48. Power to detain vessel

The Controller may by writing under his or her hand authorise the Director of Marine to detain any vessel in connection with which an offence under this Act is reasonably believed to have been or to be about to be committed, and the vessel may then be detained either at the place where it is found or at any place to which the Controller may order it to be brought.

The Controller must give notice to the master, operator, owner, charterer or agent of the vessel of the detention of the vessel.

For the purposes of the detention and other lawful dealing with the vessel, the Director of Marine has power to muster the crew and may, if he or she considers it necessary to do so, place a police guard on board.

The detention is for safe custody only, and ceases if a bond with 2 sufficient sureties to the satisfaction of the Controller is given by the master, operator, owner, charterer or agent of the vessel for the payment of any fine, costs, expenses or charges incurred under this Act in respect of any offence or default thereunder.

If default is made in the payment of any such fine, costs, expenses or charges, the Director of Marine may seize the vessel and the vessel is to be declared forfeited to the Government by order of a court of competent jurisdiction upon the application of the Attorney‑General.

Any vessel so forfeited is to be sold free of all encumbrances.

The proceeds of sale of a vessel under this section must, despite any rule of law relating to priority of claims, be applied first in payment of any fine, costs, expenses or charges incurred under this Act and of any costs incurred in and about the sale and the proceedings leading thereto, and the balance must be paid to the owner of the vessel or other person lawfully entitled to the proceeds thereof.

Section 3(1)(r) of the High Court (Admiralty Jurisdiction) Act 1961 is to be construed as extending to any claim in respect of a liability incurred by the owner of a vessel under this Act.