Marginal note:Liability of Ship-source Oil Pollution Fund
84 Subject to the other provisions of this Part, the Ship-source Oil Pollution Fund is liable for the matters referred to in subsection 51(1) in relation to oil, if
(a) all reasonable steps have been taken to recover payment of compensation from the owner of the ship and, in the case of a Convention ship, from the International Fund and have been unsuccessful;
(b) the owner is not liable by reason of any of the defences described in subsection 51(3) and the International Fund is not liable either;
(c) the claim exceeds
(i) in the case of a Convention ship, the owner’s maximum liability under this Part to the extent that the excess is not recoverable from the International Fund, and
(ii) in the case of a ship other than a Convention ship, the owner’s maximum liability under Part 3;
(d) the owner is financially incapable of meeting the owner’s legal obligations under subsection 51(1), to the extent that the obligation is not recoverable from the International Fund;
(e) the cause of the oil pollution damage is unknown and the Administrator has been unable to establish that the occurrence that gave rise to the damage was not caused by a ship; or
(f) the Administrator is a party to a settlement under section 90.
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