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HISTORIC SHIPWRECKS ACT 1981 - SECT 24

HISTORIC SHIPWRECKS ACT 1981 - SECT 24

24—Seizure and forfeiture

        (1)         If an inspector has reason to suspect that any vehicle, vessel, equipment or other thing has been used in, is otherwise involved in, or affords evidence of, the commission of an offence against this Act, the inspector may seize and retain the vehicle, vessel, equipment or other thing—

            (a)         until the expiry of a period of 60 days after the seizure; or

            (b)         if a prosecution for an offence against this Act is commenced and the vehicle, vessel, equipment or other thing may have been used in, been otherwise involved in, or afford evidence of, the commission of the alleged offence—until the prosecution is terminated.

        (2)         The Minister may authorise any vehicle, vessel, equipment or other thing seized under subsection (1) to be released to its owner, or to the person from whose possession it was seized, either unconditionally or on such conditions as the Minister thinks fit, including conditions as to the giving of security for payment of its value if it is forfeited.

        (3)         If a court convicts a person of an offence against this Act, the court may order the forfeiture to the Crown of any vehicle, vessel, equipment or other thing used or otherwise involved in the commission of the offence.

        (4)         Any vehicle, vessel, equipment or other thing forfeited under this section may be sold or otherwise dealt with as the Minister thinks fit.

        (5)         A reference in this section to a thing involved in the commission of an offence includes a reference to any historic shipwreck, or part of a historic shipwreck or any historic relic, to which the offence relates.