83Detention of unseaworthy vessel

83 Detention of unseaworthy vessel

(1)  MAST or an authorised person, by notice to the owner of the vessel, may detain an unseaworthy vessel.

(2)  A notice remains in force until –

(a) the relevant certificate of survey is obtained; or

(b) a survey of the vessel is made; or

(c) the reason for the detention ceases to exist.

(3)  MAST, or an authorised person, is to arrange for the survey of a vessel to be carried out as soon as practicable after the vessel is detained.

(4)  The owner of a detained vessel, if required to do so by an authorised person, must –

(a) allow the authorised person to inspect the vessel; and

(b) cause the vessel to be taken to any place determined by the authorised person; and

(c) cause the vessel to be docked or slipped and the cargo discharged or re-stowed to enable inspection of the vessel.

Penalty:  Fine not exceeding 50 penalty units.

(5)  The person carrying out the survey is to forward a report of the survey to MAST as soon as practicable.

(6)  On receipt of a report of the survey of a vessel under subregulation (5) , MAST may –

(a) release the vessel; or

(b) order the further detention of the vessel until compliance with any specified conditions.

(7)  MAST is to give to the owner of the vessel –

(a) a copy of an order made under subregulation (6)(b) in respect of the vessel; and

(b) a copy of the report of the survey of the vessel.