Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Where a person has been convicted of an offence under section 8, 20 or 25C and the Crown, pursuant to section 38, is awarded or recovers any of the costs that it has incurred in relation to the incident constituting the offence, those costs are taken to be a charge on the ship from which the offence was committed.
(2) If the ship is in State waters, the Director may detain it on behalf of the Crown until –
(a) the costs are paid; or
(b) security for the costs is provided to the satisfaction of the Director.
(3) If the ship leaves State waters without the written permission of the Director or an authorized officer before it is released from detention, the master and the owner of the ship are each guilty of an offence and are each liable on summary conviction to –
(a) if the offender is a natural person – 500 penalty units and a further fine not exceeding 50 penalty units for each full day that the ship remains outside State waters; or
(b) if the offender is a body corporate – 1 000 penalty units and, in the case of a continuing offence, a further fine not exceeding 100 penalty units for each full day that the ship remains outside State waters.
(4) A ship is taken to have been detained or released from detention for the purposes of this section when the Director, on behalf of the Crown, serves written notice of the detention or release on the master, or on an owner, of the ship.