Commonwealth Consolidated Acts

PROTECTION OF THE SEA (CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE) ACT 2008 - SECT 17

  (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 is registered in Australia; and

  (c)   at the time the ship is in operation, the ship does not have on board an appropriate insurance certificate for the ship that is in force.

Penalty:   500 penalty units.

  (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.