Commonwealth Consolidated Acts

PROTECTION OF THE SEA (CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE) ACT 2008 - SECT 21

  (1)   An enforcement officer may detain a ship to which this Part applies in a port in Australia if the officer has reasonable grounds to believe that, at the time the ship attempts to leave the port, there is not an appropriate insurance certificate for the ship that is in force.

  (2)   The officer may detain the ship until the certificate is produced to the officer or the officer is satisfied that the certificate has been obtained.

  (3)   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)   an enforcement officer has detained the ship under subsection   (1) in a port in Australia; and

  (c)   the ship leaves the port while it is under detention.

Penalty:   2,000 penalty units.

  (4)   An offence against subsection   (3) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

  (5)   An offence against subsection   (3) is an indictable offence.