Part 9Registration and Australian Builders Plates

Part 9—Registration and Australian Builders Plates Division 1—Registration of vessels 54—Application of Division This Division applies to— (a) a vessel fitted with an engine; and (b) any other vessel of a class declared by regulation to be a class of vessels to which this Division applies. 55—Registration (1) A vessel to which this Division applies must not be operated in the jurisdiction unless it is registered and marked in accordance with the regulations. (2) If a vessel to which this Division applies is operated in the jurisdiction contrary to this section, the owner and operator of the vessel are each guilty of an offence (but it is a defence to a charge of such an offence brought against the owner for the owner to prove that the vessel was operated without the owner's consent). Expiation fee: (a) if the vessel is registered but not marked in accordance with the regulations—$210; (b) if the vessel is marked in accordance with the regulations but not registered—$315; (c) if the vessel is neither registered nor marked in accordance with the regulations—$525. (3) The CE may, subject to such conditions as the CE thinks fit, grant exemptions from the requirements of this section. Division 4—Australian Builders Plates 64A—Application of Division (1) This Division applies in respect of vessels of a class declared by regulation to be a class of vessels in respect of which an Australian Builders Plate is required. (2) Nothing in this Division affects a provision under this Act requiring— (a) the operator of a vessel to ensure that the number of persons carried on the vessel does not exceed the number stated on a compliance plate affixed to the vessel or set out in the regulations (as the case may require); or (b) a compliance plate to be affixed to a vessel. 64B—Certain vessels not to be sold without Australian Builders Plate affixed etc (1) A person must not, without the approval of the CE, sell or supply a vessel to which this Division applies unless— (a) an Australian Builders Plate is affixed to the vessel in accordance with the regulations; and (b) the information contained on the Australian Builders Plate is correct at the time of the sale or supply. Maximum penalty: $10 000. (2) This section does not apply in the case of the sale or supply of a vessel— (a) declared by the regulations to have been constructed before the commencement of this section; or (b) that is the second, or a subsequent, sale or supply of the vessel (disregarding any sale or supply that is for a purpose related to the manufacture of the vessel). (3) A person must not affix, or cause to be affixed, an Australian Builders Plate to a vessel if the person knows, or ought reasonably to have known, that the information contained on the plate was incorrect. (4) A person must not alter an Australian Builders Plate affixed to a vessel if the person knows, or ought reasonably to have known, that the alteration would result in the information contained on the plate being incorrect. (5) A person must not remove an Australian Builders Plate that is affixed to a vessel except— (a) in order to replace it with another Australian Builders Plate; or (b) with the approval of the CE. (6) A person must not deface or conceal an Australian Builders Plate that is affixed to a vessel. (7) In this section— sell or supply includes offer for sale or supply. 64C—General defence (1) It is a defence to a charge of an offence against section 64B(1) if the defendant believed on reasonable grounds that the vessel— (a) was to be exported as soon as practicable after the sale of the vessel by the defendant; or (b) was to be used solely for the purpose of racing in organised events (including training in, or testing of, the vessel in respect of such racing). (2) It is a defence to a charge of an offence against section 64B(1), (5) or (6) if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence. Australia includes the external Territories; exported means exported to a place outside of Australia.