(1) Where a trading ship proceeding on an intra-state voyage is constructed or adapted so that it can carry as cargo, or part cargo, in bulk any substance that, for the purposes of Division 3 of Part 2 is a substance in Category A, B, C or D, the master of that ship shall not begin a voyage, and the owner of that ship shall not permit that ship to begin a voyage, unless there is in force in respect of that ship a chemical tanker construction certificate.
(a) if the offender is a natural person—100 penalty units, or imprisonment for 4 years, or both; or
S. 46(1)(b) amended by No. 46/1991
(b) if the offender is a body corporate—500 penalty units.
S. 46(1A) inserted by No. 46/1991
(1A) An offence against subsection (1) is an indictable offence.
(2) The regulations may exempt ships included in a prescribed class of ships from the application of subsection (1), either absolutely or subject to conditions.
(3) In this section "chemical tanker construction certificate" means—
(a) a chemical tanker construction certificate issued under section 43 ;
(b) a chemical tanker construction certificate issued under section 267Q of the Navigation Act;
(c) a chemical tanker 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 Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued to a foreign ship under section 267R of the Navigation Act.
S. 46(4) amended by No. 46/1991
(4) The owner of a ship of the kind referred to in subsection (1) in respect of which a chemical tanker construction certificate is in force shall cause the certificate to be carried on board the ship.
Penalty: 10 penalty units.