Marine Safety Act 1998 No 121
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
(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
(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
(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
(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
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.