Commonwealth Numbered Acts

PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 No. 41, 1983 - SECT 25

25. (1) A cargo record book of an Australian ship to which section 23 applies
shall be retained in the ship until the expiration of a period of one year
after the day on which the last entry was made in the book and shall be
readily available for inspection at all reasonable times.

(2) Where a cargo record book is not retained in a ship in accordance with
sub-section (1), the master and the owner of the ship are each guilty of an
offence punishable, upon conviction, by a fine not exceeding-

   (a)  if the offender is a natural person-$5,000; or

   (b)  if the offender is a body corporate-$10,000.

(3) The owner of an Australian ship to which section 23 applies shall cause
each of the ship's cargo record books to be retained-

   (a)  in the ship; or

   (b)  at the registered office of the owner, until the expiration of the
        period of one year next following the expiration of the period during
        which the book is required to be retained in the ship by virtue of
        sub-section (1) and to be readily available for inspection at all
        reasonable times.

(4) Where a cargo record book of a ship is not retained in accordance with
sub-section (3), the owner of the ship is guilty of an offence punishable,
upon conviction, by a fine not exceeding-

   (a)  if the owner is not a body corporate-$5,000; or

   (b)  if the owner is a body corporate-$10,000.

(5) The owner of an Australian ship to which section 23 applies who resides in
Australia, or has an office or agent in Australia, may from time to time
furnish to a prescribed officer notice, in writing, of an address, being the
address of-

   (a)  the place at which he so resides;

   (b)  his office in Australia or, if he has more than one office in
        Australia, his principal office in Australia; or

   (c)  the office or place of residence of his agent or, if his agent has
        more than one office in Australia, the principal office in Australia
        of his agent, and the place or office of which an address is furnished
        for the time being under this sub-section is the registered office of
        the owner of the ship for the purposes of sub-section (3).

(6) Where the owner of an Australian ship to which section 23 applies does not
reside in Australia and does not have an office or agent in Australia, the
owner may deposit a cargo record book of the ship with a prescribed officer
and, while the book is so deposited, the book shall, for the purposes of
sub-section (3), be deemed to be retained at the registered office of the
owner.