(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.