PROTECTION OF THE SEA (CIVIL LIABILITY) ACT 1981 - SECT 16 Issue of insurance certificates

PROTECTION OF THE SEA (CIVIL LIABILITY) ACT 1981 - SECT 16

  (1)   The owner, master or agent of a ship to which this Part applies, being a ship that is registered in Australia or in a country that is not a country to which the Civil Liability Convention applies, may make application to the Minister for the issue of an insurance certificate in respect of the ship.

  (2)   An application under subsection   (1):

  (a)   shall be in accordance with the form approved in an instrument under subsection   (2A); and

  (b)   shall be lodged with a person who is a prescribed person for the purposes of this subsection.

  (2A)   The Minister may, by notifiable instrument, approve a form for the purposes of paragraph   (2)(a).

  (2B)   The Minister must cause the form to be published on the Authority's website.

  (3)   Where application is made to the Minister under subsection   (1) in respect of a ship, the Minister shall:

  (a)   if he or she is satisfied that the owner of the ship is maintaining insurance or other financial security in respect of the ship in an amount that will cover the limits of liability prescribed by paragraph   1 of Article V of the Convention in relation to the ship--issue to the applicant an insurance certificate in respect of the ship; or

  (b)   if he or she is not so satisfied--refuse to issue such a certificate in respect of the ship.

  (4)   An insurance certificate issued under subsection   (3) in respect of a ship:

  (a)   shall be in accordance with the form approved in an instrument under subsection   (4A), being a form which contains, but is not limited to containing, the particulars specified in paragraph   2 of Article VII of the Convention;

  (b)   comes into force on such day as is specified in the certificate; and

  (c)   remains in force, subject to this Part, until the expiration of such day as is specified in the certificate, being:

  (i)   the day that is the last day in the period of 12 months commencing on the day on which the certificate comes into force; or

  (ii)   the day that the Minister is satisfied is the last day in the balance of the period during which the insurance or other financial security in respect of the ship is to remain in force;

    whichever is the earlier day.

  (4A)   The Minister may, by notifiable instrument, approve a form for the purposes of paragraph   (4)(a).

  (4B)   The Minister must cause the form to be published on the Authority's website.

  (5)   Such fees (if any) as are prescribed are payable in respect of the issue of an insurance certificate in respect of a ship under this section.

  (6)   Where an insurance certificate is issued under this section in respect of a ship registered in Australia, the Minister shall cause a copy of the certificate to be forwarded to a person who is a prescribed person for the purposes of this subsection.