Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The master of a regulated Australian vessel must not cause or permit another person to perform duties or functions in relation to the vessel if:
(a) the regulations require the other person to hold a particular seafarer certificate in order to perform those duties or functions; and
(b) the other person does not hold such a seafarer certificate.
(2) Subsection (1) does not apply to the performance of duties or functions in exceptional circumstances.
Fault - based offence
(3) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
Civil penalty
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 3,000 penalty units.
(5) A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.