Part 13 Ships must be insured against damage by discharge of oil
(cf former Act s 13A (1))
This Part does not apply to:(a) the following ships unless the regulations declare otherwise:(i) a ship that has a gross tonnage of 400 or more,(ii) a ship used wholly for the purpose of recreational or sporting activities and not for hire or reward,(iii) a ship less than 30 metres in length,(iv) a seaplane,(v) a Government ship, other than a Government ship that is being used for commercial purposes, or(b) a ship of any class declared by the regulations to be a class of exempt ship for the purposes of this Part, or(c) a particular ship declared to be an exempt ship for the purposes of this Part by written notice of the Minister given to the owner or master of the ship.
174 Ships must be insured against oil pollution
(cf former Act s 13B (2) and (3))
(1) The master and the owner of a ship are each guilty of an offence if the ship is in State waters without having adequate insurance.Maximum penalty:
(a) in the case of an individual—$55,000, or(b) in the case of a corporation—$110,000.(2) In this section:adequate insurance in relation to a ship means:
(a) such insurance or financial security against damage that may be caused by a discharge of oil or a mixture containing oil as the Minister:(i) determines, by order, is adequate in relation to a particular ship or class of ships, or(ii) approves in relation to a particular ship, and notifies in writing to the owner or master of the ship, or(b) if a ship is required by the Protection of the Sea (Civil Liability) Act 1981 of the Commonwealth to carry a relevant insurance certificate on board, such a certificate in respect of the ship that is in force.relevant insurance certificate has the same meaning as in the Protection of the Sea (Civil Liability) Act 1981 of the Commonwealth.
175 Ships must carry evidence of insurance
(cf former Act s 13B (2) and (3))
The master and the owner of a ship are each guilty of an offence if the ship is in State waters without carrying on board evidence of the insurance required by section 174.Maximum penalty:
(a) in the case of an individual—$55,000, or(b) in the case of a corporation—$110,000.
(cf former Act s 13B (4))
An inspector may detain a ship in a port or at some other place if the inspector believes on reasonable grounds that the ship does not have adequate insurance as required by section 174, or is not carrying on board evidence of that insurance as required by section 175.
177 Detained ship must not leave port
(cf former Act s 13B (5) and (6))
(1) The master and the owner of a ship detained under this Part are each guilty of an offence if the ship departs the port or other place at which it is detained before it is released from detention.Maximum penalty:
(a) in the case of an individual—$55,000, or(b) in the case of a corporation—$110,000.(2) A person is not guilty of an offence under this section if the person can establish that he or she was not aware that the ship had been detained.