NAVIGATION ACT 2012 - SECT 252 Power for officer of Customs to detain or refuse clearance

NAVIGATION ACT 2012 - SECT 252

  (1)   This section applies if :

  (a)   an application is made for a clearance of a vessel under the Customs Act 1901 for a voyage from a n Australian port ; and

  (b)   the master of the vessel would contravene a provision of this Act if he or she operated the vessel or took the vessel to sea on tha t voyage from that port without a particular certificate or certificates, or other documentary evidence .

Master must produce certificates

  (2)   T he mas ter of the vessel must, if required by an officer of Customs, produce to the officer of Customs:

  (a )   the certificate or certificates, or the other documentary evidence ; and

  (b )   any exemption in force in respect of the vessel .

Officer of Customs may detain if certificates not produced

  (3)   If an officer of Customs h as required the master of a vessel to produce a certificate or certificates , other documentary evidence or an exemption under subsection   ( 2) , the vessel may be detained by an officer of Customs until the certificate or certificates, other documentary ev idence or exemption is produced.

  (4)   If an officer of Customs detains a vessel under subsection   ( 3), an officer of Customs 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.

  (5)   The notice must:

  (a)   identify the vessel; and

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

  (c)   specify the reason for th e detention ; and

  (d)   specify contact details of an officer of Customs who can provide further information; and

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

  (6)   An officer of Customs may detain a foreign vessel under this section only if the vessel is:

  (a)   in an Australian port; or

  (b)   entering or leaving an Australian port; or

  (c )   in the i nternal waters of Australia; or

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