Document ID: chunk:federal_register_of_legislation:C2025C00094:section:35
Version: federal_register_of_legislation:C2025C00094
Segment Type: section
Provision Reference: s 35
Character Range: 70535–71607

35  Person performing duties or functions without a seafarer certificate
 (1) A person must not perform duties or functions in relation to a regulated Australian vessel if:
 (a) the regulations require the person to hold a particular seafarer certificate in order to perform those duties or functions; and
 (b) the person does not hold such a seafarer certificate.
 (2) Subsection (1) does not apply to the performance of duties or functions in exceptional circumstances.

Fault‑based offence
 (3) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Civil penalty
 (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 3,000 penalty units.
 (5) A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.