After regulation 58 of the Principal Regulations , the following Division is inserted in Part 3:

Division 2A - Unseaworthy vessels

58A.     Service of notice to make vessel seaworthy

(1)  A notice under section 38B of the Act may be served by publishing the notice in a newspaper circulating in the relevant locality.

(2)  The notice remains in force until –

(a) in the case of a commercial vessel, the relevant certificate of survey is obtained; or

(b) in the case of a recreational vessel, a qualified marine surveyor has surveyed the vessel and found it to be in a seaworthy condition.

58B.     Order for seizure of abandoned vessel

(1)  Where the Supreme Court makes an order under section 38D of the Act for the seizure and disposal of a vessel, the Authority is to publish a notice in a newspaper circulating in the relevant locality advising of –

(a) the date for the disposal of the vessel; and

(b) the means of disposal of the vessel.

(2)  The Authority is to keep a record of all costs incurred in the seizing and disposal of the vessel.

58C.     Person must not navigate unseaworthy vessel

(1)  A person must not navigate, or cause to be navigated, a vessel if it is unseaworthy.

Penalty:  Fine not exceeding 50 penalty units.

(2)  It is a defence in proceedings for an offence under subregulation (1) for a person to prove that –

(a) the person used all reasonable means to ensure the seaworthiness of the vessel; or

(b) the person was master or owner of the vessel and the navigation of the vessel was reasonable in the circumstances.

58D.     Detention of unseaworthy vessel

(1)  The Authority or an authorised person, by written notice, may detain an unseaworthy vessel.

(2)  A notice remains in force until –

(a) the relevant certificate of survey is obtained; or

(b) a survey of the vessel is made; or

(c) the reason for the detention ceases to exist.

(3)  The Authority, or an authorised person, is to arrange for the survey of a vessel to be carried out as soon as practicable after the vessel is detained.

(4)  The master of a detained vessel, if required to do so by an authorised person, must –

(a) allow the authorised person to inspect the vessel; and

(b) cause the vessel to be taken to any place determined by the authorised person; and

(c) cause the vessel to be docked or slipped and the cargo discharged or re-stowed to enable inspection of the vessel.

Penalty:  Fine not exceeding 50 penalty units.

(5)  The person carrying out the survey is to forward a report of the survey to the Authority as soon as practicable.

58E.     Further detention

(1)  On receipt of a report of the survey of a vessel under regulation 58D , the Authority may –

(a) release the vessel; or

(b) order the further detention of the vessel until compliance with any specified conditions.

(2)  The Authority is to give to the master of the vessel –

(a) a copy of an order made under subregulation (1) in respect of the vessel; and

(b) a copy of the report of the survey of the vessel.

58F.     Application for review of determination

(1)  An approved person may request the Authority to review a determination made in respect of a vessel that is the subject of –

(a) a notice under section 38B or an order made under 38D of the Act; or

(b) a notice under regulation 58D ; or

(c) an order under regulation 58E .

(2)  The Authority may refuse to accept a request for a review of a determination made in respect of a vessel if the Authority is satisfied that –

(a) the request or appeal is frivolous, vexatious or made in bad faith; or

(b) a review or appeal has already been conducted resulting in no change to the determination to either make the vessel seaworthy or relocate the vessel and there has been no material alteration to the vessel or its circumstances since that review or appeal was conducted.

58G.     Appeal against detention

(1)  A person may appeal to a magistrate against –

(a) a notice under regulation 58D ; or

(b) an order under regulation 58E(1)(b) ; or

(c) any requirement made by an authorised person under regulation 58D(4) .

(2)  An appeal is to be instituted within 7 days after the date on which the notice, order or requirement is made.

58H.     Offences in relation to unseaworthy vessel

(1)  A person must not –

(a) resist the detention of a vessel under regulation 58D or 58E ; or

(b) obstruct the inspection or survey of a vessel.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person must not navigate, or permit the navigation of, a vessel in respect of which a notice under regulation 58D or an order under regulation 58E is made.

Penalty:  Fine not exceeding 20 penalty units.

58I.     Costs payable by owner and master

If the Authority requires a vessel detained under regulation 58D or 58E to be taken to sea, the owner and master of the vessel are liable to pay all costs incurred as a consequence.

58J.     Complaints about unseaworthy vessels

(1)  A person may make a complaint to the Authority that a vessel is unseaworthy.

(2)  The Authority or an authorised person is to investigate a complaint as soon as practicable.

(3)  The Authority may require a person making a complaint to deposit security equivalent to the estimated amount of costs and compensation payable in respect of investigating the complaint.

(4)  A person must not navigate a vessel in respect of which an investigation is being carried out under this regulation.

Penalty:  Fine not exceeding 20 penalty units.