Emergency Contact Oil Pollution indemnity clause for penalties and fines Home Latest updates Publications Oil Pollution indemnity clause for penalties and fines 7 Mar 2013 Download page as PDF Sign up for alerts Oil Pollution indemnity clause for penalties and fines CIRCULAR 05/13 7th March 2013 TO ALL MEMBERS, In October 2012, an International Group recommended charterparty clause was drafted to address the concerns raised by owners and charterers in respect of the amendments to Australian legislation introducing increased penalties for pollution from ships and damage to the marine environment. Since the recommended clause was circulated to Members, there have been further developments in relation to the Australian legislation and further consideration of the wording of the recommended clause, which has been updated as attached and further explained below: Increase in the amount of penalties On 28th December 2012, a new regulation came into force in Australia escalating the monetary value of financial penalties for Federal offences. The increase in penalty unit valuations is only applicable to offences committed on or after 28th December 2012. The changes affect fines calculated on penalty units, such as fines imposed under the Protection of the Sea Act 1983, which imposes fines ranging from 500 penalty units to 20,000 penalty units for the offence of discharging oil or oily mixtures into the sea. Under the previous penalty unit calculation, this resulted in maximum fines of AUD 2.2 million for an individual and AUD 11 million for a corporation. Under the new penalty unit calculation, the applicable maximum fines are now AUD 3.4 million for an individual and AUD 17 million  for a corporation. Amendments to the International Group recommended clause and explanatory notes Legal/Defence costs A new subparagraph (b) iii. has been inserted to address the concerns that prosecution legal costs and/or expenses might be passed onto the defending party. Subparagraph (b)