Commonwealth Consolidated Acts

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MARITIME POWERS ACT 2013 - SECT 91

Reasons for disposal

  (1)   The Minister may dispose of a seized thing or retained thing , or a detained vessel or detained aircraft (also the thing ) , if:

  (a)   custody or maintenance (including any necessary movement or transport) of the thing creates serious difficulties; or

  (b)   the expenses of custody or maintenance (including any necessary movement or transport) of the thing are like ly to exceed its value; or

  (c)   the thing is a live plant or animal and its return to its native environment would be beneficial to its survival; or

  (d )   if notice of Commonwealth owners hip of the thing has been given:

  (i)   an application for an order for the return of the thing has not been made within the time allowed under section   89 ; or

  (ii )   proceedings in relation to such an application have be en finally deter mined without an order for the return of the thing being made .

  ( 2 )   For the purposes of paragraph   ( 1)(a), the custody or maintenance of the thing is taken to create serious difficulties if:

  (a)   the thing is perishable; or

  (b)   storage of the thing would be impractical; or

  (c)   the thing poses a serious risk to navigation, safety or public health; or

  (ca)   the thing poses an unacceptable level of biosecurity risk (within the meaning of the Biosecurity Act 2015 ); or

  (d)   the thing poses a serious risk of damage to property or the environment; or

  (e)   if the thin g is a vessel--it is unseaworthy; or

  (f)   despite reasonable efforts , it has not been possible to return the thing .

  (3)   Subsection   ( 2) does not limit paragraph   ( 1)(a ).



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