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← Sabah Ports Authority (Consequential Provisions) Act 1968

Sabah Ports Authority (Consequential Provisions) Act 1968 s 9

Sabah Ports Authority (Consequential Provisions) Act 1968 s 9

s 9 Power to distrain for non-payment of dues, rates, etc.

(1) If the master or owner of any vessel in respect of which any dues, rates or penalties are payable under the Enactment or any regulations made under the Enactment refuses or neglects to pay the dues, rates or penalties or any part thereof on demand, the Authority may, in addition to any other remedy which it may be entitled to use, distrain or arrest of its own authority such vessel and the tackle, apparel or furniture belonging to the vessel or any part thereof, and detain the vessel, tackle, apparel or furniture until the amount so due is paid. (2) In case any part of the dues, rates or penalties, or of the costs of the distress or arrest, or of the keeping of the vessel, tackle, apparel or furniture remains unpaid for fourteen days next after any such distress or arrest has been so made, the Authority may cause the vessel or other thing so distrained or arrested to be sold, and with the proceeds of such sale may satisfy such dues, rates or penalties and costs, including costs of sale remaining unpaid, rendering the surplus, if any, to the master or owner of such vessel on demand. (3) Where a port clearance is withheld in accordance with section 47 of the Enactment, the Authority shall pay to the Government of Malaysia or Government of Sabah, or both of them, as the case may be, any damages, compensation, costs or any expenses arising out of the withholding of such port clearance.

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Find Act 797 on lom.agc.gov.my ↗

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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