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MARITIME POWERS ACT 2013 (NO. 15, 2013) - SECT 79 Guide to this Part

MARITIME POWERS ACT 2013 (NO. 15, 2013) - SECT 79

Guide to this Part

This Part sets out processes for dealing with things taken in the exercise of powers under this Act.

Things taken fall into the following 3 categories:

               (a)     seized things;

              (b)     retained things;

               (c)     detained vessels and aircraft.

Written notice must be given to the owner or person who was in possession or control of a seized, retained or detained thing.

Seized things may be used for certain purposes, but must be returned unless:

               (a)     they are required for proceedings; or

              (b)     they have been disposed of under an Australian law; or

               (c)     they are seized under another Australian law; or

              (d)     the Commonwealth claims ownership of them.

Retained and detained things must be returned unless:

               (a)     they have been disposed of under an Australian law; or

              (b)     they are seized under an Australian law; or

               (c)     the Commonwealth claims ownership of them.

The Minister may dispose of seized, retained and detained things on the grounds set out in Division 5.

If the Commonwealth claims ownership of a seized, retained or detained thing, a person may apply to a court for its return.