Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019 (57 of 2019)
Schedule 1 Provisions commencing when new treaty comes into force
Part 16 Amendment of the Navigation Act 2012
Navigation Act 2012
85 After Division 3 of Part 3 of Chapter 4
Insert:
Division 3A - Australian-based foreign Greater sunrise vessels polluting or damaging the marine environment in the Greater Sunrise special regime area
143A Operating an Australian-based foreign Greater Sunrise vessel so as to pollute or damage the marine environment in the Greater Sunrise special regime area
(1) The master of an Australian-based foreign Greater Sunrise vessel must not operate the vessel in a manner that causes:
(a) pollution to the marine environment in seas that are above the Greater Sunrise special regime area; or
(b) damage to the marine environment in seas that are above the Greater Sunrise special regime area.
Fault-based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: 600 penalty units.
(3) Recklessness or negligence is the fault element for:
(a) the manner of operation of the vessel; and
(b) the result mentioned in paragraph (1)(a) or (b) occurring.
Civil penalty
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:
(a) for an aggravated contravention - 6,000 penalty units; or
(b) in any other case - 600 penalty units.
143B Failure to ensure Australian-based foreign Greater Sunrise vessel is operated so as not to cause pollution or damage to the marine environment in the Greater Sunrise special regime area
(1) The master of an Australian-based foreign Greater Sunrise vessel must ensure that the vessel is operated in a manner that does not cause:
(a) pollution to the marine environment in seas that are above the Greater Sunrise special regime area; or
(b) damage to the marine environment in seas that are above the Greater Sunrise special regime area.
Fault-based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: 600 penalty units.
(3) Recklessness or negligence is the fault element for:
(a) the manner of operation of the vessel; and
(b) the result mentioned in paragraph (1)(a) or (b) occurring.
Civil penalty
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:
(a) for an aggravated contravention - 6,000 penalty units; or
(b) in any other case - 600 penalty units.