Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) This section applies to –
that is –(a) a trading vessel 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 –
(d) an oil tanker of 150 tons gross tonnage and above;
(e) a ship, other than an oil tanker, of 400 tons gross tonnage and above.
(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.
(3) A person who contravenes subsection (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding 1 000 penalty units, or imprisonment for a term not exceeding 4 years.
(4) 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.
(5) A person who contravenes subsection (4) is guilty of an offence and is liable on summary conviction –
(a) if the offender is a natural person– to a fine not exceeding 1 000 penalty units, or imprisonment for a term not exceeding 4 years; or
(b) if the offender is a body corporate– to a fine not exceeding 4 000 penalty units.
(6) The regulations may exempt ships included in a prescribed class of ships from the application of subsection (1), either absolutely or subject to conditions.
(7) In this section, "ship construction certificate" means –
(a) a ship construction certificate issued under section 43;
(b) a ship construction certificate issued under section 267B of the Navigation Act;
(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; 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.
(8) 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.
(9) A person who fails to comply with subsection (8) is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units.