New South Wales Consolidated Acts

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MARINE POLLUTION ACT 2012 - SECT 91

Duty of other persons to report if report incomplete

91 Duty of other persons to report if report incomplete

(Article I (2) of Protocol I of MARPOL) (cf former Act ss 10 (3) and 20 (3))

(1) The owner, charterer, manager or operator of a ship and any agent of the owner, charterer, manager or operator of the ship are each guilty of an offence if a notification provided under Division 2 is provided in an incomplete form and the missing particulars are not reported to the Minister without delay.
Maximum penalty:
(a) in the case of an individual--$121,000, or
(b) in the case of a corporation--$2,750,000.
(2) In a prosecution of a person for an offence against this section in relation to a reportable incident, it is a defence if the person proves that the person was not aware of the incident.
(3) Subsection (2) does not limit any defence that would, but for that subsection, be available to a person charged with an offence under this section.



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