MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 118 Impoundment or immobilisation order

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 118

    (1)     On the application of the Chief Commissioner of Police under section 120(1) , if a master is found guilty of a relevant offence, the relevant court may order that the recreational vessel used in the commission of the relevant offence be impounded or immobilised for a period of up to 3 months.

    (2)     An order under subsection (1) must not be made unless the relevant court is satisfied—

        (a)     that the master has been found guilty of one other relevant offence committed in the period of 3 years before the commission of the relevant offence; and

        (b)     that at the time the relevant offence was committed the recreational vessel was not—

              (i)     a stolen recreational vessel; or

              (ii)     being used in any prescribed circumstances.

    (3)     An order made under subsection (1) must specify the time and place at which the owner or registered person of the recreational vessel is required to surrender the recreational vessel to a member of police personnel.

    (4)     The owner or registered person of the recreational vessel must not, without reasonable excuse, fail to surrender the recreational vessel at the time and place specified in the order made under subsection (1).

Penalty:     60 penalty units.