MIGRATION ACT 1958 - SECT 261 Disposal of dilapidated vessels etc.

MIGRATION ACT 1958 - SECT 261

  (1)   If a non - citizen who enters Australia:

  (a)   is required to comply with section   166 (immigration clearance); and

  (b)   either:

  (i)   does not comply; or

  (ii)   on complying, is detained under section   189;

the Secretary or Australian Border Force Commissioner may, in writing, direct an officer to seize the vessel on which the non - citizen came to Australia.

  (2)   If:

  (a)   a vessel is seized under subsection   (1) or section   261B; and

  (b)   the vessel has not been forfeited and condemned under section   260 or condemned as forfeited under Division   13A; and

  (c)   the vessel has not been ordered by a court to be delivered to a person or otherwise dealt with; and

  (d)   the Secretary or Australian Border Force Commissioner is satisfied that the vessel is in such a poor condition that its custody or maintenance involves expense out of proportion to its value; and

  (e)   a person other than the Commonwealth does not meet, or make arrangements that the Secretary or Australian Border Force Commissioner considers are satisfactory to meet, that expense;

the Secretary or Australian Border Force Commissioner may in writing, direct an officer to sell, destroy or otherwise dispose of the vessel.

  (3)   The officer must comply with the direction.

  (4)   The proceeds of a sale are to be applied firstly in payment of costs incurred by the Commonwealth in the custody or maintenance of the vessel, and in selling or disposing of the vessel, and, subject to subsection   (5), the balance is to be paid to the owner and any other persons with interests in the vessel before its sale.

  (5)   If:

  (a)   a person owes a debt to the Commonwealth under this Act; and

  (b)   an amount by way of the balance of the proceeds of a sale (the balance amount ) is payable to the person under subsection   (4);

the Commonwealth may apply the balance amount in payment of the debt, and the debt is reduced accordingly. The amount applied must not exceed the amount of the debt.

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