New South Wales Consolidated Acts

MARINE SAFETY ACT 1998 - SECT 46

46 Detention of unsafe vessels

(1) The Minister may order a vessel to be provisionally detained if it appears to the Minister to be an unsafe vessel. The vessel may not be provisionally detained unless it is in State waters or in any other part of the State.

(2) When a vessel has been ordered to be provisionally detained the following provisions apply:

(a) The Minister must, as soon as practicable, cause to be served on the master or owner of the vessel a notice of the detention and a written statement of the reasons for the detention.

(b) The Minister is required to appoint an investigator to investigate the vessel in accordance with Part 8 and report to the Minister.

(c) The Minister may, on receipt of the report:

(i) order its release, or

(ii) if of the opinion that it is an unsafe vessel, order it to be finally detained either absolutely or until the performance of such conditions as the Minister considers necessary to ensure that the vessel is not an unsafe vessel.

(d) The Minister may at any time (and without any report) order the release of the vessel (with or without conditions) if satisfied that the vessel is not an unsafe vessel.

(e) Before an order for final detention is made, the Minister must cause a copy of the report to be served on the master or owner of the vessel.

(f) The Minister must cause a copy of an order for final detention to be served on the owner and master of the vessel (if their identity and whereabouts are known to the Minister).

(3) When any order for the final detention of a vessel is made, the vessel must not be released until the Minister is satisfied that its further detention is no longer necessary, and orders its release.

Note: Section 134 provides that an instrument required by this section to be served on the owner or master of a vessel may be served instead on the agent of the vessel.