Document ID: chunk:federal_register_of_legislation:C2004A00551:clause:1_245h
Version: federal_register_of_legislation:C2004A00551
Segment Type: clause
Provision Reference: sch 1 cl 245H
Character Range: 30070–32417

245H  Moving or destroying hazardous ships etc.

Application of section to ships in Australia

 (1) This section applies to a ship that is in Australia and that an officer reasonably suspects is or has been involved in a contravention or an attempted contravention, either in or outside Australia, of this Act.

Application of section to ships outside Australia

 (2) This section also applies to a ship that is outside Australia if:
 (a) an officer has detained it under subsection 245F(8); and
 (b) in the case of an Australian ship—the officer reasonably suspects it is or has been involved in a contravention or an attempted contravention, either in or outside Australia, of this Act; and
 (c) in the case of a foreign ship—the officer reasonably suspects it is or has been involved in a contravention in Australia of this Act.

When the ship may be destroyed or moved

 (3) The Secretary may direct an officer to move, destroy, or move and destroy the ship, or cause such thing to be done, if the Secretary has reasonable grounds to believe any of the following:
 (a) that the ship is unseaworthy;
 (b) that the ship poses a serious risk to navigation, quarantine, safety or public health;
 (c) that the ship poses a serious risk of damage to property or the environment.

Giving of notice after the ship has been destroyed

 (4) As soon as practicable, but not later than 7 days after the ship has been destroyed, the Secretary must give a written notice to:
 (a) the owner of the ship; or
 (b) if the owner cannot be identified after reasonable inquiry—the person in whose possession or under whose control the ship was when it was detained or located.

 (5) The notice must state:
 (a) that the ship has been destroyed under subsection (3); and
 (b) the reason for the destruction; and
 (c) that compensation may be payable under section 3B.

Note: A person may be paid compensation under section 3B if the destruction of the ship results in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution).

Failure to give notice not to affect validity

 (6) A failure to give a notice under this section does not affect the validity of the ship's destruction.

Section to override certain other provisions

 (7) This section applies despite sections 260 and 261 and Subdivisions B and C of Division 13A.