under Article 4 or indemnification under Article 5 of this Convention shall be brought only before a court competent under Article IX of the Liability Convention in respect of actions against the owner who is or who would, but for the provisions of Article III, paragraph 2, of that Convention, have been liable for pollution damage caused by the relevant incident. 2. Each Contracting State shall ensure that its courts possess the necessary jurisdiction to entertain such actions against the Fund as are referred to in paragraph 1. 3. Where an action for compensation for pollution damage has been brought before a court competent under Article IX of the Liability Convention against the owner of a ship or his guarantor, such court shall have exclusive jurisdictional competence over any action against the Fund for compensation or indemnification under the provisions of Article 4 or 5 of this Convention in respect of the same damage. However, where an action for compensation for pollution damage under the Liability Convention has been brought before a court in a State Party to the Liability Convention but not to this Convention, any action against the Fund under Article 4 or under Article 5, paragraph 1, of this Convention shall at the option of the claimant be brought either before a court of the State where the Fund has its headquarters or before any court of a State Party to this Convention competent under Article IX of the Liability Convention. 4. Each Contracting State shall ensure that the Fund shall have the right to intervene as a party to any legal proceedings instituted in accordance with Article IX of the Liability Convention before a competent court of that State against the owner of a ship or his guarantor. 5. Except as otherwise provided in paragraph 6, the Fund shall not be bound by any judgment or decision in proceedings to which it has not been a party or by any settlement to which it is not a party. 6. Without prejudice to the provisions of paragraph 4, where an action under the Liability Convention for compensation for pollution damage has been brought against an owner or his guarantor before a competent court in a Contracting State, each party to the proceedings shall be entitled under the national law of that State to notify the Fund of the proceedings. Where such notification has been made in accordance with the formalities required by the law of the court seized and in such time and in such a manner that the Fund has in fact been in a position effectively to intervene as a party to the proceedings, any judgment rendered by the court in such proceedings shall, after it has become final and enforceable in the State where the judgment was given, become binding upon the Fund in the sense that the facts and findings in that judgment may not be disputed by the Fund even if the Fund has not actually intervened in the proceedings. Article 8 Subject to any decision concerning the distribution referred to in Article 4, paragraph 5, any judgment given against the Fund by a court having jurisdiction in accordance with Article 7, paragraphs 1 and 3, shall, when it has become enforceable in the State of origin and is in that State no longer subject to ordinary forms of review, be recognized and enforceable in each Contracting State on the same conditions as are prescribed in Article X of the Liability Convention. Article 9 1. Subject to the provisions of Article 5, the Fund shall, in respect of any amount of compensation for pollution damage paid by the Fund in accordance with Article 4, paragraph 1, of this Convention, acquire by subrogation the rights that the person so compensated may enjoy under the Liability Convention against the owner or his guarantor. 2. Nothing in this Convention shall prejudice any right of recourse or subrogation of the Fund against persons other than those referred to in the preceding paragraph. In any event the right of the Fund to subrogation against such person shall not be less favourable than that of an insurer of the person to whom compensation or indemnification has been paid. 3. Without prejudice to any other rights of subrogation or recourse against the Fund which may exist, a Contracting State or agency thereof which has paid compensation for pollution damage in accordance with provisions of national law shall acquire by subrogation the rights which the person so compensated would have enjoyed under this Convention. Contributions Article 10 1. Contributions to the fund shall be made in respect of each Contracting State by any person who, in the calendar year referred to in Article 11, paragraph 1, as regards initial contributions and in Article 12, paragraphs 2(a) or (b), as regards annual contributions, has received in total quantities exceeding 150,000 tons: (a) in the ports or terminal installations in the territory of that State contributing oil carried by sea to such ports or terminal installations; and (b) in any installations situated in the territory of that Contracting State contributing oil which has been carried by sea and discharged in a port or terminal installation of a non‑Contracting State, provided that contributing oil shall only be taken into account by virtue of this sub‑paragraph on first receipt in a Contracting State after its discharge in that non‑Contracting State. 2. (a) For the purposes of paragraph 1, where the quantity of contributing oil received in the territory of a Contracting State by any person in a calendar year when aggregated with the quantity of contributing oil received in the same Contracting State in that year by any associated person or persons exceeds 150,000 tons, such person shall pay contributions in respect of the actual quantity received by him notwithstanding that that quantity did not exceed 150,000 tons. (b) "Associated person" means any subsidiary or commonly controlled entity. The question whether a person comes within this definition shall be determined by the national law of the State concerned. Article 11 1. In respect of each Contracting State initial contributions shall be made of an amount which shall for each person referred to in Article 10 be calculated on the basis of a fixed sum for each ton of contributing oil received by him during the calendar year preceding that in which this Convention entered into force for that State. 