Document ID: chunk:federal_register_of_legislation:C2024C00429:section:17
Version: federal_register_of_legislation:C2024C00429
Segment Type: section
Provision Reference: s 17
Character Range: 24053–25695

17  Seizure and forfeiture
 (1) Where a court convicts a person of an offence against this Act, the court may order the forfeiture to the Commonwealth of any vessel or article used or otherwise involved in the commission of the offence.
 (2) An inspector may seize any vessel or article that he or she believes on reasonable grounds has been used or otherwise involved in the commission of an offence against this Act and may retain it until the expiration of a period of 60 days after the seizure, or, if proceedings for an offence against this Act in the commission of which it may have been used or otherwise involved are instituted within that period, until the proceedings are terminated.
 (3) The Minister may authorize a vessel or article seized under subsection (2) or anything in, on or attached to such a vessel to be released to its owner, or to the person from whose possession it was seized, either unconditionally or on such conditions as he or she thinks fit, including conditions as to the giving of security for payment of its value if it is forfeited.
 (4) A vessel or article forfeited under this section may be sold or otherwise disposed of as the Minister thinks fit.
 (5) An inspector may seize any marine organisms in respect of which he or she believes on reasonable grounds that an offence against this Act has been committed.
 (6) The Minister may cause any marine organisms seized under subsection (5) to be retained or disposed of and, if an offence against this Act was not committed in respect of them, any person who has suffered loss or damage by reason of the seizure is entitled to reasonable compensation.