New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 39

39 Requirement for ship construction certificates

(1) This section applies to:

(a) a trading ship proceeding on an intra-state voyage,

(b) an Australian fishing vessel proceeding on a voyage other than an overseas voyage, or

(c) a pleasure vessel,

that is:

(d) an oil tanker that has a gross tonnage of 150 or more, or

(e) a ship, other than an oil tanker, that has a gross tonnage of 400 or more.

(2) The master of a ship to which this section applies shall not begin a voyage unless there is in force in respect of the ship a ship construction certificate.

Penalty: 100 penalty units or imprisonment for 4 years, or both.

(3) The owner of a ship to which this section applies shall not permit the ship to begin a voyage unless there is in force in respect of the ship a ship construction certificate.

Penalty:

(a) if the offender is a natural person-100 penalty units or imprisonment for 4 years, or both, or

(b) if the offender is a body corporate-500 penalty units.

(4) In this section "ship construction certificate" means:

(a) a ship construction certificate issued under section 36,

(b) a ship construction certificate issued under section 267B of the Navigation Act 1912 of the Commonwealth,

(c) a ship construction certificate issued under a law of another State or the Northern Territory and being a certificate of a kind prescribed as acceptable for the purposes of this Division,

(d) an International Oil Pollution Prevention Certificate issued to a foreign ship under section 267C of the Navigation Act 1912 of the Commonwealth, or

(e) an International Oil Pollution Prevention Certificate issued to an Australian ship under the law of a country other than Australia giving effect to Regulation 6 of Annex I.

(5) The owner of a ship to which this section applies in respect of which a ship construction certificate is in force shall cause the certificate to be carried on board the ship.

Penalty: 10 penalty units.