Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person is the registered owner or master of a ship to which this Part applies; and
(b) the ship:
(i) enters or leaves a port in Australia; or
(ii) arrives at or leaves an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory; and
(c) at the time the ship does so, the ship does not have on board an appropriate insurance certificate for the ship that is in force.
(2) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
(3) Subsection (1) does not apply if:
(a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and
(b) the issuer of the certificate has notified the Secretary - General that it maintains records in an electronic form that attest to the existence of the certificate; and
(c) the records are accessible to all countries to which the Bunker Oil Convention applies.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code .
(4) An offence against subsection (1) is an indictable offence.