MIGRATION ACT 1958 - SECT 260 Detention of vessel pending recovery of penalty

MIGRATION ACT 1958 - SECT 260

  (1)   The Secretary or Australian Border Force Commissioner may, in writing, direct an officer to detain a vessel where, in the Secretary's or Australian Border Force Commissioner's opinion, the master, owner, agent or charterer of the vessel has been guilty of an offence against this Act.

  (2)   Where a direction is given under subsection   (1):

  (a)   the officer specified in the direction may detain the vessel at the place where it is found or cause it to be brought to another place specified by the Secretary or Australian Border Force Commissioner and detain it at that place; and

  (b)   the Secretary or Australian Border Force Commissioner shall forthwith give notice of the detention to the master, owner, charterer or agent of the vessel.

  (3)   For the purposes of the detention and other lawful dealings with the vessel, the officer specified in the direction is entitled to obtain such seizure warrant issued under Division   1 of Part   XII of the Customs Act 1901 or other aid as may be obtained under a law of the Commonwealth with respect to the seizure of vessels or goods.

  (4)   The detention of a vessel under this section shall cease if a bond with 2 sufficient sureties to the satisfaction of the Secretary or Australian Border Force Commissioner is given by the master, owner, agent or charterer of the vessel for the payment of any penalties that may be imposed in respect of the alleged offence.

  (5)   If, while the vessel is detained under this section, default is made in payment of any penalties imposed in respect of an offence against this Act by the master, owner, agent or charterer of the vessel, the Secretary or Australian Border Force Commissioner may seize the vessel, and the like proceedings shall thereupon be taken for forfeiting and condemning the vessel as in the case of a vessel seized for breach of the Customs Act 1901 , and the vessel shall be sold.

  (6)   The proceeds of the sale shall be applied firstly in payment of the penalties referred to in subsection   (5) and of all costs awarded in connexion with the proceedings in which the penalties were imposed or incurred in and about the sale and the proceedings leading to the sale, and the balance shall be payable to the owner and other persons having interests in the vessel before the condemnation and sale.

  (7)   Division   13A does not limit the operation of this section.