12Cancellation of anti‑fouling certificates

12 Cancellation of anti‑fouling certificates

(1) The Authority may cancel an anti‑fouling certificate that is in force in respect of an Australian ship if the Authority has reason to believe that: (a) the ship does not comply with the anti‑fouling requirements; or (b) the anti‑fouling certificate was issued or endorsed upon false or erroneous information. (2) The Authority may cancel an anti‑fouling certificate under subsection (1) whether or not the certificate was issued by the Authority.

Note: Under section 10, an anti‑fouling certificate can be issued by the Authority or by another survey authority.

(3) The cancellation takes effect when the Authority gives notice in writing of the cancellation: (a) addressed to the master, owner or agent of the ship; and (b) served in accordance with the regulations. (4) If an anti‑fouling certificate in respect of an Australian ship is cancelled under this section, the Authority may: (a) require the certificate to be given to a specified person; and (b) detain the ship until the requirement is complied with. (5) The requirement under paragraph (4)(a) must be: (a) made by notice in writing; and (b) addressed to the owner, agent or master of the ship; and (c) served in accordance with the regulations. (6) A requirement made by notice under paragraph (5)(a) is not a legislative instrument.