150Requirement for ship construction certificate

150 Requirement for ship construction certificate

150 Requirement for ship construction certificate

(1) The master of a prescribed ship must not begin a voyage unless there is a ship construction certificate in force in respect of the ship.

Maximum penalty—$11,000 or imprisonment for 4 years, or both.

(2) The owner of a prescribed ship must not permit the ship to begin a voyage unless a ship construction certificate is in force in respect of the ship.

Maximum penalty—

(a) in the case of an individual—$11,000 or imprisonment for 4 years, or both, or

(b) in the case of a corporation—$55,000.

(3) The owner of a prescribed ship in respect of which a ship construction certificate is in force must ensure that the certificate is carried on board the ship.

Maximum penalty—$1,100.

(4) In this section—

prescribed ship means a ship—

(a) that is—

(i) an oil tanker that has a gross tonnage of 150 or more, or

(ii) a ship, other than an oil tanker, that has a gross tonnage of 400 or more, and

(b) engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to MARPOL.

ship construction certificate means—

(a) an International Oil Pollution Prevention Certificate issued under section 132 of the Navigation Act 2012 of the Commonwealth, or

(b) a ship construction certificate issued under a law of another State or the Northern Territory that is a certificate of a kind prescribed by the regulations as acceptable for the purposes of this Part, or

(c) an International Oil Pollution Prevention Certificate issued to—

(i) a foreign ship under section 319 of the Navigation Act 2012 of the Commonwealth, or

(ii) a foreign ship under the law of a country other than Australia giving effect to Regulation 7 of Annex I of MARPOL, or

(iii) an Australian ship under the law of a country other than Australia giving effect to Regulation 8 of Annex I of MARPOL.