227BShips not to be overloaded

#### 227B Ships not to be overloaded (1) If: (a) a ship registered in Australia that is overloaded goes to sea from, or arrives at, any port, or is on any voyage; or (b) a ship not registered in Australia that is overloaded goes to sea from, or arrives at, a port in Australia; the master and owner of the ship are each guilty of an indictable offence punishable upon conviction by a fine not exceeding $2,000 and by an additional fine not exceeding an amount calculated at the rate of such amount as is applicable to the ship in accordance with the table at the foot of this subsection (having regard to the gross tonnage of the ship if the ship is a passenger ship, or the deadweight tonneage of the ship if the ship is a cargo ship) for each 25 millimetres or part thereof by which the ship is overloaded. | 1—Gross tonnage (passenger ships) | Amount | | --------------------------------------------------------- | ------ | | | $ | | Not exceeding 1,000 tons........................ | 500 | | Exceeding 1,000 tons but not exceeding 5,000 tons....... | 1,000 | | Exceeding 5,000 tons but not exceeding 10,000 tons...... | 2,000 | | Exceeding 10,000 tons but not exceeding 20,000 tons..... | 4,000 | | Exceeding 20,000 tons but not exceeding 40,000 tons..... | 6,000 | | Exceeding 40,000 tons......................... | 8,000 | | 2—Deadweight tonneage (cargo ships) | | | Not exceeding 1,000 tonnes ...................... | 500 | | Exceeding 1,000 tonnes but not exceeding 5,000 tonnes.... | 1,000 | | Exceeding 5,000 tonnes but not exceeding 10,000 tonnes... | 2,000 | | Exceeding 10,000 tonnes but not exceeding 20,000 tonnes.. | 4,000 | | Exceeding 20,000 tonnes but not exceeding 40,000 tonnes.. | 6,000 | | Exceeding 40,000 tonnes........................ | 8,000 | (1A) An offence under subsection (1) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (2) The Authority may certify in writing, in relation to a ship specified in the certificate, that: (a) having regard to the Register Book issued by the Committee of Lloyd’s Register of Shipping and Supplements to that Register; or (b) having regard to the report of a surveyor furnished to it for the purposes of the certificate; it is satisfied that, on a date specified in the certificate, the gross tonnage of the ship or the deadweight tonneage of the ship, as the case may be, was such number of tons or tonnes, as the case requires, as is specified in the certificate, and, in proceedings for an offence against subsection (1) in respect of the ship, the certificate is evidence that the gross tonnage of the ship or the deadweight tonneage of the ship, as the case may be, was, on the date so specified, the number of tons or tonnes, as the case requires, so specified. (3) It is a defence in proceedings for an offence against subsection (1) in respect of a ship if it is proved that the circumstances giving rise to the offence were due only to a deviation or delay of the ship caused solely by stress of weather or other circumstances which neither the master nor owner of the ship could have prevented or forestalled. > Note: A defendant bears a legal burden in relation to the matter in subsection (3) (see subsection 13.4 of the Criminal Code).