Maritime Transport and Offshore Facilities Security Act 2003

A maritime security guard may remove, or cause to be removed, a vessel, other than a security regulated ship, from a maritime security zone if the guard reasonably suspects that the vessel is in the zone without proper authorisation.

However, a vessel must not be removed under this section without the maritime security guard making reasonable efforts to have the person in control of the vessel remove the vessel.

The maritime security guard must ensure that:

no more force than is necessary and reasonable to remove the vessel is used; and

a person is not subjected to greater indignity than is necessary and reasonable to remove the vessel; and

reasonable efforts are taken to avoid damaging the vessel.

If a vessel is removed under this section, the maritime security guard must make reasonable efforts to notify:

the vessel’s owner; and

persons of a kind (if any) prescribed in the regulations;

If a person reasonably incurs costs or expenses in relation to the vessel’s removal, relocation or storage under this section, the vessel’s owner is liable to pay to the person an amount equal to those costs and expenses. This amount:

may be recovered by the person as a debt due to the person in a court of competent jurisdiction; and

must not be such as to amount to taxation.

The regulations may make provision for:

the disposal, through sale or otherwise, of unclaimed vessels; and

the manner in which the proceeds of any sale are to be distributed.