227AShips not to proceed to sea without load line certificates

#### 227A Ships not to proceed to sea without load line certificates (1) The master or owner of a ship registered in Australia shall not take the ship to sea, or permit the ship to be taken to sea, on any voyage, and the master or owner of a ship not registered in Australia, other than a non‑Australian Load Line Convention ship, shall not take the ship to sea, or permit the ship to be taken to sea, on a voyage from a port in Australia unless: (a) where the ship is registered in Australia and is a ship to which the Load Line Convention applies or would be such a ship if it were engaged on international voyages—there is in force in respect of the ship an international load line certificate, and any international load line exemption certificate that is in force in respect of the ship applies to the voyage; or (b) in any other case—there is in force in respect of the ship: (i) an Australian load line certificate; or (ii) a certificate, or a certificate in a class of certificates, recognised in a determination made under subsection (1AA) as equivalent to an Australian load line certificate. Penalty: $5,000 or imprisonment for 2 years, or both. (1AA) Where the Authority is of the opinion that a certificate issued under the law of a State or Territory or of a country other than Australia is equivalent to an Australian load line certificate, the Authority may determine, in writing: (a) that the certificate is so recognised; or (b) that, if specified conditions are satisfied in relation to the ship in respect of which the certificate was issued, the certificate is so recognised. (2) Where the Authority, after having regard to any certificate relating to load lines that is in force in respect of a ship that is not registered in Australia and is not a non‑Australian Load Line Convention ship, is satisfied that it can do so without danger to the ship or its passengers or crew, it may, subject to such conditions, if any, as are specified in the exemption, exempt the master and the owner of the ship from compliance with subsection (1) in respect of a voyage specified in the exemption. (3) Where application is made to an officer of Customs in respect of a ship, not being a non‑Australian Load Line Convention ship, for a clearance under the Customs Act for a voyage from a port in Australia, the master of the ship shall, if so required by the officer of Customs, produce to the officer of Customs the certificate required by subsection (1) to be in force in respect of the ship and any international load line exemption certificate in force in respect of the ship, and the officer of Customs may refuse to grant the clearance, and the ship may be detained, until the certificate is, or the certificates are, produced to that officer. (4) Where application is made to an officer of Customs in respect of a non‑Australian Load Line Convention ship for a clearance under the Customs Act for a voyage from a port in Australia, the master of the ship shall, if so required by the officer of Customs, produce to the officer of Customs a valid Load Line Convention certificate in respect of the ship and any valid Load Line Convention exemption certificate in force in respect of the ship, and the officer of Customs may refuse to grant the clearance, and the ship may be detained, until the certificate is, or the certificates are, produced to that officer.