MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 113 Release of recreational vessel by Victoria Police

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 113

    (1)     A recreational vessel impounded or immobilised under section 108 must be released to the owner, registered person or any other person entitled to possession as soon as is practicable if—

        (a)     a member of the police force is satisfied that, at the time the relevant offence was committed, the recreational vessel used in the commission of the relevant offence was stolen; or

        (b)     under section 112 a senior police officer is not satisfied that there were reasonable grounds to impound or immobilise the recreational vessel; or

        (c)     a senior police officer considers it reasonable or necessary to release the recreational vessel; or

        (d)     the Magistrates' Court has made an order under section 114(3).

    (2)     If a recreational vessel is released in accordance with subsection (1)(a) or (b) the Crown is liable to pay the designated costs.

    (3)     A senior police officer may, at his or her discretion, waive the designated costs if a recreational vessel is released in accordance with subsection (1)(c).

    (4)     If—

        (a)     a recreational vessel is released without any designated costs payable by a person seeking the release of the recreational vessel in accordance with this section; and

        (b)     the master is subsequently found guilty of the relevant offence for which the recreational vessel was impounded or immobilised—

the Chief Commissioner of Police may apply to the relevant court for an order that the master pay to the Chief Commissioner of Police the designated costs.