SHIPPING REGISTRATION ACT 1981 - SECT 20 Custody of registration certificate

SHIPPING REGISTRATION ACT 1981 - SECT 20

  (1)   The registration certificate of a ship shall not be used except for the purpose of the lawful navigation of the ship, and shall not be subject to detention by reason of a claim by an owner, mortgagee, charterer, operator or any other person to any title to, lien or charge on, or interest in, the ship.

  (2)   A person having possession or control of a registration certificate shall not fail to deliver the certificate on demand to the person entitled to the custody of it for the purposes of the lawful navigation of the ship, or to the Registrar, a Deputy Registrar, a proper officer or any other person entitled by law to require its delivery.

  (2A)   Subsection   ( 2) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   ( 2A) (see subsection   13.3(3) of the Criminal Code ).

  (2B)   An offence based on subsection   ( 2) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (3)   If, in any proceedings in respect of an offence against this section in relation to a registration certificate, the court is of the opinion that the certificate is lost, the court shall make an order to that effect and cause an office copy of the order to be served on the Registrar.

  (4)   In this section, registration certificate includes a provisional registration certificate.