Document ID: chunk:federal_register_of_legislation:C2024C00673:section:30:p2
Version: federal_register_of_legislation:C2024C00673
Segment Type: section
Provision Reference: s 30 (pt 2/2)
Character Range: 58535–60550

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 or Territory;
it is sufficient compliance with subsection (3) for the ship to fly that particular flag at that time in lieu of the national flag or the red ensign.
 (6) A person shall not, in relation to a ship, use, or permit the use, at any one time, of 2 or more of the flags referred to in the preceding provisions of this section.
 (7) When an Australian ship is in waters outside Australian waters, a person shall not, in relation to that ship:
 (a) except as provided in subsection (2), use, or permit the use of, a flag referred to in, or appointed under, the Flags Act 1953; or
 (b) use, or permit the use of, a flag of a State or Territory or a flag to which a warrant referred to in subsection (4) relates.
 (8) A person shall not, in relation to a ship required to be registered that is not registered, use, or permit the use of, the national flag or the red ensign.
 (8A) An offence based on subsection (6), (7) or (8) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (9) Where, in relation to a ship, there is a contravention of, or failure to comply with, a provision of this section, the master and owner of the ship each commit an offence.
 (10) Upon application made in the manner prescribed by the owner or operator of a ship to which paragraph 29(1)(b) applies, the Registrar shall grant to the applicant a certificate stating that the ship is entitled to fly the national flag and the red ensign in accordance with this section.
 (11) A certificate granted under subsection (10) is, for all purposes, prima facie evidence of the facts stated therein.
 (12) In this section:
Australian waters means the territorial sea of Australia and any marine or tidal waters that are on the landward side of any part of that sea.
flag includes an ensign.