51Detention powers of Director

51 Detention powers of Director

(1)  The Director may order the detention of an Australian ship, or a foreign ship, if the ship is in State waters and –

(a) there are clear grounds for believing that a marine pollutant spill has occurred as a result of acts or omissions in relation to the ship; or

(b) the Director is recovering costs in accordance with section 55(2)(a) from the master, charterer or owner of the ship.

(2)  For the purposes of detaining a ship under subsection (1) , the Director may go on board the ship with such assistants and equipment as the Director considers necessary.

(3)  If a ship is detained under subsection (1) , the Director may require the ship to be escorted to a port.

(4)  The ship must be released immediately if –

(a) financial security is provided by a person in accordance with subsection (5) ; or

(b) all proceedings that have been instituted in respect of a marine pollutant spill have –

(i) been discontinued; or

(ii) been concluded (whether or not any appeal is pending) without any person being convicted of an offence or being found liable to pay an amount of money; or

(iii) have been concluded, and all penalties or other amounts of money, and all costs ordered to be paid, in respect of the marine pollutant spill have been paid; or

(c) the Director forms the belief that the marine pollutant spill did not occur, or did not occur as a result of actions in relation to the ship; or

(d) if the ship is detained under subsection (1)(b) , the costs to be recovered as referred to in that subsection have been paid in full; or

(e) the Director determines for any other reason that the ship should be released.

(5)  Financial security for the release of a ship under subsection (4)(a) must be –