Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p97
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 97/100)
Character Range: 291556–294319

points had been accumulated in respect of a ship, the number of demerit points accumulated in respect of the ship decreases by that number of demerit points.

11.70  Evidence of certain matters in relation to infringement notices
 (1) At the hearing of a prosecution for an offence in relation to which an infringement notice has been issued, a certificate of any of the following kinds, signed by or on behalf of the Secretary, is evidence of the facts stated in it:
 (a) a certificate stating that:
 (i) the infringement notice was served on the alleged offender; and
 (ii) the infringement notice penalty has not been paid in accordance with this Division;
 (b) a certificate stating that the notice was withdrawn on a day specified in the certificate;
 (c) a certificate stating that:
 (i) a further period was refused for payment of the infringement notice penalty; and
 (ii) the infringement notice penalty has not been paid in accordance with this Division;
 (d) a certificate stating that:
 (i) the further time mentioned in the certificate for payment of the infringement notice penalty was granted; and
 (ii) the infringement notice penalty was not paid in accordance with the notice or within the further time.
 (2) A certificate that purports to have been signed by or on behalf of the Secretary is presumed to have been so signed unless the contrary is proved.

11.75  Effect of certain admissions
  Evidence of an admission made by a person in an application under regulation 11.55 is not admissible in proceedings against the person for the relevant alleged offence unless the person introduces the application into evidence.

11.80  Matter not to be taken into account in determining sentence
  If a person to whom an infringement notice has been issued:
 (a) does not pay the infringement notice penalty; and
 (b) is prosecuted for, and convicted of, the alleged offence mentioned in the infringement notice;
the court must not, in determining the penalty to be imposed, take into account the fact that the person did not pay the infringement notice penalty.

Division 11.6—Demerit points system

11.300  Purpose of Division
  This Division establishes a demerit points system under which the approval of a maritime security plan, a ship security plan or an offshore security plan may be cancelled.

11.305  Accrual of demerit points by maritime industry participants
 (1) If a maritime industry participant:
 (a) is issued with an infringement notice, and pays the infringement notice penalty; or
 (b) is convicted or found guilty of an offence;
the participant accrues 1 demerit point for each penalty unit of:
 (c) the maximum number of penalty units that a court could impose on the participant for the alleged offence; or
 (d) if the penalty