MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 133 Third party protection from forfeiture order

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 133

    (1)     A person, other than the master, who did not appear at the hearing of an application for a forfeiture order and has an interest in the recreational vessel subject to a forfeiture order may apply to the court that made the forfeiture order for an order that—

        (a)     if ownership of the recreational vessel is vested in the Crown—

              (i)     ownership of the recreational vessel be transferred to the applicant, if the applicant had, immediately before the forfeiture order was made, full ownership of the recreational vessel; or

              (ii)     if the applicant had part ownership of the recreational vessel immediately before the forfeiture order was made, the recreational vessel be sold and the Crown pay to the applicant and any other person with an interest in the recreational vessel an amount commensurate with the value of his or her interest in the recreational vessel; or

        (b)     if the recreational vessel has been sold or otherwise disposed of, the Crown pay to the applicant an amount commensurate with the value of the applicant's interest in the recreational vessel.

    (2)     Leave of the court that made the forfeiture order is required to bring an application under subsection (1) if—

        (a)     the person was served with a notice of the application for a forfeiture order under section 121(1) or 123(1); or

        (b)     six months or more have elapsed since the date the forfeiture order was made.

    (3)     The court may only grant leave under subsection (2)(b) if it is satisfied that the delay in making the application was not due to the applicant's neglect.

    (4)     On an application under subsection (1), the court may make an order—

        (a)     declaring the nature, extent and, if necessary for the order, the value (at the time the declaration is made) of the applicant's interest in the recreational vessel immediately before the forfeiture order was made; and

        (b)     directing the Crown—

              (i)     if the recreational vessel is vested in the Crown and the applicant had full ownership of the recreational vessel immediately before the forfeiture order was made, to transfer ownership of the recreational vessel to the applicant; or

              (ii)     if the recreational vessel is no longer vested in the Crown, or if the applicant did not have full ownership of the recreational vessel immediately before the forfeiture order was made, to pay to the applicant the value of the applicant's interest in the recreational vessel.

    (5)     The court may only make an order under subsection (4) if it is satisfied that—

        (a)     the applicant would have, apart from the forfeiture order, a relevant interest in the recreational vessel; and

        (b)     the relevant offence occurred without the knowledge or consent of the applicant.

    (6)     Any amount to be paid under this section is to be paid out of the proceeds (if any) of the sale of the recreational vessel.