Document ID: chunk:federal_register_of_legislation:F2019L00206:reg:20:p2
Version: federal_register_of_legislation:F2019L00206
Segment Type: reg
Provision Reference: reg 20 (pt 2/2)
Character Range: 33698–35519

of paragraph (1)(b), the things are the following:
 (a) the instrument (if any) by which ownership of the ship passed to the owner named in the application;
 (b) the tonnage certificate (if any) that is in force in relation to the ship;
 (c) if the ship has, at any time, been registered under the law of a foreign country, documentary evidence that:
 (i) the ship is no longer registered under the law of that country; or
 (ii) steps have been taken, or are proposed to be taken, to close the registration of the ship under the law of that country on or before the grant of the provisional registration certificate.
 (4) However, if an application under subsection (1) includes a statement to the effect that the person signing the application is unable to specify a matter referred to in paragraph (2)(b), (f), (g) or (j) and a statement of the reasons for that inability:
 (a) the application is not required to specify that matter; and
 (b) if a matter is the matter referred to in paragraph (2)(j)—paragraph (3)(c) does not apply in relation to the application.

Offence
 (5) A person commits an offence of strict liability if:
 (a) a provisional registration certificate granted in respect of a ship ceases to have effect before the ship first arrives at, or returns to, an Australian port after the grant; and
 (b) the person has the possession of the provisional registration certificate at the time of the cessation; and
 (c) the person does not, before the end of 30 days starting on the day of the cessation, lodge the provisional registration certificate with the Registrar.
Penalty: 5 penalty units.
 (6) Subsection (5) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.