40Requirement for ship construction certificates

40 Requirement for ship construction certificates

(a) a trading ship proceeding on an intra-state voyage;

(c) a pleasure vessel—

that is—

(d) an oil tanker of 150 tons gross tonnage and above; or

(e) a ship, other than an oil tanker, of 400 tons gross tonnage and above.

(2) The master of a ship to which this section applies shall not begin a voyage unless there is in force in respect of the ship a ship construction certificate.

Penalty: 100 penalty units or imprisonment for 4 years, or both.

(3) The owner of a ship to which this section applies shall not permit the ship to begin a voyage unless there is in force in respect of the ship a ship construction certificate.

(a) if the offender is a natural person—100 penalty units or imprisonment for 4 years, or both; or

S. 40(3)(b) amended by No. 46/1991
s. 26(a).

S. 40(3A) inserted by No. 46/1991
s. 26(b).

(3A) An offence against subsection (2) or (3) is an indictable offence.

(4) The regulations may exempt ships included in a prescribed class of ships from the application of subsection (1), either absolutely or subject to conditions.

(5) In this section ship construction certificate means—

(a) a ship construction certificate issued under section 37; or

(b) a ship construction certificate issued under section 267B of the Navigation Act; or

(c) a ship construction certificate issued under a law of another State or the Northern Territory and being a certificate of a kind prescribed as acceptable for the purposes of this Division; or

(d) an International Oil Pollution Prevention Certificate issued to a foreign ship under section 267C of the Navigation Act; or

(e) an International Oil Pollution Prevention Certificate issued to an Australian ship under the law of a country other than Australia giving effect to Regulation 6 of Annex I.

S. 40(6) amended by No. 46/1991
s. 26(c).

(6) The owner of a ship to which this section applies in respect of which a ship construction certificate is in force shall cause the certificate to be carried on board the ship.

Division 3—Prevention of Pollution from Ships Convention (ships carrying noxious liquid substances in bulk)