Document ID: chunk:federal_register_of_legislation:C2024C00684:section:20
Version: federal_register_of_legislation:C2024C00684
Segment Type: section
Provision Reference: s 20
Character Range: 24538–26052

20  Enforcement officer may require insurance certificate to be produced
 (1) An enforcement officer may require the master or other person in charge of a ship to which this Part applies to produce to the officer an appropriate insurance certificate for the ship that is in force if:
 (a) for a ship that is registered in Australia—the ship is in Australia; or
 (b) for any other ship—the ship is at a port in Australia or at an offshore facility in the coastal sea of Australia or an external Territory or in the waters of the sea within the limits of a State or Territory.

Offence
 (2) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (1); and
 (b) the person fails to comply with the requirement.
Penalty: 20 penalty units.
 (3) An offence against subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) Subsection (2) does not apply if:
 (a) an appropriate insurance certificate for the ship is in force at the time the requirement under subsection (1) is made; and
 (b) the issuer of the certificate has notified the Secretary‑General that it maintains records in an electronic form that attest to the existence of the certificate; and
 (c) the records are accessible to all countries to which the Bunker Oil Convention applies.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.

Subdivision C—Detention of ships