36Master causing etc. performance of duties or functions without a seafarer certificate

36 Master causing etc. performance of duties or functions without a seafarer certificate

(1) The master of a regulated Australian vessel must not cause or permit another person to perform duties or functions in relation to the vessel if: (a) the regulations require the other person to hold a particular seafarer certificate in order to perform those duties or functions; and (b) the other person does not hold such a seafarer certificate. (2) Subsection (1) does not apply to the performance of duties or functions in exceptional circumstances. Fault‑based offence (3) A person commits an offence if the person contravenes subsection (1).

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Civil penalty (4) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 3,000 penalty units.

(5) A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.