Document ID: chunk:federal_register_of_legislation:F2023C01010:body:0:p5
Version: federal_register_of_legislation:F2023C01010
Segment Type: other
Provision Reference: 
Character Range: 9912–12550

Penalty: 50 penalty units.
Note   For the burden of proving certain matters — see section 157 of the national law.
       (2) An offence against subsection (1) is an offence of strict liability.
       (3) The master is liable to a civil penalty if the master contravenes subsection (1).
Civil penalty: 50 penalty units.

14 Breach of condition of certificate (owner)
       (1) The owner of a domestic commercial vessel commits an offence if:
(a) there is a load line certificate in force for the vessel; and
(b) the owner operates the vessel, or causes or permits the vessel to be operated; and
(c) the operation of the vessel is in breach of a condition of a load line certificate (whether the condition is mentioned in section 7 or in the certificate).
Penalty: 50 penalty units.
Note   For the burden of proving certain matters — see section 157 of the national law.
       (2) An offence against subsection (1) is an offence of strict liability.
       (3) The owner is liable to a civil penalty if the owner contravenes subsection (1).
Civil penalty: 50 penalty units.

15 Operation of vessel in certain circumstances (master)
       (1) The master of a domestic commercial vessel commits an offence if:
(a) this Order applies to the vessel; and
(b) either:
 (i) there is a certificate of survey in force for the vessel; or
 (ii) the vessel is exempt under section 143 of the national law from the requirement to have a certificate of survey subject to the condition that there is a load line certificate in force for the vessel; and
(c) the master causes or permits the vessel to be operated:
 (i) without a load line certificate being in force for the vessel; or
 (ii) without the vessel displaying the load line mark, or any associated mark, specified in the load line certificate; or
 (iii) so that the load line mark, or any associated mark, specified in the load line certificate is submerged by water; and
(d) an exemption under section 143 of the national law for operation of  the vessel in that way is not in force.
Penalty: 50 penalty units.
Note   For the burden of proving certain matters — see section 157 of the national law.
       (2) An offence against subsection (1) is an offence of strict liability.
       (3) The master is liable to a civil penalty if the master contravenes subsection (1).
Civil penalty: 500 penalty units.
       (4) It is a defence to a prosecution for an offence for which the physical element mentioned in subparagraph (1)(c)(iii) relates to the associated mark if the defendant proves that had the vessel been floating without a list in still water of the kind for which the associated