16Ships must carry insurance certificate when entering or leaving ports in Australia etc.

#### 16 Ships must carry insurance certificate when entering or leaving ports in Australia etc. (1) A person commits an offence if: (a) the person is the registered owner or master of a ship to which this Part applies; and (b) the ship: (i) enters or leaves a port in Australia; or (ii) arrives at or leaves an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory; and (c) at the time the ship does so, the ship does not have on board an appropriate insurance certificate for the ship that is in force. Penalty: 500 penalty units. (2) An offence against subsection (1) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (3) Subsection (1) does not apply if: (a) an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); and (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and (c) the records are accessible to all countries to which the Bunker Oil Convention applies. > Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code. (4) An offence against subsection (1) is an indictable offence.