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PROTECTION OF THE SEA (CIVIL LIABILITY) ACT 1981 - SECT 19C

Insurance certificates to be carried on ships to which Part applies

  (1)   If a ship enters or leaves, or attempts to enter or leave, a port in Australia without carrying on board a relevant insurance certificate in respect of the ship, the master and the owner of the ship each commit an offence punishable, upon conviction, by a fine of not more than 500 penalty units.

  (2)   An officer may require the master or other person in charge of a ship to produce a relevant insurance certificate in respect of the ship and, if the master or other person refuses or fails to produce such a certificate to the officer, he or she commits an offence punishable, upon conviction, by a fine of not more than 20 penalty units.

  (3)   If an officer has reasonable grounds to believe that the master or other person in charge of a ship is attempting to take the ship out of a port in Australia at a time when the ship is not carrying on board a relevant insurance certificate in respect of the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.

  (4)   The master of a ship detained at a port under subsection   (3), and the owner of such a ship, each commit an offence punishable on conviction by a fine of not more than 500 penalty units if the ship leaves the port before it has been released from detention.

  (5)   Strict liability applies to subsections   (1), (2) and (4).

  (6)   Chapter   2 of the Criminal Code applies to an offence against this section.



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