Section 33
Power to distrain for non-payment of charges
of Bintulu Port Authority Act 1981
(1)
Where the master of a vessel fails to pay any charges or part thereof payable on demand under this Act or any rules or by laws made thereunder, the Authority may distrain or arrest the vessel and the tackle, apparel, furniture or other article belonging to the vessel and detain the same until the charges are paid.
Bintulu Port Authority 35
(2)
Where any part of the charges or the costs of the distress, arrest or detention of the vessel, tackle, apparel, furniture or other article remain unpaid for the space of fourteen days next after any such distress, arrest or detention, the Authority may cause the vessel or the other articles so distrained, arrested or detained, to be sold, and may apply the proceeds thereof to satisfy such charges and costs
(including the costs of the sale) and the Authority shall pay the balance thereof, if any, to the master of the vessel on demand.
(3)
Where the Authority has given to the officer of the
Government whose duty it is to grant the port clearance of a vessel, a notice stating that an amount specified therein is due in respect of charges (leviable under this Act or any rules or by-laws made thereunder) against a vessel, the officer shall not grant any port clearance in respect of that vessel until the amount so leviable has been paid.
(4)
The provisions of this section (relating to the recovery of charges in arrears by the Authority) shall be in addition to and not in derogation of the rights of the Authority under any other law.