s.439Enforcing detention of ship
439
Section 439Part 18 — LEGAL PROCEEDINGS

Enforcing detention of ship

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

Where, under this Act, a ship is to be detained, a customs and border control officer may, refuse to clear the ship outwards.
When any provision of this Act provides that a ship may be detained until any document is produced to the proper officer of customs, the officer able to grant a clearance of the ship is, unless the context otherwise requires, that officer.
Subject to subsection (6), where proceedings are to be instituted in respect of an alleged contravention of this Act, a person exercising the power of detention shall immediately release the ship if —
no proceedings for the offence in question are instituted within seven days beginning with the day on which the ship is detained;
such proceedings are concluded without the master or owner being convicted;
either —
the sum of one hundred thousand dollars is paid to the Government by way of security; or
security which, in the opinion of the Minister, is satisfactory and is for an amount not less than one hundred thousand dollars is given to the Government by or on behalf of the master or owner;
where the master or owner is convicted of the offence, any costs or expenses ordered to be paid by the master or owner, and any fine imposed on the master or owner, have been paid; or
the release is ordered by a court or tribunal referred to in Article 292 of the United Nations Convention on the Law of the Sea 1982, and any bond or other financial security ordered by such a court or tribunal is posted.
The Government shall repay any sum paid under subsection (3)(c) or release any security so given —
if no proceedings for the offence in question are instituted within seven days beginning with the day on which the sum is paid; or
if such proceedings, having been instituted within that period, are concluded without the master or owner being convicted.
Where a sum has been paid, or security has been given, by a person under subsection (3)(c), and the master or owner is convicted of the offence in question, the sum so paid or the amount made available under the security shall be applied —
first, in payment of any costs or expenses ordered by the Court to be paid by the master or owner; and
next, in payment of any fine imposed by the Court,
and the balance shall be repaid to the person paying the sum, or giving the security.
Notwithstanding subsection (3), where a ship is detained under section 242 it shall not be released until the deficiency for which the ship was detained is rectified to the satisfaction of the Chief Executive Officer or any person authorised by the Chief Executive Officer.
Where a ship detained under this Act is to be released, an order for release shall be issued by an officer appointed under section 414 as may be appropriate in the particular case, and such person shall provide a copy of the order to the proper customs and border control officer of the port at which the ship is to be cleared onwards.

Cross References