Commonwealth Consolidated Acts

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PROTECTION OF THE SEA (SHIPPING LEVY COLLECTION) ACT 1981 - SECT 12

Detention of ship for unpaid levy

  (1)   A ship in respect of which levy is payable may be detained by a Collector until the levy is paid.

  (2)   If a ship that has been detained by a Collector under subsection   ( 1) goes to sea without having been released by the Collector, the master of the ship commits an offence punishable, upon conviction, by a fine not exceeding 5 penalty units .

  (2A)   An offence under subsection   ( 2) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (3)   A reference in this section to levy payable in respect of a ship shall be read as including a reference to an amount that, under section   8, is payable on account of levy that may become payable in respect of the ship.

  (4)   While a ship is detained under subsection   ( 1), a person does not have the power of seizure provided for by section   123 of the Personal Property Securities Act 2009 in relation to the ship.



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