Marshals' Manual
Marshals' Manual
Table of Contents (2018)
Chapter 1: introduction
[1.1] Purpose of this manual
[1.2] The Legislative framework
[1.3] Maritime transport security legislation
Chapter 2: appointment, duties and functions of marshal
[2.1] Appointment of Marshal – the legal basis
[2.2] Appointment procedure
[2.3] Appointment of Marshals in remote areas
[2.4] Revocation of appointment
[2.5] Duties and functions of the Marshal
[2.6] When the Marshal is in doubt
[2.7] Legal representation for the Marshal
[2.8] Where the ship or other property is interstate
[2.9] Marshal's records
[2.10] Occupational Health & Safety
[2.11] Marshal Contact Register
Chapter 3: arrest of ship
[3.1] The legal framework
[3.2] The arrest warrant
[3.3] Is the vessel a 'ship'?
[3.4] Notification to Office of Transport Security
[3.5] Notification to Australian Maritime Safety Authority (AMSA)
[3.6] Ensure sealed documents available
[3.7] Obtain details of location of ship or property
[3.8] Seek money on account of costs and expenses of arrest
[3.9] The Marshal's Account
[3.10] Safety: Arrange police attendance
[3.11] Items to take on arrest
[3.12] Disclosure of matters affecting safety
[3.13] Arrests at sea
[3.14] Insurance for the Marshal
[3.15] Insurance by interested parties
[3.16] Time for arrest
[3.17] Identifying the ship
[3.18] The arrest
[3.19] Maritime Security Identification Card (MSIC)
[3.20] Obstructing or interfering with Marshal
[3.21] Ship being loaded or unloaded at time of arrest
[3.22] Notification of authorities
[3.23] Notifications to the Admiralty Judges and Principal Registry
[3.24] Admiralty Arrest Register
[3.25] Notification to insurer
[3.26] Notification of ship's agent
[3.27] Notice that the ship is under arrest
[3.28] Affidavit of execution of arrest warrant
[3.29] Arrest of small vessel
[3.30] Marshal's files
Chapter 4: custody
[4.1] The legal framework
[4.2] Application to the Court
[4.3] Recording the condition of the ship
[4.4] Mooring the ship
[4.5] Bringing an arrested ship into port – maritime transport security legislation
[4.6] Other certificates
[4.7] Quarantine
[4.8] Excise on fuel purchases
[4.9] Insurance claims
[4.10] Persons on board when arrest occurs
[4.11] Repatriation of crew
[4.12] Retention of crew
[4.13] Application for removal (discharge) of cargo
[4.14] Repairs
[4.15] Moving the ship
[4.16] Ensuring compliance with ship security plans, security directions etc
Chapter 5: release
[5.1] The legal framework
[5.2] The release
[5.3] Notification of insurer
Chapter 6: valuation and sale of ship
[6.1] Who may apply for order for sale
[6.2] Third party property
[6.3] Contact ships brokers
[6.4] Legal advice
[6.5] Estimate of costs of valuation and sale
[6.6] Seek money on account of costs and expenses of sale
[6.7] Order for valuation and sale
[6.8] Notify broker that order for sale has been made
[6.9] The valuation
[6.10] Advertising the sale
[6.11] Foreign currency account
[6.12] Conditions of Sale
[6.13] Inventories
[6.14] On-board inspections
[6.15] Terminate contracts and request final accounts
[6.16] Recording the bids
[6.17] Accepting a bid
[6.18] Preserving confidentiality on the return date
[6.19] After the return date
[6.20] If the deposit is not received
[6.21] Executing the Bill of Sale
[6.22] Rule 71
[6.23] Poundage
[6.24] GST on the Sale of Ships
Chapter 7: application to determine priorities
[7.1] Who may apply for determination of priorities
[7.2] Notice of application
[7.3] Affidavit of publication
[7.4] Paying monies out of the proceeds of sale
[7.5] Protecting the proceeds of sale
Chapter 8: accounting and related matters
[8.1] Marshal's fees
[8.2] Marshal's remuneration
[8.3] Marshal's delegations
[8.4] Marshal's Account
[8.5] GST on Marshal's costs and expenses
[8.6] Tax invoices
[8.7] Vehicle costs
[8.8] Procurement of large expense items
[8.9] Court orders for supplies and services
[8.10] Reconciliation of accounting records
[8.11] Review of Marshal's records
