MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 114 Appeal rights
MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 114
Appeal rights(1) If a recreational vessel is impounded or immobilised under section 108 , a person whose interests are substantially affected by the impoundment or immobilisation may apply to the Magistrates' Court for an order that the recreational vessel be released on the ground that the impoundment or immobilisation is causing, or will cause, exceptional hardship to the applicant or any other person.
(2) An application under subsection (1) may be made at any time while the recreational vessel remains impounded or immobilised, including when the impoundment or immobilisation continues for longer than the designated period as a result of non-payment of the designated costs.
(3) On an application made under subsection (1), the Magistrates' Court may make an order that a recreational vessel impounded or immobilised under this Part be released to a specified person if the Court is satisfied that the impoundment or immobilisation is causing, or will cause, exceptional hardship to the applicant or any other person.
(4) If the Magistrates' Court makes an order under subsection (3), it may order that the applicant is not liable to pay all or part of the designated costs.