Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the master or owner of an Australian ship does anything, or permits anything to be done that results in:
(a) concealing the nationality of the ship from any person entitled by a law of the Commonwealth or of a State or Territory to inquire into the nationality of the ship; or
(b) deceiving any such person; or
(c) the ship appearing not to be an Australian ship;
the ship is subject to forfeiture under this Act, and the master and owner each commit an offence.
(2) Subsection (1) does not apply if the master or owner of the ship does the thing to escape capture by an enemy.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
(3) An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .