Commonwealth Numbered Acts

PROTECTION OF THE SEA (CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE) ACT 2008 (NO. 76, 2008) - SECT 17

             (1)  A person commits an offence if:

                     (a)  the person is the registered owner or master of a ship to which this Part applies; and

                     (b)  the ship is registered in Australia; and

                     (c)  at the time the ship is in operation, the ship does not have on board an appropriate insurance certificate for the ship that is in force.

Penalty:  500 penalty units.

             (2)  An offence against subsection (1) is an offence of strict liability.

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

             (3)  Subsection (1) does not apply if:

                     (a)  an appropriate insurance certificate for the ship is in force at the time referred to in paragraph (1)(c); 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 (3): see subsection 13.3(3) of the Criminal Code .

             (4)  An offence against subsection (1) is an indictable offence.