Document ID: chunk:federal_register_of_legislation:C2025C00094:section:248
Version: federal_register_of_legislation:C2025C00094
Segment Type: section
Provision Reference: s 248
Character Range: 231642–233648

248  Power for AMSA to detain
 (1) AMSA may detain a vessel and may also bring it, or cause it to be brought, to a port, or to another place that AMSA considers appropriate, if:
 (a) AMSA reasonably suspects that the vessel is unseaworthy or substandard; or
 (b) AMSA reasonably suspects that the vessel has been, is or will be involved in a contravention, either in or outside Australia, of this Act; or
 (c) AMSA reasonably suspects that a seafarer of the vessel or a person on board the vessel has been, is or will be involved in a contravention, either in or outside Australia, of this Act; or
 (d) both of the following apply:
 (i) AMSA reasonably suspects that the master of the vessel, or a seafarer of the vessel, would contravene this Act if he or she operated the vessel without a particular certificate or certificates, or other documentary evidence;
 (ii) the master of the vessel, or the seafarer, does not produce the certificate or certificates or the other documentary evidence to AMSA when requested to do so; or
 (e) a provision of this Act provides for AMSA to detain the vessel.
 (2) If AMSA detains a vessel under subsection (1), AMSA must give written notice, within 14 days, to:
 (a) the master of the vessel; or
 (b) the person who had possession or control of the vessel immediately before it was detained.
 (3) The notice must:
 (a) identify the vessel; and
 (b) state that the vessel has been detained; and
 (c) specify the reason for the detention; and
 (d) specify contact details of an inspector who can provide further information; and
 (e) specify any conditions to which the detention of the vessel is subject.
 (4) The regulations may make provision in relation to the release of detained vessels.
 (5) AMSA may detain a foreign vessel only if the vessel is:
 (a) in an Australian port; or
 (b) entering or leaving an Australian port; or
 (c) in the internal waters of Australia; or
 (d) in the territorial sea of Australia, other than in the course of innocent passage.