15Insurance certificates to be carried on certain ships

15 Insurance certificates to be carried on certain ships

(1) Where a ship to which this Part applies enters or leaves, or attempts to enter or leave, a port in Australia, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial sea of Australia, without carrying on board the ship a relevant insurance certificate in respect of the ship, being such a certificate that is in force, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding: (a) in the case of the master—500 penalty units; (b) in the case of the owner, if the owner is not a body corporate—500 penalty units; and (c) in the case of the owner, if the owner is a body corporate—1,000 penalty units. (2) Where a ship to which this Part applies, being a ship registered in Australia, enters or leaves, or attempts to enter or leave, a port in a country other than Australia, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial sea of a country other than Australia, without carrying on board the ship a relevant insurance certificate in respect of the ship, being such a certificate that is in force, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding: (a) in the case of the master—500 penalty units; (b) in the case of the owner, if the owner is not a body corporate—500 penalty units; and (c) in the case of the owner, if the owner is a body corporate—1,000 penalty units. (3) Where, otherwise than in circumstances to which subsection (1) applies or, in the case of a ship registered in Australia, to which subsection (2) applies, at any time a relevant insurance certificate is in force in respect of a ship to which this Part applies and is not carried on board the ship, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction, by a fine not exceeding: (a) in the case of the master—20 penalty units; (b) in the case of the owner, if the owner is not a body corporate—20 penalty units; and (c) in the case of the owner, if the owner is a body corporate—50 penalty units. (3A) An offence under subsection (1), (2) or (3) is an offence of strict liability.

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

(4) An officer may require the master or other person in charge of a ship to which this Part applies to produce a relevant insurance certificate in respect of the ship, being such a certificate that is in force, and, if he or she fails to produce the certificate to the officer, he or she commits an offence against this subsection punishable, upon conviction, by a fine not exceeding 20 penalty units. (4A) An offence under subsection (4) is an offence of strict liability.