Victorian Current Acts Victorian Current Acts(1) The relevant court hearing an application for an impoundment or immobilisation order or a forfeiture order—
(a) must allow any person served with a notice under section 121(1) or 123(1) to be heard at the hearing of the application and to show cause why an impoundment or immobilisation order or a forfeiture order should not be made; and
(b) may allow any other person to be heard if the court is satisfied that an impoundment or immobilisation order or a forfeiture order may substantially affect that person's interests.
(2) The court must not make an impoundment or immobilisation order or a forfeiture order if the owner or registered person of the recreational vessel that was used in the commission of the relevant offence can prove to the court's satisfaction that the relevant offence was committed without the knowledge or consent of the owner or registered person.
(3) The court may decline to make an impoundment or immobilisation order or a forfeiture order if the court is satisfied that such an order would cause exceptional hardship to any person.
(4) If the court makes an impoundment or immobilisation order, the Chief Commissioner of Police must notify the master and the owner or registered person that if the recreational vessel is not collected or released within 2 months after the date that the recreational vessel first became available for collection or release, the Chief Commissioner of Police may sell or otherwise dispose of the recreational vessel and any item or thing left in or on the recreational vessel.
Note
Section 144 provides that the Chief Commissioner of Police must give 14 days notice of any intention to sell or dispose of a recreational vessel or item or thing left in or on the recreational vessel.