Document ID: chunk:federal_register_of_legislation:C2024C00673:section:30:p1
Version: federal_register_of_legislation:C2024C00673
Segment Type: section
Provision Reference: s 30 (pt 1/2)
Character Range: 56259–58734

30  National colours and other flags
 (1) It is hereby declared that the national colours for Australian ships are:
 (a) in the case of ships registered by virtue of section 12 or ships (other than ships referred to in section 13) registered by virtue of paragraph 14(d) or ships registered by virtue of section 15B—the red ensign; and
 (b) in any other case—the national flag and the red ensign.
 (2) When in waters outside Australian waters:
 (a) a ship to which paragraph (1)(a) applies may at any time, and shall as and when required by the regulations, fly the red ensign;
 (b) a registered ship, other than a ship to which paragraph (1)(a) applies, may at any time, and shall as and when required by the regulations, fly the national flag or the red ensign; and
 (c) a ship to which paragraph 29(1)(b) applies may at any time fly the national flag or the red ensign.
 (2A) An offence based on subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) Subject to subsections (4) and (5), when in Australian waters, a registered ship shall, as and when required by the regulations, fly the national flag or the red ensign.
 (3A) An offence based on subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) If:
 (a) a ship is required by subsection (3) to fly the national flag or the red ensign at a particular time (in this subsection referred to as the relevant time);
 (b) there was in force, immediately before the commencement of this Act, a warrant from Her Majesty or the Admiralty under section 73 of the Imperial Act known as the Merchant Shipping Act, 1894, as amended by any other Imperial Act, authorizing the use by the ship of the British Blue Ensign (with or without defacement);
 (c) that section is in force at the relevant time as part of the law of the United Kingdom; and
 (d) the flying of that Ensign by the ship at the relevant time is authorized by the warrant;
it is sufficient compliance with subsection (3) for the ship to fly that Ensign at the relevant time in lieu of the national flag or the red ensign.
 (5) If:
 (a) a ship is required by subsection (3) to fly the national flag or the red ensign at a particular time; and
 (b) the ship is, at that time:
 (i) entitled to fly a particular flag by virtue of an authority under section 6 of the Flags Act 1953; or
 (ii) entitled to fly a particular flag of a State