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MARINE SAFETY ACT 1998 - SECT 46 Repair and disposal of unsafe vessels

MARINE SAFETY ACT 1998 - SECT 46

Repair and disposal of unsafe vessels

46 Repair and disposal of unsafe vessels

(1) An authorised officer may board and inspect a vessel that the authorised officer reasonably suspects may be an unsafe vessel.
(2) An authorised officer may board and inspect a vessel only if it is in, or in the immediate vicinity of, State waters.
(3) If an authorised officer inspects a vessel and determines that the vessel is an unsafe vessel, the authorised officer may, by notice in writing given to the owner or operator of the vessel, require the owner or operator to take the measures specified in the notice to repair the vessel or otherwise make the vessel safe within a specified period.
(4) If the owner or operator of the vessel to whom a notice is given under this section fails to comply with any of the requirements of the notice, within the period specified in the notice, the owner or operator is guilty of an offence.
: Maximum penalty--50 penalty units.
(5) If the owner or operator of the vessel to whom a notice is given under this section fails to comply with any of the requirements of the notice within the period specified in the notice, an authorised officer may do any of the following--
(a) take the measures specified in the notice,
(b) detain the vessel (either on or off the water) provided such action is considered by the Minister to be reasonable in the circumstances,
(c) dispose of the vessel provided such action is considered by the Minister to be reasonable in the circumstances.
(6) The Minister may, by proceedings brought in a court of competent jurisdiction, recover as a debt from a person to whom a notice has been given under this section the costs incurred in taking action under subsection (5).