MIGRATION ACT 1958 - SECT 261A Forfeiture of things used in certain offences

MIGRATION ACT 1958 - SECT 261A

  (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.