Statutory powers of detention
36 Statutory powers of detention
This section applies where:
a law other than this Act (including a law of a State or Territory) confers on a person a power to detain a ship in relation to a civil claim; and
a proceeding on the civil claim may be commenced as an action in rem against the ship.
Where the ship is under arrest under this Act, the power to detain the ship shall not be exercised.
The exercise of the power to detain the ship does not prevent the arrest of the ship under this Act.
Where a ship that has been detained under such a power is arrested under this Act, then, by force of this subsection, the detention is suspended for so long as the ship is under arrest.
Where a ship that has been detained, or would, but for subsection (2), be liable to be detained, under such a power is arrested and sold under this Act, the civil claim is, unless the court otherwise directs, payable in priority to any claim against the ship other than the claim of a Marshal for expenses.
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