Commonwealth Consolidated Acts

NAVIGATION ACT 1912 - SECT 389A

             (3)  If a prescribed officer has reason to believe that an offence against section 137.1, 144.1, 145.1 or 145.2 of the Criminal Code has been committed in relation to a certificate, the officer may, by notice in writing to the person in possession of the certificate, require the certificate to be delivered to the officer.

             (4)  A person to whom a notice is given under subsection (3) shall comply with the notice.

Penalty:  $500.

          (4A)  An offence under subsection (4) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (5)  Where a certificate has been delivered to a prescribed officer in pursuance of a notice given under subsection (3):

                     (a)  the prescribed officer may, for the purpose of inquiring into the matter, retain the certificate until the expiration of a period of one month after the certificate was delivered to the officer; and

                     (b)  if proceedings in respect of an offence against section 137.1, 144.1, 145.1 or 145.2 of the Criminal Code are pending in relation to the certificate at the expiration of that period, the officer may retain the certificate until the proceedings are discontinued or finally determined.

             (6)  In this section, certificate means any of the certificates of a master, officer, seaman or pilot that is issued under this Act, and includes a certified copy of such a certificate.

             (7)  For the purposes of subsection (6), certificate , in relation to a pilot, includes a licence issued to a pilot under regulations made under section 186C.