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SHIPPING REGISTRATION ACT 1981 - SECT 33 Concealing Australian nationality

SHIPPING REGISTRATION ACT 1981 - SECT 33

Concealing Australian nationality

  (1)   If the master or owner of an Australian ship does anything, or permits anything to be done that results in:

  (a)   concealing the nationality of the ship from any person entitled by a law of the Commonwealth or of a State or Territory to inquire into the nationality of the ship; or

  (b)   deceiving any such person; or

  (c)   the ship appearing not to be an Australian ship;

the ship is subject to forfeiture under this Act, and the master and owner each commit an offence.

  (2)   Subsection   ( 1) does not apply if the master or owner of the ship does the thing to escape capture by an enemy.

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

  (3)   An offence based on subsection   ( 1) is an offence of strict liability.

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