Commonwealth Numbered Acts

POSTAL SERVICES ACT 1975 No. 54, 1975 - SECT 23

23. (1) Where a magistrate is satisfied, by information on oath or
affirmation-

   (a)  that a requirement has been made under section 22 with respect to the
        carriage of mail in a vessel from a port or place; and

   (b)  that there are reasonable grounds for believing that the vessel may
        depart from that port or place without that mail on board, the
        magistrate may grant a warrant authorizing an officer to board the
        vessel, with such persons as he thinks necessary to assist him, to
        detain the vessel until it is released in accordance with sub-section
        (3) and to use, or authorize the use of, reasonable force to prevent
        any person from obstructing the carrying out of the foregoing.

(2) Where a vessel is being detained in accordance with a warrant issued under
sub-section (1)-

   (a)  the Commission or a person authorized by the Commission may, at any
        time, direct that the vessel be released from detention; and

   (b)  a magistrate may, upon application made by the master of the vessel,
        direct that the vessel be released from detention if he is satisfied-

        (i)    that there is no longer any necessity for the carriage on board
               the vessel of any mail that is not already on board; or

        (ii)   that it is necessary for the safety of the vessel or of persons
               on board the vessel that the vessel leave the place at which it
               is detained.

(3) Notwithstanding any other provision of this section-

   (a)  a period of detention of the vessel in pursuance of a warrant issued
        under sub-section (1) comes to an end, by force of this sub-section,
        at the expiration of 24 hours after the commencement of the period;
        and

   (b)  when a vessel has been released from detention (whether by force of
        this sub-section or otherwise)-a further warrant under this section to
        detain the vessel shall not be issued under this section until the
        expiration of 24 hours after the time of release of the vessel.

(4) The Commission or a person acting in accordance with this section is not
liable to pay damages or compensation to any person by reason of the detention
of a vessel in accordance with a warrant granted under sub-section (1).

(5) Nothing in this section affects liability to pay harbour dues or any other
charges in respect of a vessel for any period of detention under this section.