MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 154 Power to issue embargo notices

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 154

    (1)     If a member of the police force or a transport safety officer believes on reasonable grounds that a recreational vessel is being or has been used in the commission of a relevant offence, he or she may, as soon as practicable after the commission of the relevant offence, issue a notice in the form approved by the Safety Director specifying a period not exceeding 48 hours during which the recreational vessel may not be operated by any person.

    (2)     A notice under subsection (1) may be served—

        (a)     by causing a copy of the notice to be affixed to the recreational vessel in a prominent position; or

        (b)     by causing a copy of the notice to be given to—

              (i)     the master of the recreational vessel; and

              (ii)     the registered person of the recreational vessel, if he or she is not the person referred to in subparagraph (i); and

              (iii)     the owner of the recreational vessel, if he or she is not the person referred to in subparagraph (i) or (ii)     .

    (3)     A notice under subsection (1) must specify—

        (a)     the period during which the recreational vessel may not be operated; and

        (b)     that it is an offence to operate or permit the operation of, a recreational vessel in breach of a notice issued under subsection (1); and

        (c)     if a copy of the notice has been affixed to the recreational vessel, where and how the notice can be removed from the recreational vessel; and

        (d)     any other prescribed matter.

    (4)     A person must not operate, or permit the operation of, a recreational vessel in contravention of a notice issued under subsection (1) in respect of that recreational vessel.

Penalty:     10 penalty units.

    (5)     It is a defence to a charge under subsection (4) for the person charged to prove that—

        (a)     he or she did not know; and

        (b)     it was not reasonable for him or her to know—

that a notice under subsection (1) was issued in respect of the recreational vessel.

    (6)     A person must not remove a copy of a notice affixed to a recreational vessel under this section.

Penalty:     10 penalty units.

    (7)     Subsection (6) does not apply to a member of the police force or a transport safety officer who is acting in the course of his or her duties.

    (8)     If a member of the police force or a transport safety officer has issued and served a notice under subsection (1) in respect of a vessel for a particular relevant offence—

        (a)     the power to issue a notice under subsection (1) in respect of that vessel for that particular relevant offence must not be exercised again; and

        (b)     a prohibition direction must not be issued to the master of the vessel at the time of the particular relevant offence in respect of that offence; and

        (c)     the vessel must not be seized, impounded or immobilised under Part 4.2 for that particular relevant offence.