Victorian Current Acts

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MARINE SAFETY ACT 2010 - SECT 120

Application for an impoundment or immobilisation order or a forfeiture order

    (1)     The Chief Commissioner of Police may make an application for an impoundment or immobilisation order or a forfeiture order to the relevant court if the Chief Commissioner believes on reasonable grounds that—

        (a)     the recreational vessel

              (i)     was used in the commission of the relevant offence; and

              (ii)     at the time the relevant offence was committed, was not stolen or used in prescribed circumstances; and

        (b)     the master has been found guilty of another relevant offence or other relevant offences (as the case requires) committed within the period of 3 years before the commission of the relevant offence.

    (2)     An application under subsection (1) may be made at any time after a charge-sheet is filed charging a relevant offence, but may not be made later than 28 days after the master is sentenced for that relevant offence.



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