7BSafety certificate to be in force — liquefied gases in bulk

7B Safety certificate to be in force — liquefied gases in bulk

 7B.1 The master of a vessel must not permit liquefied gases in bulk to be loaded onto or unloaded from the vessel at a relevant port if an appropriate safety certificate is not in force for the vessel.

 7B.2 An offence against subsection 7B.1 is a strict liability offence.

 7B.3 A person is liable to a civil penalty if the person contravenes subsection 7B.1.

 7B.4 The owner of a vessel must ensure that liquefied gases in bulk are not loaded onto or unloaded from the vessel at a relevant port if an appropriate safety certificate is not in force for the vessel.

 7B.5 An offence against subsection 7B.4 is a strict liability offence.

 7B.6 A person is liable to a civil penalty if the person contravenes subsection 7B.4.

 7B.7 In this section:

appropriate safety certificate means:

(a) for a vessel constructed before 1 July 1986 — either of the following:

 (i) a valid Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, issued in accordance with the GC Code;

 (ii) a valid Certificate of Fitness, issued in accordance with the EGC Code; and

(b) for a vessel constructed after 30 June 1986 — a valid International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, issued in accordance with the IGC Code.

8 General provisions about safety certificates

 Application for safety certificate

 8.1 For subsection 99(1) of the Navigation Act, the kinds of certificates mentioned in sections 7A and 7B are safety certificates.

 Issue of safety certificates

 8.2 For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a safety certificate of a kind mentioned in section 7A or 7B for a regulated Australian vessel are that:

(a) the vessel has been surveyed in accordance with the relevant Code; and

(b) the vessel complies with the relevant Code.

 Duration of safety certificates

 8.3 For subsection 314(3) of the Navigation Act, a safety certificate of a kind mentioned in section 7A or 7B ceases to be in force at the earliest of:

(a) the end of the period mentioned in the certificate; or

(b) the end of the maximum period mentioned in the relevant Code; or

(c) when it is revoked.

 Variation of safety certificates

 8.4 For subsection 101(1) of the Navigation Act, the criteria for a variation of a safety certificate of a kind mentioned in section 7A or 7B are that:

(a) a written application for a variation of the certificate is made to the issuing body, stating the nature of variation sought; and