Document ID: chunk:federal_register_of_legislation:C2004A02432:body:0:p20
Version: federal_register_of_legislation:C2004A02432
Segment Type: other
Provision Reference: 
Character Range: 47083–49613

is served in respect of a vessel, the owner of the vessel may, within one month after the service of the notice, bring an action in a court of competent jurisdiction for the

delivery of the vessel to him on the ground that the vessel is not a vessel to which this section applies, and—
    (a) where the owner of the vessel brings such an action within that period—
         (i) if the court finds that this section applies to the vessel—the court shall order the vessel to be forfeited to the Crown; or
         (ii) if the action is discontinued—the vessel is forfeited to the Crown; or
    (b) where the owner of the vessel does not bring such an action within that period—the vessel is forfeited to the Crown.
"(10) In any action in a court brought under sub-section (9) for the delivery of a vessel, the court may find that a person committed an offence if, and only if—
    (a) in the case of a person who has been tried for the offence—the person has been convicted of the offence; or
    (b) in any other case—the court is satisfied beyond reasonable doubt that the person committed the offence.
"(11) A vessel ordered to be forfeited to the Crown under sub-paragraph (9) (a) (i) or forfeited to the Crown under sub-paragraph (9) (a) (ii) or under paragraph (9) (b) becomes the property of the Commonwealth and shall be dealt with and disposed of in accordance with the directions of the Minister.
"(12) For the purposes of the application of section 29 of the Acts Interpretation Act 1901 to the service by post on the master or owner of a vessel of a notice referred to in paragraph (8) (c), such a notice posted as a letter addressed
to him at—
    (a) where he has given the person detaining the vessel an address in Australia or the Cocos Islands for the purposes of this sub-section—that address; or
    (b) in any other case—his last address in Australia or the Cocos Islands known to the person detaining the vessel,
shall be deemed to be properly addressed.
"(13) For the purposes of this section, goods on, and the fittings and equipment of, a vessel detained under this section shall be deemed to be part of the vessel.
"(14) An approved person may destroy—
    (a) any animals or plants; or
    (b) any goods (other than animals or plants) that he considers could be a source of infection,
that are on board, or that he believes on reasonable grounds have been on board, a vessel detained in Australia or the Cocos Islands under this section.
"(15) An approved person shall be taken to be an authorized person