24Director of Quarantine may detain vessel that is subject to charge

24 Director of Quarantine may detain vessel that is subject to charge

(1) A Director of Quarantine may detain a vessel if: (a) the vessel is subject to a charge created under section 22 because a quarantine charge or a late payment fee has not been paid by the owner or the operator of the vessel; and (b) the vessel is in the Australian territory. (2) The Director of Quarantine must give a written notice to the owner and the operator of the vessel stating: (a) that the vessel is detained under this section; and (b) if the owner of the vessel is liable to pay the charge or fee—that the vessel may be sold under section 29 in accordance with section 27 if the charge or fee has not been paid by the end of the day specified in the notice, which must be at least 30 days after the day the notice is given. (3) A failure to comply with subsection (2) does not affect the detention of the vessel or the power to give a direction under subsection (4). Director of Quarantine may give directions (4) For the purposes of detaining the vessel, a Director of Quarantine may give the person in charge of the vessel a direction: (a) relating to the movement of the vessel (including a direction to cause the vessel to stop); or (b) requiring the vessel to be left at a specified place in a specified manner; or (c) requiring goods on board the vessel to be unloaded at a specified place in a specified manner.

Note: See also section 43 (general provisions relating to directions).

(5) A person who is given a direction under subsection (4) must comply with the direction. Offence (6) A person commits an offence if: (a) the person is given a direction under subsection (4); and (b) the person engages in conduct; and (c) the conduct contravenes the direction.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.