267SAlteration etc. of construction of ships and cancellation of certificates

#### 267S Alteration etc. of construction of ships and cancellation of certificates (1) Where the construction of an Australian ship in respect of which a chemical tanker construction certificate is in force is altered, or such a ship is damaged, in a manner which affects its compliance with the provisions of Annex II, the master or owner of the ship shall, within 7 days after the construction of the ship is altered or the ship is damaged, as the case may be, give a notice in writing of the alteration or damage to such person, and in such form, as are prescribed and, if the notice is not so given, the master and the owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding $1,000. (1A) Without limiting the generality of subsection (1), an Australian ship in respect of which a chemical tanker construction certificate is in force shall, for the purposes of that subsection, be taken to be damaged if the ship becomes unfit to proceed to sea without presenting an unreasonable threat of harm to the marine environment. (2) Where a notice required to be given under subsection (1) is not given within the period referred to in that subsection, the following provisions of this subsection have effect: (a) the obligation to give the notice continues, notwithstanding that that period has expired, until the notice is given; (b) the master and the owner of the ship are each guilty of a separate and further offence in respect of each day during which the notice is not given, being a day after the expiration of that period; (c) the penalty applicable to each such separate and further offence is a fine not exceeding $1,000. (3) An offence under subsection (1) or (2) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (5) Where the Authority has reason to believe that: (a) the report of a surveyor in respect of an Australian ship in respect of which a chemical tanker construction certificate is in force was fraudulently or erroneously made or obtained; (b) a chemical tanker construction certificate has been issued in respect of an Australian ship upon false or erroneous information; (c) the construction of an Australian ship in respect of which a chemical tanker construction certificate is in force has been altered, or such a ship has been damaged, in a manner which affects its compliance with the provisions of Annex II; or (d) the owner of an Australian ship in respect of which a chemical tanker construction certificate is in force has failed to comply with section 267S in respect of the ship; it may, by instrument in writing, cancel the certificate. (6) Where the Authority cancels a chemical tanker construction certificate issued in respect of an Australian ship, the certificate is of no force or effect after the Authority has given notice in writing of the cancellation addressed to the owner, agent or master of the ship and served in accordance with the regulations. (7) Where a chemical tanker construction certificate issued in respect of an Australian ship is cancelled under this section, the Authority may, by notice in writing addressed to the owner, agent or master of the ship and served in accordance with the regulations, require the certificate to be delivered up to the Authority or to such other person as the Authority specifies, and the Authority may detain the ship until the requirement is complied with.