Commonwealth Consolidated Acts

NAVIGATION ACT 1912 - SECT 267ZZ

             (1)  The Authority may cancel an air pollution prevention certificate that is in force for an Australian ship if the Authority has reason to believe that:

                     (a)  the report of a surveyor in respect of the ship was fraudulently or erroneously made or obtained; or

                     (b)  the certificate was issued upon false or erroneous information; or

                     (c)  the construction of the ship has been altered, or damaged, in a manner that affects the ship's compliance with Annex VI; or

                     (d)  the owner of the ship has failed to comply with section 267ZZA in respect of the ship.

             (2)  The Authority may cancel an air pollution prevention certificate under subsection (1) whether or not the certificate was issued by the Authority.

             (3)  The cancellation takes effect when the Authority gives written notice of the cancellation:

                     (a)  addressed to the owner, agent or master of the ship; and

                     (b)  served in accordance with the regulations.

             (4)  If an air pollution prevention certificate for a ship is cancelled, the Authority may:

                     (a)  require the certificate to be given to a specified person; and

                     (b)  detain the ship until the requirement is complied with.

             (5)  The requirement under paragraph (4)(a) must be:

                     (a)  made by notice in writing; and

                     (b)  addressed to the owner, agent or master of the ship; and

                     (c)  served in accordance with the regulations.

             (6)  A notice under paragraph (5)(a) is not a legislative instrument.