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Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008
17Ships registered in Australia must carry insurance certificate when in operation
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#### 17 Ships registered in Australia must carry insurance certificate when in operation
(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 is registered in Australia; and
(c) at the time the ship is in operation, 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.