PROTECTION OF THE SEA (CIVIL LIABILITY) ACT 1981 - SECT 15 Insurance certificates to be carried on certain ships
PROTECTION OF THE SEA (CIVIL LIABILITY) ACT 1981 - SECT 15
Insurance certificates to be carried on certain ships(1) Where a ship to which this Part applies enters or leaves, or attempts to enter or leave, a port in Australia, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial sea of Australia, without carrying on board the ship a relevant insurance certificate in respect of the ship, being such a certificate that is in force, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:
(a) in the case of the master--500 penalty units;
(b) in the case of the owner, if the owner is not a body corporate--500 penalty units; and
(c) in the case of the owner, if the owner is a body corporate--1,000 penalty units.
(2) Where a ship to which this Part applies, being a ship registered in Australia, enters or leaves, or attempts to enter or leave, a port in a country other than Australia, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial sea of a country other than Australia, without carrying on board the ship a relevant insurance certificate in respect of the ship, being such a certificate that is in force, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:
(a) in the case of the master--500 penalty units;
(b) in the case of the owner, if the owner is not a body corporate--500 penalty units; and
(c) in the case of the owner, if the owner is a body corporate--1,000 penalty units.
(3) Where, otherwise than in circumstances to which subsection (1) applies or, in the case of a ship registered in Australia, to which subsection (2) applies, at any time a relevant insurance certificate is in force in respect of a ship to which this Part applies and is not carried on board the ship, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding:
(a) in the case of the master--20 penalty units;
(b) in the case of the owner, if the owner is not a body corporate--20 penalty units; and
(c) in the case of the owner, if the owner is a body corporate--50 penalty units.
(3A) An offence under subsection (1), (2) or (3) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
(4) An officer may require the master or other person in charge of a ship to which this Part applies to produce a relevant insurance certificate in respect of the ship, being such a certificate that is in force, and, if he or she fails to produce the certificate to the officer, he or she commits an offence against this subsection punishable, upon conviction, by a fine not exceeding 20 penalty units.
(4A) An offence under subsection (4) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
(5) Where an officer has reasonable grounds to believe that the master or other person in charge of a ship to which this Part applies is attempting to take the ship out of a port in Australia at a time when a relevant insurance certificate in respect of the ship, being such a certificate that is in force, is not being carried on board the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.
(6) This section is not intended to exclude or limit the concurrent operation of a provision of a law of a State giving effect to paragraphs 1, 2 and 3 of Article VII of the Convention in relation to a ship that is not a regulated Australian vessel.
(7) For the purposes of this section, a relevant insurance certificate in respect of a ship is:
(a) if the ship is registered in Australia and is not a Government ship:
(i) in the case of a ship that is a regulated Australian vessel--a certificate issued under section 16 in respect of the ship; or
(ii) in the case of a ship that is not a regulated Australian vessel--a certificate issued under section 16 in respect of the ship, or a certificate issued in respect of the ship under a law of a State that makes provision giving effect to paragraphs 1, 2 and 3 of Article VII of the Convention in relation to that ship; or
(b) if the ship is registered in a country to which the Civil Liability Convention applies and is not a Government ship--a certificate issued, for the purposes of Article VII of the Convention, by or under the authority of the Government of that country; or
(c) if the ship is registered in a country that is not a country to which the Civil Liability Convention applies and is not a Government ship--a certificate issued under section 16 or a certificate that is, under the regulations, to be taken to be a relevant insurance certificate in respect of the ship for the purposes of this paragraph; or
(d) if the ship is owned by the Commonwealth--a certificate issued under section 18 in respect of the ship; or
(e) if the ship is owned by a State:
(i) a certificate issued under section 18 in respect of the ship; or
(ii) a certificate issued under a provision of the law of the State that makes provision in relation to ships owned by the State that corresponds with the provisions of section 18 in relation to ships owned by the Commonwealth; or
(f) if the ship is owned by the Government of a country other than Australia--a certificate of a kind referred to in subsection 18(1) issued by the Government of that country.
(8) In this section, officer means:
(a) an officer of Customs within the meaning of the Customs Act 1901 ; or
(b) an inspector within the meaning of the Navigation Act 2012 ; or
(c) a person included in a class of persons declared by the
regulations to be a class of officers for the purposes of this section.