(Reg 9.1 of Annex II of MARPOL) (cf former Act s 44)
(1) The master of a prescribed ship must not begin a voyage unless there is a chemical tanker construction certificate in force in respect of the ship.Maximum penalty: $11,000 or imprisonment for 4 years, or both.
(2) The owner of a prescribed ship must not permit the ship to begin a voyage unless a chemical tanker construction certificate is in force in respect of the ship.Maximum penalty:(a) in the case of an individual--$11,000 or imprisonment for 4 years, or both, or(b) in the case of a corporation--$55,000.
(3) The owner of a prescribed ship in respect of which a chemical tanker construction certificate is in force must ensure that the certificate is carried on board the ship.Maximum penalty: $1,100.
(4) In this section:
"chemical tanker construction certificate" means:(a) a NSW chemical tanker construction certificate, or(b) a chemical tanker construction certificate issued under section 267Q of the Navigation Act 1912 of the Commonwealth, or(c) a chemical tanker construction certificate issued under a law of another State or the Northern Territory and being a certificate of a kind prescribed by the regulations as acceptable for the purposes of this Part, or(d) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued to a foreign ship under section 267R of the Navigation Act 1912 of the Commonwealth.
"prescribed ship" means:(a) a trading ship proceeding on an intra-state voyage, or(b) an Australian fishing vessel proceeding on a voyage other than an overseas voyage, or(c) a pleasure vessel,that is:(d) carrying noxious liquid substances in bulk, and(e) engaged in a voyage to a port or terminal in the State.