Marine Safety Act 1998 No 121
Current version for 1 September 2014 to date (accessed 26 November 2014 at 16:13)
Part 5Division 1

Division 1 Unsafe vessels

44   Definition of “unsafe vessel”

A vessel is an unsafe vessel for the purposes of this Division if, because of:
(a)  the condition or equipment of the vessel, or
(b)  the manner or place in which cargo or equipment on the vessel is stowed or secured, or
(c)  the nature of the cargo, or
(d)  the overloading of the vessel with persons or cargo (including the submergence of the vessel’s load line), or
(e)  the number or qualifications of its crew, or
(f)  any other reason,
the operation of the vessel is likely to endanger any person.

45   Owner or master not to operate unsafe vessel

(1)  The owner of a vessel must not operate the vessel if the owner knows, or ought reasonably to know, that it is an unsafe vessel.

Maximum penalty: 400 penalty units or 2 years imprisonment, or both.

(2)  The master of a vessel must not operate a vessel if the master knows, or ought reasonably to know, that it is an unsafe vessel.

Maximum penalty: 400 penalty units or 2 years imprisonment, or both.

(3)  The fact that an unsafe vessel has been detained under this Division does not prevent a prosecution for an offence against this section.

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.

47   Operating detained vessel

(1)  The owner of a vessel must not cause or allow the vessel to be taken on a voyage if the owner knows that the vessel has been detained under this Division and has not been duly released.

Maximum penalty: 100 penalty units or 2 years imprisonment, or both.

(2)  The master of a vessel must not take the vessel on a voyage if the master knows that the vessel has been detained under this Division and has not been duly released.

Maximum penalty: 100 penalty units or 2 years imprisonment, or both.

(3)  An agent for a vessel that has been detained under this Division and has not been duly released must not assist the owner or master of the vessel to contravene this section.

Maximum penalty: 100 penalty units or 2 years imprisonment, or both.

(4)  A person must not obstruct or fail to comply with any reasonable requirement of a person appointed by the Minister to take charge of a vessel detained under this Division in connection with the exercise of that person’s functions.

Maximum penalty: 20 penalty units.

48   Costs of detention

If a vessel is detained under this Division without reasonable cause, the State or the Minister is liable to pay the owner of the vessel compensation for any loss or damage resulting from the detention.
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