18Government ships

18 Government ships

(1) Where a ship is owned by the Commonwealth or by a State, the Minister may issue: (a) in the case of a ship owned by the Commonwealth—a certificate certifying that the ship is owned by the Commonwealth and that any liability for pollution damage up to the limits of liability applicable in relation to the ship under Article V of the Convention will be met by the Commonwealth; or (b) in the case of a ship owned by a State—a certificate certifying: (i) that the ship is owned by the State; and (ii) if the Minister is satisfied that any liability for pollution damage up to the limits of liability applicable in relation to the ship under Article V of the Convention will be met by the State—that any such liability will be so met by the State. (2) Subject to subsection (3), a certificate issued under subsection (1) remains in force for such period as is specified in the certificate. (3) If, while a certificate issued under subsection (1) in respect of a ship owned by the Commonwealth or by a State is in force, the ship ceases to be owned by the Commonwealth or by the State, as the case may be, the certificate so issued thereupon ceases to be in force. (4) Every country to which the Civil Liability Convention applies shall, in any proceedings brought in a court in Australia to enforce a claim in respect of a liability incurred under the applied provisions of the Convention, be deemed to have submitted to the jurisdiction of that court and to have waived any defence based on its status as a sovereign country, but nothing in this subsection shall permit the levy of execution against the property of such a country.