Document ID: chunk:federal_register_of_legislation:C2004A00925:clause:3_26fb
Version: federal_register_of_legislation:C2004A00925
Segment Type: clause
Provision Reference: sch 3 cl 26FB
Character Range: 71217–73387

26FB  Garbage record book to be retained

 (1) A garbage record book of a ship to which section 26FA applies must be retained in the ship until the end of one year after the day on which the last entry was made in the book and must be readily accessible for inspection at all reasonable times.

 (2) If a garbage record book is not retained in a ship, or is not readily accessible, in accordance with subsection (1), the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine of not more than 50 penalty units.

 (3) An offence against subsection (2) is an offence of strict liability.

 (4) The owner of a ship to which section 26FA applies must cause the ship's garbage record book to be retained:
 (a) in the ship; or
 (b) at the owner's registered office;
until the end of 2 years after the end of the period during which the book is required to be retained in the ship under subsection (1) and must be readily accessible for inspection at all reasonable times.

Penalty: 50 penalty units.

 (5) The owner of a ship to which section 26FA applies who resides in Australia, or has an office or agent in Australia, may from time to time 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.

 (6) The place or office of which an address is given for the time being under subsection (5) is the registered office of the owner of the ship for the purposes of subsection (4).

 (7) If the owner of a ship to which section 26FA applies does not reside in Australia and does not have an office or agent in Australia, the owner may deposit a garbage record book of the ship with a prescribed officer and, while the book is so deposited, the book is taken, for the purposes of subsection (4), to be retained at the registered office of the owner.