Document ID: chunk:federal_register_of_legislation:C2024C00684:section:18
Version: federal_register_of_legislation:C2024C00684
Segment Type: section
Provision Reference: s 18
Character Range: 19571–21654

18  Issue of certificates for ships other than government ships

Application for certificate
 (1) A person may apply to the Authority for the issue of a certificate for a ship that is registered:
 (a) in Australia; or
 (b) in a foreign country that is not a country to which the Bunker Oil Convention applies.

Government ships
 (2) This section does not apply to a government ship.
Note: Section 19 deals with the issue of certificates for certain government ships.

Form of application
 (3) An application must be:
 (a) in accordance with the form approved under subsection (4); and
 (b) accompanied by the fee (if any) prescribed by the regulations for the purposes of this paragraph.
 (4) The Authority must, by writing, approve a form for the purposes of paragraph (3)(a).
 (5) A fee must not be such as to amount to taxation.

Decision on application
 (6) If the Authority is satisfied that the registered owner of the ship is maintaining insurance or other financial security for the ship in an amount that will cover the limits of liability referred to in paragraph 1 of Article 7 of the Bunker Oil Convention in relation to the ship, it must issue a certificate for the ship.
 (7) If the Authority is not so satisfied, it must refuse to issue a certificate for the ship.

Form of certificate
 (8) A certificate under this section must be in the form approved under subsection (9).
 (9) The Authority must, by writing, approve a form for the purposes of subsection (8). That form must contain the particulars specified in paragraph 2 of Article 7 of the Bunker Oil Convention, but may contain other particulars.

Period certificate in force
 (10) A certificate under this section comes into force on the day specified in the certificate.
Note 1: Paragraph 2 of Article 7 of the Bunker Oil Convention requires the certificate to specify the period of validity of the certificate.
Note 2: Sections 22 and 23 deal with certificates ceasing to be in force.

Certificate not a legislative instrument
 (11) A certificate issued under this section is not a legislative instrument.