26Marking of ship

26 Marking of ship

(1) A ship shall not be registered until it has been marked in accordance with the regulations with marks directed by the Registrar by notice in writing served on the owner or one of the owners and evidence of a kind specified in the regulations of the ship’s having been so marked has been lodged with the Registrar. (2) Subject to subsection (4), if the markings placed on a registered ship in accordance with the requirements of subsection (1) are not maintained, the owner and master of the ship each commit, in respect of each day during which the markings are not maintained (including the day of a conviction under this subsection or any subsequent day), an offence punishable upon conviction: (a) if the offender is a natural person—by a fine not exceeding 10 penalty units; or (b) if the offender is a body corporate—by a fine not exceeding 20 penalty units. (2A) An offence under subsection (2) is an offence of strict liability.

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

(3) A person must not engage in conduct that results in the concealment, removal, alteration, defacing or obliteration of any marking that is on a registered ship in accordance with the requirements of subsection (1). (3A) Strict liability applies to the element of an offence against subsection (3) that the ship be marked in accordance with a requirement in subsection (1).

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

(4) Subsections (2) and (3) do not apply in relation to anything done as authorized by the regulations or done for the purpose of escaping capture by an enemy. (5) In this section:

engage in conduct means:

(a) do an act; or
(b) omit to perform an act.