38DOrder for seizure and disposal of vessel

### 38D Order for seizure and disposal of vessel > [*\[Section 38D of Part 5 Inserted by No. 8 of 2006, s. 5, Applied:25 Oct 2006\]*](/view/html/inforce/2006-10-25/act-2006-008#GS5@EN) > > > (1)  If an owner fails to comply with a notice under [section 38B](#GS38B@EN) , the Authority may apply to the Court for an order authorising the Authority to seize and dispose of the vessel to which the notice relates. > > > (2)  The Court may make an order for the seizure and disposal of a vessel if satisfied that – > > > > > > (a) the vessel has been abandoned; or > > > > > > > (b) the vessel is sunken or unseaworthy; or > > > > > > > (c) the owner of the vessel has failed to comply with the notice. > > > (3)  An order under [subsection (2)](#GS38D@Gs2@EN) may be made subject to any conditions the Court considers appropriate. > > > (4)  [*\[Section 38D Subsection (4) amended by No. 40 of 2015, Sched. 2, Applied:01 Jul 2016\]*](/view/html/inforce/2016-07-01/act-2015-040#JS2@Ja2@GC1@EN) Any proceeds of sale, less any costs incurred by the Authority in seizing and disposing of the vessel, are to be paid to the owner of the vessel and, if not claimed within one month of the sale, are to be dealt with in accordance with the [Unclaimed Money Act 2015](/view/html/inforce/2026-04-12/act-2015-999) . > > > (5)  If there are no proceeds of sale, or the proceeds of sale are not sufficient to cover the costs incurred by the Authority in seizing and disposing of vessel, the Authority may recover those costs from the owner of the vessel.