17Temporary Passes

17 Temporary Passes (1) Application for the grant of a temporary pass under section 23 of the Act must be made by lodging with the Registrar an application in writing signed in accordance with subregulation (2), being an application specifying: (a) the name (if any) of the ship or, if the ship has no name, the builder’s identification of the ship (if known to the applicant); (b) the year of completion of the ship (if known to the applicant); (c) the type of the ship (in terms of its purpose); (d) the method of propulsion of the ship; (e) the principal material of construction of the hull of the ship; (f) the length of the ship; (g) the name and address of the builder of the ship (if known to the applicant); (h) if the ship is a ship to which subsection 16 (1) of the Act applies and a tonnage certificate is not in force in relation to the ship: (i) the estimated gross tonnage of the ship; (ii) the estimated net tonnage of the ship; and (iii) the identity of the person by whom those estimates were made; (j) the name and address of each of the persons to whom the ship belongs; (k) where the application is signed as mentioned in subregulation (3), the name and address of each person who is a charterer under the charterparty; (m) the port at which it is proposed that the voyage be commenced; (n) the port at which it is proposed that the voyage be concluded; (o) the anticipated duration of the voyage; and (p) the reasons for seeking the grant of the pass. (2) Subject to subsection (3), an application under subregulation (1) must be duly signed by the owner of the ship or, where the proposed voyage is to be undertaken by the builder of the ship for the purposes of delivering the ship to the owner, by the builder. (3) An application under subregulation (1) in relation to a ship that is on demise charter (whether to an Australian‑based operator or not) is taken to be signed in accordance with subregulation (2) if it is duly signed: (a) by each of the charterers under the charterparty; or (b) by a person appointed for the purposes of this paragraph by instrument in writing duly signed by each of those charterers. (4) There must be produced to the Registrar for noting, at the time of lodgment of an application under subregulation (1): (a) where the application is signed as mentioned in subregulation (3) — documentary evidence of the grant by the owner of permission for the undertaking by the ship of the voyage to which the application relates or of voyages of a class in which that voyage is included; (b) where the application is signed as mentioned in paragraph (3) (b) — the instrument referred to in that paragraph; and (c) the tonnage certificate (if any) in force in relation to the ship. (5) Upon receipt of an application under subregulation (1), the Registrar must forward the application, together with such other documents as the Registrar thinks fit, to the Authority for consideration. (6) A temporary pass granted under section 23 of the Act must be in accordance with Form 4. (7) Subject to subregulation (8), where: (a) a voyage specified in a temporary pass granted under section 23 of the Act is completed or abandoned; or (b) the period of validity of such a pass expires; the person who has possession of the pass must, within 10 days after the occurrence of the event referred to in paragraph (a) or (b), surrender the pass by: (c) lodging it with the Registrar; or (d) delivering it to a proper officer. (8) Where, by reason of circumstances beyond the control of the person referred to in subregulation (7), it is not practicable for that person to surrender the pass within the time specified in that subregulation, that person must surrender the pass as soon as it is practicable to do so. (9) A person who fails to comply with subregulation (7) or (8) is guilty of an offence. (10) An offence against subregulation (9) is an offence of strict liability. (11) It is a defence to a prosecution under subregulation (9) that the defendant had a reasonable excuse. > Note A defendant bears an evidential burden in relation to whether or not he or she had a reasonable excuse for his or her conduct (see subsection 13.3 (3) of the Criminal Code).