Document ID: chunk:federal_register_of_legislation:F2022L01550:reg:2:p7
Version: federal_register_of_legislation:F2022L01550
Segment Type: reg
Provision Reference: reg 2 (pt 7/16)
Character Range: 32564–35281

(d) the EIAPP certificate and technical file are not kept on board the vessel.
Penalty: 50 penalty units.
       (2) An offence against subsection (1) is a strict liability offence.
       (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.

39 Engine suppliers must provide documents
       (1) This section applies if a person supplies a marine diesel engine for installation on:
(a) a domestic commercial vessel; or
(b) a recreational vessel with Australian nationality that:
 (i) is not going overseas; or
 (ii) is going overseas and is <400GT.
       (2) The person commits an offence if:
(a) the person supplies the engine after 31 December 2022; and
(b) regulation 13 of Annex VI applies to the engine; and
(c) the person does not provide an EIAPP certificate and associated technical file for the engine at the time of its supply.
Penalty: 50 penalty units.
       (3) An offence against subsection (2) is a strict liability offence.
       (4) A person is liable to a civil penalty if the person contravenes subsection (2).
Civil penalty: 50 penalty units.

40 Person who carries out major conversion must provide documents
       (1) This section applies if a person carries out a major conversion of a marine diesel engine for:
(a) a domestic commercial vessel; or
(b) a recreational vessel with Australian nationality that:
 (i) is not going overseas; or
 (ii) is going overseas and is <400GT.
       (2) The person commits an offence if:
(a) the person carries out the major conversion after 31 December 2022; and
(b) regulation 13 of Annex VI applies to the engine; and
(c) the person does not, as soon as practicable, provide an EIAPP certificate and associated technical file for the engine to the owner of the vessel.
Penalty: 50 penalty units.
       (3) An offence against subsection (2) is a strict liability offence.
       (4) A person is liable to a civil penalty if the person contravenes subsection (2).
Civil penalty: 50 penalty units.

41 Operation of engines not in accordance with emission limits
       (1) A person commits an offence if:
(a) the person operates a marine diesel engine on a vessel; and
(b) the engine is of a kind to which regulation 13 of Annex VI applies; and
(c) the emissions of nitrogen oxides from the engine are not within the limits mentioned in regulation 13 of Annex VI for the operation of the engine and equipment.
Penalty: 50 penalty units.
       (2) Subsection (1) does not apply, for the periods mentioned in regulation 13.5.5 of Annex VI, to emissions from a vessel mentioned in subsection (3) if:
(a) the emissions occur in relation to:
 (i) for a newly constructed vessel — the building