17Ships registered in Australia must carry insurance certificate when in operation

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.