PROTECTION OF THE SEA (CIVIL LIABILITY) ACT 1981 - SECT 22 Detention of ships

PROTECTION OF THE SEA (CIVIL LIABILITY) ACT 1981 - SECT 22

  (1)   Subject to subsection   (2), where an amount is, by virtue of section   21, a charge on a ship, the ship may be detained by a person authorized in writing by the Minister for the purposes of this section and may be so detained until the amount is paid or security for the payment of the amount is provided to the satisfaction of the Minister.

  (1A)   If a ship is detained under this section, the person authorised to detain it may escort it to a port in Australia.

  (1B)   While a ship is detained under this section, a person does not have the power of seizure provided for by section   123 of the Personal Property Securities Act 2009 in relation to the ship.

  (2)   Subsection   (1) does not apply in relation to a foreign ship unless the ship is in Australian waters or in the exclusive economic zone.

  (3)   Where a ship that has been detained under this section goes to sea before it is released from detention, the master and owner of the ship each commit an offence against this subsection punishable, upon conviction:

  (a)   in the case of the master--by a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both;

  (b)   in the case of the owner, if the owner is not a body corporate--by a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both; or

  (c)   in the case of the owner, if the owner is a body corporate--by a fine not exceeding 100 penalty units.

  (3A)   An offence under subsection   (3) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (4)   In this section:

"Australian waters" means:

  (a)   the territorial sea of Australia; and

  (b)   the sea on the landward side of the territorial sea of Australia.

"exclusive economic zone" means the exclusive economic zone, within the meaning of the Seas and Submerged Lands Act 1973 , adjacent to the coast of Australia or the coast of an external Territory.

"foreign ship" means a ship:

  (a)   that is not registered in Australia; and

  (b)   that does not have Australian nationality.