Victorian Current Acts Victorian Current ActsS. 107(1) amended by No. 37/2014 s. 10(Sch. item 107.5(a)).
(1) If a police officer believes on reasonable grounds that a recreational vessel has been used in the commission of a relevant offence, he or she may serve a notice on the registered person or owner of the recreational vessel requiring the surrender of the recreational vessel.
(2) A notice served under subsection (1) must—
S. 107(2)(a) amended by No. 37/2014 s. 10(Sch. item 107.5(a)).
(a) be served within 10 days of the police officer forming the belief that the recreational vessel has been used in the commission of a relevant offence; and
(b) specify a period within which the recreational vessel must be surrendered which must not commence less than 7 days after the notice is served.
(3) Service of a notice under subsection (1) may be effected—
(a) by serving it personally on the owner or registered person of the recreational vessel or, if that person is a company, on a director, secretary or other officer of the company; or
(b) by posting it, addressed to the person, to the registered address or the residential address of the owner or registered person of the recreational vessel.
(4) A notice under subsection (1) must include—
S. 107(4)(a) amended by No. 37/2014 s. 10(Sch. item 107.5(b)(i)).
(a) a statement by a police officer that the recreational vessel is liable to impoundment or immobilisation because that police officer believes on reasonable grounds that the recreational vessel was used in the commission of a relevant offence; and
(b) a statement of the nature of the relevant offence and the date and time when the relevant offence is alleged to have been committed; and
(c) the name of the master of the recreational vessel who is alleged to have committed the relevant offence; and
S. 107(4)(d) amended by No. 37/2014 s. 10(Sch. item 107.5(b)(ii)).
(d) the date, time and place at which the recreational vessel is required to be surrendered to a member of Victoria Police personnel; and
S. 107(4)(e) amended by No. 37/2014 s. 10(Sch. item 107.5(b)(iii)).
(e) a statement that if the recreational vessel is not surrendered at the date, time and place specified in the notice a police officer may seize the recreational vessel in accordance with section 106; and
(f) the prescribed particulars (if any).
(5) An owner or registered person served with a notice under subsection (1) must comply with the notice, unless the owner or registered person has a reasonable excuse.
Penalty: 60 penalty units.
S. 107(6) amended by No. 37/2014 s. 10(Sch. item 107.5(c)).
(6) If the recreational vessel is not surrendered to a member of Victoria Police personnel at the date, time and place specified in a notice served under subsection (1), a police officer may, within 10 days after the period specified in the notice expires, exercise any power under section 105 or 106 to seize the recreational vessel.
S. 108 amended by No. 37/2014 s. 10(Sch. item 107.6).