MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 129 When order takes effect
MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 129
When order takes effect(1) An impoundment or immobilisation order or a forfeiture order becomes effective on—
(a) the expiration of the appeal period for the master's conviction of the relevant offence; or
(b) the expiration of the appeal period for a sentencing order or sentence made following that conviction—
whichever is the later.
(2) If a conviction for a relevant offence is set aside on appeal, an impoundment or immobilisation order or a forfeiture order is of no effect.
(3) If a person convicted of a relevant offence applied for leave to appeal against the conviction for the relevant offence or the making of an impoundment or immobilisation order or a forfeiture order after the end of the relevant appeal period and such leave is granted, the appeal operates as a stay of the impoundment or immobilisation order or forfeiture order and any recreational vessel impounded or immobilised or otherwise in possession of the Crown must be released to the owner or registered person.
(4) If a recreational vessel subject to a forfeiture order is no longer in the possession of the Crown and the conviction for the relevant offence, or the forfeiture order, is set aside on appeal, the Crown must pay to the appellant and any other person with an interest in the recreational vessel an amount commensurate with the value of the appellant's or other person's interest in the recreational vessel.
(5) Any amount to be paid under subsection (4) is to be paid out of the proceeds (if any) of the sale of the recreational vessel.
(6) A person with an interest in the recreational vessel may make an application to the Magistrates' Court for an order that compensation be paid in accordance with subsection (4) and the Court may make either or both of the following orders—
(a) an order that compensation be paid to that person commensurate with the value of the person's interest in the recreational vessel;
(b) an order that the costs incurred by the Crown in executing the forfeiture order may be retained by the Crown out of the proceeds of the sale of the recreational vessel.