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PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) AMENDMENT BILL 1986

Order of the Day read for the adjourned debate on the motion of the Minister for Resources and Energy (Senator Evans)-That this Bill be now read a second time.

Debate resumed.

Question-put and passed.

Bill read a second time.

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee

Clauses 1 to 5, by leave, taken together and agreed to.

Senator Vigor moved an amendment, viz: Page 2, after clause 5, insert the following new clause:

Interpretation

""5a. The Principal Act is amended by adding after section 8 the following section:

"8a. This Part has effect as if-

(a) that part of the line referred to in paragraph (9) of regulation 1 of Annex I to the Convention which is between the point latitude 9*00' South and the point latitude 21*00' South were 1*00' East of the position indicated in that paragraph; and

(b) that part of the sea in Bass Strait which lies between 143*00' East longitude and 149*00' East longitude and which is more than 50 nautical miles from the nearest land were less than 50 nautical miles from the nearest land.'.''.

Debate ensued.

Question-That the proposed new clause be inserted in the Bill-put.

The Committee divided-

AYES, 6

Senators- Chipp Haines Macklin (Teller) Sanders Siddons Vigor

NOES, 58

Senators- Alston Archer Aulich Baume, Michael Baume, Peter Bjelke-Petersen Black Bolkus Boswell Brownhill Carrick, Sir John Chaney Childs Coates Coleman Collard Colston Cook Crichton-Browne Crowley Devlin Durack Elstob Evans Foreman Gietzelt Giles Grimes Guilfoyle, Dame Margaret Hamer Harradine Hill Jessop Jones Knowles Lewis McIntosh McKiernan Maguire Messner Morris Newman Puplick Ray Reid (Teller) Reynolds Robertson Ryan Sheil Short Sibraa Tate Teague Townley Walters Watson Withers Zakharov

Amendment negatived accordingly.

Clauses 6 to 10, by leave, taken together and agreed to.

Senator Vigor moved an amendment, viz: Page 4, after clause 10, insert the following new clause:

""10a. After Part III of the Principal Act the following Part is inserted:

PART IIIA-PREVENTION OF POLLUTION BY RADIOACTIVE SUBSTANCE

Prohibition of discharge of radioactive substances in sea

"26a. (1) Subject to sub-section (3), if any discharge of a radioactive substance, or of a mixture containing a radioactive substance, being a substance or mixture carried as cargo or part cargo in bulk, occurs from an Australian 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-$100,000.

"(2) For the purposes of sub-section (1), ""radioactive substance'' means a substance having a specific activity greater than 350 becquerels per kilogram.

"(3) Sub-section (1) does not apply to the discharge of a radioactive substance or a mixture from a ship-

(a) into the coastal waters of a State as defined in the Coastal Waters (State Powers) Act 1980 or the coastal waters of the Northern Territory as defined in the Coastal Waters (Northern Territory Powers) Act 1980;

(b) for the purposes of securing the safety of a ship or saving life at sea;

(c) if the substance or the mixture, as the case may be, escaped from the ship in consequence of damage, other than intentional damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of the substance or the mixture, as the case may be; or

(d) if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by a prescribed officer and, where the discharge occurred in the jurisdiction of the government of a country other than Australia, by that government.

"(4) For the purposes of sub-section (3), damage to a ship or to its equipment shall be taken to be intentional damage if, and only if, the damage arose in circumstances in which the master or owner of the ship-

(a) acted with intent to cause the damage; or

(b) acted recklessly and with knowledge that damage would probably result.'.''.

Debate ensued.

Question-That the proposed new clause be inserted in the Bill-put.

The Committee divided-

AYES, 6

Senators- Chipp Haines Macklin (Teller) Sanders Siddons Vigor

NOES, 57

Senators- Alston Archer Aulich Baume, Michael Baume, Peter Bjelke-Petersen Black Bolkus Boswell Brownhill Carrick, Sir John Childs Coates Coleman Collard Colston Cook Crichton-Browne Crowley Devlin Durack Elstob Evans Foreman Gietzelt Giles Grimes Guilfoyle, Dame Margaret Hamer Harradine Hill Jessop Jones Knowles Lewis McIntosh McKiernan Maguire Messner Morris Newman Puplick Ray Reid (Teller) Reynolds Robertson Ryan Sheil Short Sibraa Tate Teague Townley Walters Watson Withers Zakharov

Amendment negatived accordingly.

Remainder of Bill, by leave, taken as a whole and agreed to.

Bill to be reported without amendment.

The Acting Deputy-President (Senator Townley) resumed the Chair; and the Chairman of Committees (Senator Hamer) reported accordingly.

On the motion of the Minister for Veterans' Affairs (Senator Gietzelt) the Report from the Committee was adopted, and the Bill read a third time.