59.—(1) Where, following a more detailed inspection referred to in section 58(3), a ship is found not to conform to the requirements of this Act or other relevant written law, or of the Convention, as the case may be, and —
(a)
the conditions on board are clearly hazardous to the safety, health or security of seafarers; or
(b)
the non-conformity constitutes a serious or repeated breach of the requirements (inclusive of seafarers’ rights) of this Act or other relevant written law, or of the Convention, as the case may be,
the Director shall serve on the shipowner and the master of the ship, a notice of detention requiring that the ship shall not proceed to sea until any non-conformity that falls within the scope of paragraph (a) or (b) has been rectified, or until the Director has accepted a plan of action to rectify such non-conformity and is satisfied that the plan will be implemented in an expeditious manner.
(2) If the ship, after service of the notice of detention, goes to sea before it is released by the Director, the shipowner and the master shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
(3) If it is proven that a ship was unduly detained or delayed under this section, the Authority shall be liable to pay to the shipowner his costs of and incidental to the detention of the ship, and also compensation for any loss or damage sustained by him by reason of the detention.