(1) This section applies to—
(a) a trading ship proceeding on an intra-state voyage;
(b) an Australian fishing vessel proceeding on a voyage other than an overseas voyage; or
(c) a pleasure vessel—
that is—
(d) an oil tanker of 150 tons gross tonnage and above; or
(e) a ship, other than an oil tanker, of 400 tons gross tonnage and above.
(2) The master of a ship to which this section applies shall not begin a voyage unless there is in force in respect of the ship a ship construction certificate.
Penalty: 100 penalty units or imprisonment for 4 years, or both.
(3) The owner of a ship to which this section applies shall not permit the ship to begin a voyage unless there is in force in respect of the ship a ship construction certificate.
Penalty—
(a) if the offender is a natural person—100 penalty units or imprisonment for 4 years, or both; or
S. 40(3)(b) amended by No. 46/1991
s. 26(a).
(b) if the offender is a body corporate—500 penalty units.
S. 40(3A) inserted by No. 46/1991
s. 26(b).
(3A) An offence against subsection (2) or (3) is
an indictable offence.
(4) The regulations may exempt ships included in a prescribed class of ships from the application of subsection (1), either absolutely or subject to conditions.
(5) In this section "ship construction certificate" means—
(a) a ship construction certificate issued under section 37; or
(b) a ship construction certificate issued under section 267B of the Navigation Act; or
(c) a ship construction certificate issued under a law of another State or the Northern Territory and being a certificate of a kind prescribed as acceptable for the purposes of this Division; or
(d) an International Oil Pollution Prevention Certificate issued to a foreign ship under section 267C of the Navigation Act; or
(e) an International Oil Pollution Prevention Certificate issued to an Australian ship under the law of a country other than Australia giving effect to Regulation 6 of Annex I.
S. 40(6) amended by No. 46/1991
s. 26(c).
(6) The owner of a ship to which this section applies in respect of which a ship construction certificate is in force shall cause the certificate to be carried on board the ship.
Penalty: 10 penalty units.
Division 3—Prevention of Pollution from Ships Convention (ships carrying noxious liquid substances in bulk)