MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 106 Seizure of recreational vessel

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 106

    (1)     For the purposes of impounding or immobilising a recreational vessel under this Part, a member of the police force may seize the recreational vessel—

        (a)     from a public place; or

        (b)         from a place that is not a public place with the consent of the owner or occupier of that place; or

        (c)     from a place that is not a public place with a search and seizure warrant.

    (2)     The period within which a recreational vessel may be seized under subsection (1) is—

        (a)     in the case of a seizure from a public place or a place that is not a public place with the consent of the owner or occupier of that place—

              (i)     48 hours after the alleged commission of the relevant offence; or

              (ii)     if a notice is served under section 107(1), 10 days after the expiry of the period specified in that notice; or

        (b)     in the case of a seizure from a place that is not a public place under a search and seizure warrant, the period specified in that warrant.

    (3)     In order to seize a recreational vessel under subsection (1), a member of the police force may—

        (a)     board or enter the recreational vessel using reasonable force if necessary;

        (b)     operate or move the recreational vessel by any reasonable means, including, but not limited to, by trailer, motor vehicle or vessel;

        (c)     if, after having taken reasonable steps to obtain the keys, the keys are not available, cause any locking device or other feature of the recreational vessel that is impeding the seizure of the recreational vessel to be removed, dismantled or neutralised;

        (d)     seize, operate or move a trailer, motor vehicle or other thing on which the recreational vessel is resting or by which the recreational vessel is transported by the master, owner or registered person.