Commonwealth Consolidated Acts

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NAVIGATION ACT 2012 - SECT 248

Power for AMSA to detain

  (1)   AMSA may detain a vessel and may also bring it, or cause it to be brought, to a port, or to another place that AMSA considers appropriate , if:

  (a)   AMSA reasonably suspects that the vessel is unseaworthy or substandard ; or

  (b)   AMSA reasonably suspects that the vessel has been, is or will be involved in a contravention, either in or outside Australia, of this Act; or

  (c )   AM SA reasonably suspects that a s eafarer of the vessel or a person on board the vessel has been , is or will be involved in a contravention, either in or outside Australia, of this Act ; or

  (d )   both of the following apply:

  ( i )   AMSA reasonably suspects that the master of the vessel, or a seafarer of the vessel, would contravene this Act if he or she operated the vessel without a particular certificate or certificates, or other documentary evidence ;

  (ii)   the master of the vessel , or the seafarer, does not produce t he certificate or certificates or the other documentary evidence to AMSA when requested to do so; or

  (e )   a provision of this Act provides for AMSA to detain the vessel.

  (2)   If AMSA detains a vessel under subsection   ( 1), AMSA must give written notice, within 14 days, to:

  (a)   the master of the vessel; or

  (b)   the person who had possession or control of the vessel immediately before it was detained.

  (3 )   The notice must:

  (a)   identify the vessel; and

  (b)   state that the vessel has been detained; and

  (c)   specify the reason for the detention ; and

  (d)   specify contact details of an inspector who can provide further informatio n; and

  (e)   specify any conditions to which the detention of the vessel is subject.

  (4 )   The regulations may make provision in relation to the re lease of detained vessels.

  ( 5 )   A MSA may detain a foreign vessel only if the vessel is:

  (a)   in an Australian port; or

  (b)   entering or leaving an Australian port; or

  (c )   in the internal waters of Australia; or

  (d)   in the territorial sea of Australia, other than in the course of innocent passage.


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