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MIGRATION ACT 1958 - SECT 261A

Forfeiture of things used in certain offences

             (1)  The following things are forfeited to the Commonwealth:

                     (a)  a vessel used or involved in a contravention of this Act (where the contravention occurred in Australia), if the contravention involved:

                              (i)  the bringing or coming to Australia of one or more persons who were, or upon entry into Australia became, unlawful non-citizens; or

                             (ii)  the entry or proposed entry into Australia of one or more such persons;

                     (b)  a vehicle or equipment:

                              (i)  on a vessel described in paragraph (a) at the time of the contravention mentioned in that paragraph; or

                             (ii)  used or involved in the contravention referred to in that paragraph.

             (2)  Despite subsection (1), a vessel that:

                     (a)  was used or involved in a contravention of this Act of a kind referred to in that subsection; and

                     (b)  at the time of the contravention, was being used in the course of a regular public transport operation;

is not forfeited to the Commonwealth if both the master and the owner of the vessel:

                     (c)  did not know; and

                     (d)  could not reasonably be expected to have known;

that it was used or involved in the contravention.

             (3)  In this section:

"regular public transport operation " , in relation to a vessel, means an operation of the vessel for the purpose of a service that:

                     (a)  is provided for a fee payable by persons using the service; and

                     (b)  is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; and

                     (c)  is available to the general public on a regular basis.



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