MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 121 Notice of application

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 121

    (1)     If the Chief Commissioner of Police intends to make an application under section 120(1), he or she must, at least 28 days before making the application, serve notice of the intended application on—

        (a)     the master of the recreational vessel in respect of which an application is to be made; and

        (b)     the registered person of the recreational vessel, if he or she is not the person referred to in paragraph (a); and

        (c)     the owner of the recreational vessel, if he or she is not a person referred to in paragraph (a) or (b); and

        (d)     any person who the Chief Commissioner of Police is aware has an interest in the recreational vessel; and

        (e)     the Safety Director.

Note

See section 152 for how a notice may be served.

    (2)     A person who—

        (a)     is notified under subsection (1)(a), (b) or (c); and

        (b)     does not have an interest or the sole interest in the recreational vessel in relation to which the application in the notice is to be made—

must, as soon as is reasonably practicable, take reasonable steps to serve a copy of the notice on any person who he or she is aware has an interest in the recreational vessel.

    (3)     A notice under subsection (1) must specify the recreational vessel in respect of which an order is to be sought.

    (4)     A notice served under subsection (1) must state—

        (a)     that if the master is found guilty of a relevant offence, an application for an impoundment or immobilisation order or a forfeiture order will be made by the Chief Commissioner of Police in respect of the recreational vessel specified in the notice; and

        (b)     the identification mark of the recreational vessel; and

        (c)     that a person named in the notice may appear before the relevant court at the hearing of the application and show cause why the order should not be made; and

        (d)     that the person on whom the notice is served must not sell or otherwise dispose of his or her interest in the relevant recreational vessel without the approval of the relevant court.