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

#### 267ZJ Alteration etc. of construction of ships and cancellation of certificates (1) Where the construction of an Australian ship in respect of which a sewage certificate is in force is altered, or such a ship is damaged, in a manner which affects its compliance with the provisions of Annex IV, 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. (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. (2A) 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. (3) 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 sewage certificate is in force was fraudulently or erroneously made or obtained; or (b) a sewage certificate has been issued in respect of an Australian ship upon false or erroneous information; or (c) the construction of an Australian ship in respect of which a sewage 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 IV; or (d) the owner of an Australian ship in respect of which a sewage certificate is in force has failed to comply with subsection 267ZK(1) in respect of the ship; the Authority may, by instrument in writing, cancel the certificate. (4) Where the Authority cancels a sewage 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. (5) If a sewage certificate issued in respect of an Australian ship is cancelled under this section, the Authority may: (a) require the certificate to be given to a specified person; and (b) detain the ship until the requirement is complied with. (6) The requirement under paragraph (5)(a) must be: (a) made by notice in writing; and (b) addressed to the owner, agent or master of the ship; and (c) served in accordance with the regulations. (7) Without limiting subsection (1) or (3), an Australian ship in respect of which a sewage certificate is in force must be taken to be damaged if the ship is unfit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.