Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An enforcement officer may require the master or other person in charge of a ship to which this Part applies to produce to the officer an appropriate insurance certificate for the ship that is in force if:
(a) for a ship that is registered in Australia--the ship is in Australia; or
(b) for any other ship--the ship is at a port in Australia or at 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.
Offence
(2) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1); and
(b) the person fails to comply with the requirement.
(3) An offence against subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
(4) Subsection (2) does not apply if:
(a) an appropriate insurance certificate for the ship is in force at the time the requirement under subsection (1) is made; 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 (4): see subsection 13.3(3) of the Criminal Code .