Document ID: chunk:federal_register_of_legislation:C2004A00551:clause:1_261a
Version: federal_register_of_legislation:C2004A00551
Segment Type: clause
Provision Reference: sch 1 cl 261A
Character Range: 34099–35665

261A  Forfeiture of things used in certain offences

 (1) The following things are forfeited to the Commonwealth:
 (a) a vessel used or involved in a contravention of this Act (where the contravention occurred in Australia), if the contravention involved:
 (i) the bringing or coming to Australia of one or more persons who were, or upon entry into Australia became, unlawful non‑citizens; or
 (ii) the entry or proposed entry into Australia of one or more such persons;
 (b) a vehicle or equipment:
 (i) on a vessel described in paragraph (a) at the time of the contravention mentioned in that paragraph; or
 (ii) used or involved in the contravention referred to in that paragraph.

 (2) Despite subsection (1), a vessel that:
 (a) was used or involved in a contravention of this Act of a kind referred to in that subsection; and
 (b) at the time of the contravention, was being used in the course of a regular public transport operation;
is not forfeited to the Commonwealth if both the master and the owner of the vessel:
 (c) did not know; and
 (d) could not reasonably be expected to have known;
that it was used or involved in the contravention.

 (3) In this section:

regular public transport operation, in relation to a vessel, means an operation of the vessel for the purpose of a service that:
 (a) is provided for a fee payable by persons using the service; and
 (b) is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; and
 (c) is available to the general public on a regular basis.

Subdivision B—Seizure