2. The sum referred to in paragraph 1 shall be determined by the Assembly within two months after the entry into force of this Convention. In performing this function the Assembly shall, to the extent possible, fix the sum in such a way that the total amount of initial contributions would, if contributions were to be made in respect of 90 per cent of the quantities of contributing oil carried by sea in the world, equal 75 million francs. 3. The initial contributions shall in respect of each Contracting State be paid within three months following the date at which the Convention entered into force for that State. Article 12 1. With a view to assessing for each person referred to in Article 10 the amount of annual contributions due, if any, and taking account of the necessity to maintain sufficient liquid funds, the Assembly shall for each calendar year make an estimate in the form of a budget of: (i) Expenditure (a) costs and expenses of the administration of the Fund in the relevant year and any deficit from operations in preceding years; (b) payments to be made by the Fund in the relevant year for the satisfaction of claims against the Fund due under Article 4 or 5, including repayment on loans previously taken by the Fund for the satisfaction of such claims, to the extent that the aggregate amount of such claims in respect of any one incident does not exceed 15 million francs; (c) payments to be made by the Fund in the relevant year for the satisfaction of claims against the Fund due under Article 4 or 5, including repayments on loans previously taken by the Fund for the satisfaction of such claims, to the extent that the aggregate amount of such claims in respect of any one incident is in excess of 15 million francs; (ii) Income (a) surplus funds from operations in preceding years, including any interest; (b) initial contributions to be paid in the course of the year; (c) annual contributions, if required to balance the budget; (d) any other income. 2. For each person referred to in Article 10 the amount of his annual contribution shall be determined by the Assembly and shall be calculated in respect of each Contracting State: (a) in so far as the contribution is for the satisfaction of payments referred to in paragraph 1(i)(a) and (b) on the basis of a fixed sum for each ton of contributing oil received in the relevant State by such persons during the preceding calendar year; and (b) in so far as the contribution is for the satisfaction of payments referred to in paragraph 1(i)(c) of this Article on the basis of a fixed sum for each ton of contributing oil received by such person during the calendar year preceding that in which the incident in question occurred, provided that State was a party to this Convention at the date of the incident. 3. The sums referred to in paragraph 2 above shall be arrived at by dividing the relevant total amount of contributions required by the total amount of contributing oil received in all Contracting States in the relevant year. 4. The Assembly shall decide the portion of the annual contribution which shall be immediately paid in cash and decide on the date of payment. The remaining part of each annual contribution shall be paid upon notification by the Director. 5. The Director may, in cases and in accordance with conditions to be laid down in the Internal Regulations of the Fund, require a contributor to provide financial security for the sums due from him. 6. Any demand for payments made under paragraph 4 shall be called rateably from all individual contributors. Article 13 1. The amount of any contribution due under Article 12 and which is in arrear shall bear interest at a rate which shall be determined by the Assembly for each calendar year provided that different rates may be fixed for different circumstances. 2. Each Contracting State shall ensure that any obligation to contribute to the Fund arising under this Convention in respect of oil received within the territory of that State is fulfilled and shall take any appropriate measures under its law, including the imposing of such sanctions as it may deem necessary, with a view to the effective execution of any such obligation; provided, however, that such measures shall only be directed against those persons who are under an obligation to contribute to the Fund. 3. Where a person who is liable in accordance with the provisions of Articles 10 and 11 to make contributions to the Fund does not fulfil his obligations in respect of any such contribution or any part thereof and is in arrear for a period exceeding three months, the Director shall take all appropriate action against such person on behalf of the Fund with a view to the recovery of the amount due. However, where the defaulting contributor is manifestly insolvent or the circumstances otherwise so warrant, the Assembly may, upon recommendation of the Director, decide that no action shall be taken or continued against the contributor. Article 14 1. Each Contracting State may at the time when it deposits its instrument of ratification or accession or at any time thereafter declare that it assumes itself obligations that are incumbent under this Convention on any person who is liable to contribute to the Fund in accordance with Article 10, paragraph 1, in respect of oil received within the territory of that State. Such declaration shall be ma