Northern Territory Numbered Acts Northern Territory Numbered Acts(1) This section applies to a vessel within a designated port that, because of its condition, is a threat or danger to:
(a) persons; or
(b) vessels or other property within the port not connected with commercial shipping in the designated port.
(2) The regional harbourmaster for a designated port may, by written notice, direct the owner or master of a vessel within the port that, in the regional harbourmaster's opinion, is one to which this section applies to do any of the following to the vessel within the period specified in the direction:
(a) remove it from the port;
(b) repair it and make it safe;
(c) destroy it.
(3) An owner or master to whom a direction is given under subsection (2) commits an offence if the owner or master fails to comply with the direction within the period specified in it.
Maximum penalty: 200 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
(5) Subsection (6) applies if the owner or master to whom a direction is given under subsection (2) fails to comply with it within the period specified in it.
(6) The regional harbourmaster may authorise a person to board the vessel (with or without workers, vehicles, plant, equipment or materials) and carry out the work required to comply with the direction.
(7) For subsection (2), if the regional harbourmaster does not know the name or address of the owner or master of the vessel, a direction is sufficiently given if a notice of it addressed to the owner or master, without specifying a name, is published in a newspaper circulating generally in the Territory.
(8) However, a notice under subsection (7) must identify the vessel or describe it by any general description that the regional harbourmaster thinks fit.
(9) The costs incurred under this section by the regional harbourmaster, or a person authorised under subsection (6), may be recovered from the owner or master as a debt due and payable to the Territory.