33UProhibition or conditions on use or operation of port facilities

1. The Director may prohibit or impose conditions on the use or operation of any commercial port if the Director reasonably believes that—

2. the operation or use of that port, or any activity or operational, maintenance, or servicing procedure at that port, is likely to cause, has caused, or is likely to have caused an accident:
3. port personnel are not familiar with procedures essential for ensuring maritime safety or preventing marine pollution:
4. conditions previously imposed under this subsection are not being met.

5. A prohibition or condition imposed under subsection (1) may be maintained only for so long as is necessary in the interests of—

6. ensuring maritime safety:
7. protecting the health or safety of any person on a ship or at sea:
8. preventing marine pollution.

9. Despite subsection (2), any document, information, or object that is required for evidence in any prosecution under this Act may be retained by the Director for any period that the Director considers necessary for that purpose.

10. The Director must—

11. notify the prohibitions or conditions made under this section to the persons he or she considers necessary in the manner the Director considers appropriate in the circumstances:
12. provide the owner or the person for the time being in charge of the port with the reasons, in writing, for the prohibition or conditions.

13. A person in respect of whom any decision is taken under this section may appeal against that decision to the District Court under section 424.

14. Every person who, without reasonable excuse, acts in contravention of or fails to comply with any prohibition or condition imposed under this section commits an offence and is liable,—

15. in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
16. in the case of a body corporate, to a fine not exceeding $100,000.