MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 148 Notice to be given of intention to apply for disposal order

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 148

    (1)         The Chief Commissioner of Police may give notice of an application in accordance with this section for a disposal order for a recreational vessel if—

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

        (b)     the relevant court adjourns proceedings in relation to a relevant offence, other than to a fixed date, because the accused fails to appear; and

        (c)     a warrant is issued for the arrest of the accused; and

        (d)     the recreational vessel has not been collected, and the designated costs are not paid, within 2 months after the day the proceedings are adjourned.

    (2)     At least 28 days before making an application under section 149 the Chief Commissioner of Police must—

        (a)     serve notice of the intention to make the application on—

              (i)     the master of the recreational vessel; and

              (ii)     if the master of the recreational vessel is not the registered person of the recreational vessel, the registered person; and

              (iii)     if the owner of the recreational vessel is not a person referred to in subparagraph (i) or (ii), the owner; and

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

              (v)     the Safety Director; and

        (b)     publish a notice in a newspaper circulating generally in the State, of the Chief Commissioner's intention to make the application.

    (3)     A notice under subsection (2) must state—

        (a)     that the Chief Commissioner intends to apply for an order to dispose of the recreational vessel unless the recreational vessel is collected and the designated costs paid within 28 days after the date of the notice is served; and

        (b)     information that identifies the recreational vessel, including the recreational vessel's identification mark (if applicable); 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)     any person on whom notice is served must not sell or otherwise dispose of the person's interest in the recreational vessel without the approval of the relevant court.