MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 107 Surrender of recreational vessel

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 107

    (1)     If a member of the police force believes on reasonable grounds that a recreational vessel has been used in the commission of a relevant offence, he or she may serve a notice on the registered person or owner of the recreational vessel requiring the surrender of the recreational vessel.

    (2)     A notice served under subsection (1) must—

        (a)     be served within 10 days of the member of the police force forming the belief that the recreational vessel has been used in the commission of a relevant offence; and

        (b)     specify a period within which the recreational vessel must be surrendered which must not commence less than 7 days after the notice is served.

    (3)     Service of a notice under subsection (1) may be effected—

        (a)     by serving it personally on the owner or registered person of the recreational vessel or, if that person is a company, on a director, secretary or other officer of the company; or

        (b)     by posting it, addressed to the person, to the registered address or the residential address of the owner or registered person of the recreational vessel.

    (4)     A notice under subsection (1) must include—

s. 107

        (a)     a statement by a member of the police force that the recreational vessel is liable to impoundment or immobilisation because that member believes on reasonable grounds that the recreational vessel was used in the commission of a relevant offence; and

        (b)     a statement of the nature of the relevant offence and the date and time when the relevant offence is alleged to have been committed; and

        (c)     the name of the master of the recreational vessel who is alleged to have committed the relevant offence; and

        (d)     the date, time and place at which the recreational vessel is required to be surrendered to a member of police personnel; and

        (e)     a statement that if the recreational vessel is not surrendered at the date, time and place specified in the notice a member of the police force may seize the recreational vessel in accordance with section 106; and

        (f)     the prescribed particulars (if any).

    (5)     An owner or registered person served with a notice under subsection (1) must comply with the notice, unless the owner or registered person has a reasonable excuse.

Penalty:     60 penalty units.

    (6)     If the recreational vessel is not surrendered to a member of police personnel at the date, time and place specified in a notice served under subsection (1), a member of the police force may, within 10 days after the period specified in the notice expires, exercise any power under section 105 or  106 to seize the recreational vessel.