87Offence—false or misleading statements in relation to having an ISSC

87 Offence—false or misleading statements in relation to having an ISSC

(1) The master of a regulated Australian ship commits an offence if: (a) the master makes a statement (whether orally, in a document or in any other way); and (b) the master does so knowing that the statement: (i) is false or misleading; or (ii) omits any matter or thing without which the statement is misleading; and (c) the statement is made in connection with whether an ISSC or interim ISSC is in force for the ship; and (d) any of the following subparagraphs applies: (i) the statement is made to a maritime industry participant; (ii) the statement is made to a person who is authorised by a Contracting state to the SOLAS Convention to request information about, or in connection with, whether a valid ISSC or interim ISSC is in force for the ship; (iii) the statement is made to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth; (iv) the statement is made in compliance or purported compliance with a law of the Commonwealth.

Penalty: 50 penalty units.

(2) Absolute liability applies to each of the subparagraph (1)(d)(i), (ii), (iii) and (iv) elements of the offence. (3) Subsection (1) does not apply as a result of subparagraph (1)(b)(i) if the statement is not false or misleading in a material particular.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

(4) Subsection (1) does not apply as a result of subparagraph (1)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).