Commonwealth Numbered Acts Commonwealth Numbered Acts(1) This section applies if:
(a) an application is made for a clearance of a vessel under the Customs Act 1901 for a voyage from an Australian port; and
(b) the master of the vessel would contravene a provision of this Act if he or she operated the vessel or took the vessel to sea on that voyage from that port without a particular certificate or certificates, or other documentary evidence.
Master must produce certificates
(2) The master of the vessel must, if required by an officer of Customs, produce to the officer of Customs:
(a) the certificate or certificates, or the other documentary evidence; and
(b) any exemption in force in respect of the vessel.
Customs may detain if certificates not produced
(3) If an officer of Customs has required the master of a vessel to produce a certificate or certificates, other documentary evidence or an exemption under subsection (2), the vessel may be detained by Customs until the certificate or certificates, other documentary evidence or exemption is produced.
(4) If Customs detains a vessel under subsection (3), an officer of Customs must give written notice, within 14 days, to:
(a) the master of the vessel; or
(b) the person who had possession or control of the vessel immediately before it was detained.
(5) The notice must:
(a) identify the vessel; and
(b) state that the vessel has been detained; and
(c) specify the reason for the detention; and
(d) specify contact details of an officer of Customs who can provide further information; and
(e) specify any conditions to which the detention of the vessel is subject.
(6) Customs may detain a foreign vessel under this section only if the vessel is:
(a) in an Australian port; or
(b) entering or leaving an Australian port; or
(c) in the internal waters of Australia; or
(d) in the territorial sea of Australia, other than in the course of innocent passage.