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PROTECTION OF THE SEA (HARMFUL ANTI-FOULING SYSTEMS) ACT 2006 - SECT 12

Cancellation of anti - fouling certificates

  (1)   The Authority may cancel an anti - fouling certificate that is in force in respect of an Australian ship if the Authority has reason to believe that:

  (a)   the ship does not comply with the anti - fouling requirements; or

  (b)   the anti - fouling certificate was issued or endorsed upon false or erroneous information.

  (2)   The Authority may cancel an anti - fouling certificate under subsection   (1) whether or not the certificate was issued by the Authority.

Note:   Under section   10, an anti - fouling certificate can be issued by the Authority or by another survey authority.

  (3)   The cancellation takes effect when the Authority gives notice in writing of the cancellation:

  (a)   addressed to the master, owner or agent of the ship; and

  (b)   served in accordance with the regulations.

  (4)   If an anti - fouling certificate in respect of an Australian ship is cancelled under this section, the Authority may:

  (a)   require the certificate to be given to a specified person; and

  (b)   detain the ship until the requirement is complied with.

  (5)   The requirement under paragraph   (4)(a) must be:

  (a)   made by notice in writing; and

  (b)   addressed to the owner, agent or master of the ship; and

  (c)   served in accordance with the regulations.

  (6)   A requirement made by notice under paragraph   (5)(a) is not a legislative instrument.



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