Document ID: chunk:federal_register_of_legislation:C2004A02432:body:0:p19
Version: federal_register_of_legislation:C2004A02432
Segment Type: other
Provision Reference: 
Character Range: 44695–47290

or cause the vessel to be detained at that place or at those places.
"(5) For the purposes of the detention and other lawful dealings with a vessel, a person authorized under this section-to detain the vessel is entitled to take with him, and to have the assistance of, any members of the Defence Force or other persons that he may think necessary.
"(6) A person (other than an approved person or a person assisting an approved person under sub-section (5)) who moves, or participates in the moving of, a vessel from the place at which she is detained under sub-section (4), except with the permission, in writing, of an approved person, is guilty of an offence and is punishable, upon conviction, by a fine not exceeding $10,000 or imprisonment for a period not exceeding 5 years.
"(7) Where an approved person detains a vessel under sub-section (4), that person shall, as soon as practicable, give the Minister particulars of the detention.
"(8) Where a vessel has been detained under sub-section (4), the Minister shall, as soon as practicable after being given particulars of the detention, direct the person detaining the vessel—
    (a) if the Minister is not satisfied that this section applies to the vessel—to deliver the vessel to the master or owner of the vessel;
    (b) if the Minister is satisfied that this section applies to the vessel but, after considering the offence or offences by reason of the commission of which the section would so apply and any other relevant matters, is satisfied that it would be inappropriate for the vessel to be forfeited under this section—to deliver the vessel to the master or owner of the vessel as soon as all things required to be done in relation to the vessel for the purposes of this Act have been done; or
    (c) in any other case—to continue to detain the vessel and to serve on the master or owner of the vessel, either personally or by post, a notice in writing—
         (i) stating that the vessel has been detained under this section;
         (ii) giving particulars of the offence by reason of which the vessel is alleged to be a vessel to which this section applies; and
         (iii) setting out the terms of the provisions of sub-sections (9) and (10),
and, subject to the Customs Act 1901, the person detaining the vessel shall comply with that direction.
"(9) Where a notice under paragraph (c) of sub-section (8) is served in respect of a vessel, the owner of the vessel may, within one month after the service of the notice, bring an action in a court of competent jurisdiction for the

delivery of the vessel to him on