Victorian Current Acts Victorian Current Acts(1) Where the construction of a ship in respect of which a ship construction certificate issued under section 37 is in force is altered, or such a ship is damaged, in a manner which affects its compliance with the provisions of Annex I, the master or owner of the ship shall, within 7 days after the construction of the ship is altered or the ship is damaged, as the case may be, give notice in writing of the alteration or damage to such person, and in such form, as are prescribed and, if the notice is not so given, the master and the owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding—
S. 38(1)(a) amended by No. 46/1991
s. 24(a).
(a) if the offender is a natural person—20 penalty units; or
S. 38(1)(b) amended by No. 46/1991
s. 24(b).
(b) if the offender is a body corporate—50 penalty units.
(2) Where a notice required to be given under subsection (1) is not given within the period referred to in that subsection, the following provisions of this subsection have effect:
(a) The obligation to give the notice continues, notwithstanding that that period has expired, until the notice is given;
(b) The master and the owner of the ship are each guilty of a separate and further offence in respect of each day during which the notice is not given, being a day after the expiration of that period;
(c) The penalty applicable to each such separate and further offence is a fine not exceeding—
S. 38(2)(i) amended by No. 46/1991
s. 24(c).
(i) if the offender is a natural person—10 penalty units; or
S. 38(2)(ii) amended by No. 46/1991
s. 24(d).
(ii) if the offender is a body corporate—50 penalty units.
S. 38(3) amended by No. 57/1989
s. 3(Sch. item 157.1).
(3) Charges against the same person for any number of offences under subsection (2)(b) relating to a single notice may be joined in the same charge-sheet.
(4) If a person is convicted of two or more offences under subsection (2)(b) relating to a single notice, the court may impose one penalty in respect of both or all of those offences, but that penalty shall not exceed the sum of the maximum penalties that could be imposed if a penalty were imposed in respect of each offence separately.
(5) Where the Minister has reason to believe that—
(a) the report of a surveyor concerning a ship in respect of which a ship construction certificate issued under section 37 is in force was fraudulently or erroneously made or obtained;
(b) a ship construction certificate has been issued under section 37 in respect of a ship upon false or erroneous information;
(c) the construction of a ship in respect of which a ship construction certificate issued under section 37 is in force has been altered, or such a ship has been damaged, in a manner which affects its compliance with the provisions of Annex I; or
(d) the owner of a ship in respect of which a ship construction certificate issued under section 37 is in force has failed to comply with section 39 in respect of the ship—
the Minister may, by instrument signed by the Minister, cancel the certificate.
(6) Where the Minister cancels a ship construction certificate issued by the Minister in respect of a ship, the certificate is of no force or effect after the Minister has given notice in writing of the cancellation addressed to the owner, agent or master of the ship and served in accordance with the regulations.
(7) Where a ship construction certificate issued in respect of a ship is cancelled under this section, the Minister may, by notice in writing addressed to the owner, agent or master of the ship and served in accordance with the regulations, require the certificate to be delivered up to the Minister or to such other person as the Minister specifies, and the Minister may detain the ship until the requirement is complied with.