30National colours and other flags

#### 30 National colours and other flags (1) It is hereby declared that the national colours for Australian ships are: (a) in the case of ships registered by virtue of section 12 or ships (other than ships referred to in section 13) registered by virtue of paragraph 14(d) or ships registered by virtue of section 15B—the red ensign; and (b) in any other case—the national flag and the red ensign. (2) When in waters outside Australian waters: (a) a ship to which paragraph (1)(a) applies may at any time, and shall as and when required by the regulations, fly the red ensign; (b) a registered ship, other than a ship to which paragraph (1)(a) applies, may at any time, and shall as and when required by the regulations, fly the national flag or the red ensign; and (c) a ship to which paragraph 29(1)(b) applies may at any time fly the national flag or the red ensign. (2A) An offence based on subsection (2) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (3) Subject to subsections (4) and (5), when in Australian waters, a registered ship shall, as and when required by the regulations, fly the national flag or the red ensign. (3A) An offence based on subsection (3) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (4) If: (a) a ship is required by subsection (3) to fly the national flag or the red ensign at a particular time (in this subsection referred to as the relevant time); (b) there was in force, immediately before the commencement of this Act, a warrant from Her Majesty or the Admiralty under section 73 of the Imperial Act known as the Merchant Shipping Act, 1894, as amended by any other Imperial Act, authorizing the use by the ship of the British Blue Ensign (with or without defacement); (c) that section is in force at the relevant time as part of the law of the United Kingdom; and (d) the flying of that Ensign by the ship at the relevant time is authorized by the warrant; it is sufficient compliance with subsection (3) for the ship to fly that Ensign at the relevant time in lieu of the national flag or the red ensign. (5) If: (a) a ship is required by subsection (3) to fly the national flag or the red ensign at a particular time; and (b) the ship is, at that time: (i) entitled to fly a particular flag by virtue of an authority under section 6 of the Flags Act 1953; or (ii) entitled to fly a particular flag of a State or Territory; it is sufficient compliance with subsection (3) for the ship to fly that particular flag at that time in lieu of the national flag or the red ensign. (6) A person shall not, in relation to a ship, use, or permit the use, at any one time, of 2 or more of the flags referred to in the preceding provisions of this section. (7) When an Australian ship is in waters outside Australian waters, a person shall not, in relation to that ship: (a) except as provided in subsection (2), use, or permit the use of, a flag referred to in, or appointed under, the Flags Act 1953; or (b) use, or permit the use of, a flag of a State or Territory or a flag to which a warrant referred to in subsection (4) relates. (8) A person shall not, in relation to a ship required to be registered that is not registered, use, or permit the use of, the national flag or the red ensign. (8A) An offence based on subsection (6), (7) or (8) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (9) Where, in relation to a ship, there is a contravention of, or failure to comply with, a provision of this section, the master and owner of the ship each commit an offence. (10) Upon application made in the manner prescribed by the owner or operator of a ship to which paragraph 29(1)(b) applies, the Registrar shall grant to the applicant a certificate stating that the ship is entitled to fly the national flag and the red ensign in accordance with this section. (11) A certificate granted under subsection (10) is, for all purposes, prima facie evidence of the facts stated therein. (12) In this section: > Australian waters means the territorial sea of Australia and any marine or tidal waters that are on the landward side of any part of that sea. > flag includes an ensign.