Document ID: chunk:federal_register_of_legislation:C2024C00459:section:15:p2
Version: federal_register_of_legislation:C2024C00459
Segment Type: section
Provision Reference: s 15 (pt 2/3)
Character Range: 16450–18918

(3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) An officer may require the master or other person in charge of a ship to which this Part applies to produce a relevant insurance certificate in respect of the ship, being such a certificate that is in force, and, if he or she fails to produce the certificate to the officer, he or she commits an offence against this subsection punishable, upon conviction, by a fine not exceeding 20 penalty units.
 (4A) An offence under subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) Where an officer has reasonable grounds to believe that the master or other person in charge of a ship to which this Part applies is attempting to take the ship out of a port in Australia at a time when a relevant insurance certificate in respect of the ship, being such a certificate that is in force, is not being carried on board the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.
 (6) This section is not intended to exclude or limit the concurrent operation of a provision of a law of a State giving effect to paragraphs 1, 2 and 3 of Article VII of the Convention in relation to a ship that is not a regulated Australian vessel.
 (7) For the purposes of this section, a relevant insurance certificate in respect of a ship is:
 (a) if the ship is registered in Australia and is not a Government ship:
 (i) in the case of a ship that is a regulated Australian vessel—a certificate issued under section 16 in respect of the ship; or
 (ii) in the case of a ship that is not a regulated Australian vessel—a certificate issued under section 16 in respect of the ship, or a certificate issued in respect of the ship under a law of a State that makes provision giving effect to paragraphs 1, 2 and 3 of Article VII of the Convention in relation to that ship; or
 (b) if the ship is registered in a country to which the Civil Liability Convention applies and is not a Government ship—a certificate issued, for the purposes of Article VII of the Convention, by or under the authority of the Government of that country; or
 (c) if the ship is registered in a country that is not a country to which the Civil Liability Convention applies and is not a Government ship—a certificate issued under section 16 or a certificate that is,