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TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 - SECT 84
Power to detain ship
84 Power to detain ship
(1) An authorised officer for the State may detain a ship if the officer has
clear grounds for believing a discharge offence has happened because of acts
or omissions in relation to the ship in coastal waters. Note— See Article
220 (2) of the United Nations Convention on the Law of the Sea 1982.
(2)
The authorised officer may, after detaining a ship, order the ship’s master
to move the ship to a reasonable stated place.
(3) The ship’s master must
comply with the order, unless the master has a reasonable excuse.
Penalty— Maximum penalty—3,500 penalty units.
(4) The authorised
officer may, acting with any necessary and reasonable help and force, escort
the ship to the place.
(5) If, before the ship is released from detention,
the ship leaves the place, the ship’s owner and master each commit an
offence, unless there was a reasonable excuse for the ship leaving the place.
Penalty— Maximum penalty—3,500 penalty units.
(6) In this
section—
"discharge offence" means a discharge offence within the meaning of part 4 , 5
, 6 , 7 , 8 or 9 .
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