Document ID: chunk:federal_register_of_legislation:C2024C00559:clause:1_101
Version: federal_register_of_legislation:C2024C00559
Segment Type: clause
Provision Reference: sch 1 cl 101
Character Range: 138087–139975

101  Detaining domestic commercial vessels
 (1) A marine safety inspector may detain a domestic commercial vessel and bring it, or cause it to be brought, to a port, or to another place that he or she considers appropriate, if the inspector reasonably suspects that the vessel is, will be or has been involved in a contravention, either in or outside Australia, of this Law.
 (2) If a marine safety inspector detains a domestic commercial vessel under subsection (1), the inspector must give written notice, within 14 days, to:
 (a) the person who holds the certificate of operation for the vessel; or
 (b) if no such person is able to be located—the person who had possession or control of the vessel immediately before it was detained.
 (3) If the marine safety inspector cannot conveniently give the notice in person, the inspector may give the notice by fixing the notice to a prominent part of the vessel.
 (4) The notice must:
 (a) identify the vessel; and
 (b) state that the vessel has been detained; and
 (c) specify the reason for this; and
 (d) specify contact details of a marine safety inspector who can provide further information; and
 (e) include information about the return of the vessel.
 (5) The regulations may make provision for and in relation to the return of detained vessels, including:
 (a) the steps that must be taken to return detained vessels; and
 (b) the persons to whom detained vessels are to be returned.
Note: Division 7 deals with costs of detention and disposal of vessels that cannot be returned.
 (6) A person commits an offence if:
 (a) the person operates a vessel, or causes or permits the operation of a vessel, that has been detained under subsection (1); and
 (b) the vessel has not been released from detention; and
 (c) a marine safety inspector has not consented to the operation of the vessel by the person.
Penalty: 120 penalty units.