Document ID: chunk:federal_register_of_legislation:C2024C00540:section:26fev:p1
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 26FEV (pt 1/2)
Character Range: 176591–179155

26FEV  Ozone depleting substances record book to be retained

Retention etc. of ozone depleting substances record book in ship
 (1) The master and the owner of a ship to which section 26FET applies each commit an offence if:
 (a) the ship's ozone depleting substances record book is not retained in the ship until the end of one year beginning on the day after the day on which the last entry is made in the book; or
 (b) the ship's ozone depleting substances record book is not readily available for inspection by an inspector at all reasonable times during that period.
Penalty: 200 penalty units.
 (2) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Retention etc. of ozone depleting substances record book in ship or at other places
 (3) The owner of a ship to which section 26FET applies commits an offence if:
 (a) none of the following subparagraphs applies in relation to the ship's ozone depleting substances record book:
 (i) it is retained in the ship until the end of 2 years beginning on the day after the end of the period referred to in paragraph (1)(a);
 (ii) it is retained at the owner's registered office, or at a place or office whose address is notified under subsection (4), until the end of 2 years beginning on the day after the end of the period referred to in paragraph (1)(a);
 (iii) it is deposited in accordance with subsection (5) until the end of 2 years beginning on the day after the end of the period referred to in paragraph (1)(a); or
 (b) the ship's ozone depleting substances record book is not readily available for inspection by an inspector at all reasonable times during the 2‑year period mentioned in paragraph (a).
Penalty: 200 penalty units.

Notification of places or offices
 (4) The owner of a ship to which section 26FET applies who resides in Australia, or has an office or agent in Australia, may give to a prescribed officer notice, in writing, of the address of:
 (a) the place at which the owner so resides; or
 (b) the owner's office in Australia or, if the owner has more than one office in Australia, the owner's principal office in Australia; or
 (c) the office or place of residence of the owner's agent or, if the owner's agent has more than one office in Australia, the principal office in Australia of the owner's agent.

Deposit of ozone depleting substances record book
 (5) If the owner of a ship to which section 26FET applies does not reside in Australia and does not have an office or agent in Australia, the