Document ID: chunk:federal_register_of_legislation:C2007C00185:clause:1_100zd
Version: federal_register_of_legislation:C2007C00185
Segment Type: clause
Provision Reference: sch 1 cl 100ZD
Character Range: 62457–64375

100ZD  Offence—false or misleading statements in relation to having an ISSC

 (1) The master of an Australian ship regulated as an offshore facility commits an offence if:
 (a) the master makes a statement (whether orally, in a document or in any other way); and
 (b) the master does so knowing that the statement:
 (i) is false or misleading; or
 (ii) omits any matter or thing without which the statement is misleading; and
 (c) the statement is made in connection with whether an ISSC or interim ISSC is in force for the ship; and
 (d) any of the following subparagraphs applies:
 (i) the statement is made to a maritime industry participant;
 (ii) the statement is made to a person who is authorised by a Contracting state to the SOLAS Convention to request information about, or in connection with, whether a valid ISSC or interim ISSC is in force for the ship;
 (iii) the statement is made to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;
 (iv) the statement is made in compliance or purported compliance with a law of the Commonwealth.

Penalty: 50 penalty units.

 (2) Absolute liability applies to each of the subparagraph (1)(d)(i), (ii), (iii) and (iv) elements of the offence.

 (3) Subsection (1) does not apply as a result of subparagraph (1)(b)(i) if the statement is not false or misleading in a material particular.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

 (4) Subsection (1) does not apply as a result of subparagraph (1)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

Division 3—Recognised security organisations