MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 144 Sale or disposal of uncollected recreational vessels and items

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 144

    (1)     Subject to subsection (2), the Chief Commissioner of Police may sell, by public auction or tender, or otherwise dispose of, a recreational vessel and any item or thing left in or on the recreational vessel, if—

        (a)     a decision is made by a member of the police force to impound or immobilise a recreational vessel under section 105 or an impoundment or immobilisation order is made against that recreational vessel; and

        (b)     the recreational vessel is not collected or released 2 months or more after the date on which the recreational vessel first became available for collection or release.

    (2)     The Chief Commissioner of Police must not sell or otherwise dispose of a recreational vessel or an item or thing left in or on a recreational vessel under subsection (1) unless—

        (a)     the matters referred to in subsection (3) are satisfied; or

        (b)     a disposal order has been made for the recreational vessel.

    (3)     For the purposes of subsection (2)(a), the matters that must be satisfied before the Chief Commissioner may sell or otherwise dispose of the recreational vessel or item or thing are—

        (a)     all proceedings in relation to the relevant offence that led to the impoundment or immobilisation of the recreational vessel have been finalised and any appeal period has expired; and

        (b)     at least 14 days before attempting to sell or otherwise dispose of the recreational vessel, item or thing, the Chief Commissioner serves notice on the master, owner or registered person of the recreational vessel that the Chief Commissioner intends to sell or otherwise dispose of the recreational vessel, item or thing unless steps are taken to collect or release the recreational vessel, item or thing; and

        (c)     at least 14 days before attempting to sell or otherwise dispose of the recreational vessel, item or thing, the Chief Commissioner, by publishing a notice in a newspaper circulating generally in the State, notifies the public that the Chief Commissioner intends to sell or otherwise dispose of the recreational vessel and any item or thing left in or on the recreational vessel; and

        (d)     if the Chief Commissioner intends to sell or otherwise dispose of an item or thing left in or on the recreational vessel, all reasonable efforts have been made to return the item or thing to the person who has the ownership in that item or thing.