(Reg 17.1 of Annex II of MARPOL)
(1) The master and the owner of a prescribed ship that is in State waters are each guilty of an offence if there is not a shipboard marine pollution emergency plan for noxious liquid substances that complies with this Division, and is approved by the Minister, on board the ship.Maximum penalty: $55,000.
(2) In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove that a ship is a prescribed ship and that it was in State waters without a shipboard marine pollution emergency plan for noxious liquid substances that complies with this Division on board.
(3) In this section:
"prescribed ship" means an Australian ship:(a) that has a gross tonnage of 150 or more, and(b) that is certified to carry noxious liquid substances in bulk.