20Enforcement officer may require insurance certificate to be produced

20 Enforcement officer may require insurance certificate to be produced

(1) An enforcement officer may require the master or other person in charge of a ship to which this Part applies to produce to the officer an appropriate insurance certificate for the ship that is in force if: (a) for a ship that is registered in Australia—the ship is in Australia; or (b) for any other ship—the ship is at a port in Australia or at 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. Offence (2) A person commits an offence if: (a) the person is subject to a requirement under subsection (1); and (b) the person fails to comply with the requirement.

Penalty: 20 penalty units.

(3) An offence against subsection (2) is an offence of strict liability.

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

(4) Subsection (2) does not apply if: (a) an appropriate insurance certificate for the ship is in force at the time the requirement under subsection (1) is made; 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 (4): see subsection 13.3(3) of the Criminal Code.