Div 2Ships carrying or using oil

Division 2—Ships carrying or using oil 24B—Interpretation (1) Except insofar as the contrary intention appears, an expression that is used in this Division and in the Convention, including Annex I but not including any other Annex to the Convention, (whether or not a particular meaning is assigned to it by the Convention) has, in this Division, the same meaning as in the Convention. (2) For the purposes of this Division, a ship is not to be taken to comply with the provisions of Annex I if it does not comply with the regulations and orders referred to in section 24C. 24C—Regulations to give effect to Regulations 13 to 19 (inclusive) of Annex I (1) The regulations may make provision for and in relation to giving effect to Regulations 13 to 19 (inclusive) of Annex I. (2) Without limiting the generality of subsection (1), regulations made for the purposes of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section. (3) Orders made in pursuance of regulations made under subsection (1) are subject to disallowance by Parliament. (4) Sections 10, 11 and 12 of the Subordinate Legislation Act 1978 apply in relation to orders made in pursuance of regulations made under subsection (1) as if references in those sections to regulations were references to such orders. (5) Where an order made in pursuance of the regulations made under subsection (1) is inconsistent with a provision of this Act or the regulations, the latter prevails and the former is, to the extent of the inconsistency, of no force or effect. 24D—Ship construction certificates Where, on receipt of declarations of survey in respect of a ship, the Minister is satisfied that the ship is constructed in accordance with the provisions of Annex I, the Minister may, whether or not the ship is required by Annex I to be constructed in accordance with those provisions, issue in respect of the ship a ship construction certificate in the prescribed form attesting such compliance. 24E—Alteration etc of construction of ships and cancellation of certificates (1) Where the construction of a ship in respect of which a ship construction certificate issued under section 24D is in force is altered, or such a ship is damaged, in a manner which affects its compliance with the provisions of Annex I, the master or owner of the ship must, within seven 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. (2) Where a notice required to be given under subsection (1) is not given within the period referred to in that subsection, the obligation to give the notice continues, despite the expiry of the period, until the notice is given and 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. (3) Where the Minister has reason to believe that— (a) the report of a surveyor concerning a ship in respect of which a ship construction certificate issued under section 24D is in force was fraudulently or erroneously made or obtained; or (b) a ship construction certificate has been issued under section 24D in respect of a ship upon false or erroneous information; or (c) the construction of the ship in respect of which a ship construction certificate issued under section 24D 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 I; or (d) the owner of the ship in respect of which a ship construction certificate issued under section 24D is in force has failed to comply with section 24F in respect of the ship, the Minister may, by instrument, cancel the certificate. (4) Where the Minister cancels a ship construction certificate issued by the Minister in respect of a ship, the certificate is of no force or effect after the Minister 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) Where a ship construction certificate issued in respect of a ship is cancelled under this section, the Minister 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 Minister or to such other person as the Minister specifies, and the Minister may detain the ship until the requirement is complied with. 24F—Ships to be surveyed periodically (1) The owner of a ship in respect of which a ship construction certificate issued under section 24D is in force must, at least once during each period that is a prescribed period in relation to the ship for the purposes of this section, cause the ship to be surveyed for the purpose of ensuring its compliance with the provisions of Annex I. (2) Where the owner of a ship in respect of which a ship construction certificate issued under section 24D is in force fails to comply with subsection (1) in relation to the ship and to a period that is a prescribed period in relation to the ship, the owner is guilty of an offence. (a) if the offender is a natural person—$8 000; or (b) if the offender is a body corporate—$40 000. 24G—Requirement for ship construction certificates that is— (d) an oil tanker which has a gross tonnage of 150 or more; or (e) a ship, other than an oil tanker, which has a gross tonnage of 400 or more. (2) The master of a ship to which this section applies must not begin a voyage unless there is in force in respect of the ship a ship construction certificate. Maximum penalty: $40 000, or imprisonment for 4 years, or both. (3) The owner of a ship to which this section applies must 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—$40 000, or imprisonment for 4 years, or both; or (b) if the offender is a body corporate—$200 000. (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. ship construction certificate means— (a) a ship construction certificate issued under section 24D; or (b) a ship construction certificate issued under section 267B of the Navigation Act, 1912; or (c) a ship construction certificate issued under a law of another State or of the Northern Territory and being a certificate of the 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, 1912; 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. (6) The owner of a ship to which this section applies in respect of which a ship construction certificate is in force must cause the certificate to be carried on board the ship. Maximum penalty: $5 000.