405KPower of inspection of surveyors

405K Power of inspection of surveyors

(1) A surveyor may at any reasonable time go on board a ship that is at a port in Australia, being a ship that is registered in a Tonnage Measurement Convention country and is a ship to which the Tonnage Measurement Convention applies, and: (a) may require the production of the International Tonnage Certificate (1969) issued in respect of the ship; and (b) may inspect the ship, or any part of the ship, for the purpose of verifying that the main characteristics of the ship correspond to the data given in the certificate. (2) A person shall not fail to comply with a requirement made by a surveyor under subsection (1).

Penalty: $500.

(3) Subsection (2) does not apply if the person has a reasonable excuse.

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) An offence under subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.