Marine Safety Act 1998
19ASeizure of vessels
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19A Seizure of vessels
19A Seizure of vessels
(1) An authorised officer may do any one or more of the things set out in this section if the authorised officer reasonably believes that—
(a) a recreational vessel has been operated in a way so as to commit an offence under section 13A, or
(b) a person has committed an offence involving the death of, or grievous bodily harm to, another person caused by the operation of a vessel, being an offence that comprises the crime of murder or manslaughter or an offence against the Crimes Act 1900, or
(c) a person has committed an offence under section 13 (1) (b) or (c) and a court attendance notice has been issued in relation to the offence.
(2) The authorised officer may—
(a) use reasonable force to seize and take charge of the recreational vessel and cause it to be moved to a place determined by the Commissioner of Police or Transport for NSW and immediately, or as soon as practicable afterwards, give or send the relevant owner of the vessel a receipt relating to the seizure of the vessel, or
(b) give the relevant owner of the vessel a notice (a recreational vessel production notice) requiring the relevant owner to, within a period specified in the notice, arrange for the vessel to be—
(i) moved to a specified place, or
(ii) produced to an authorised officer at a specified place.
(3) An authorised officer must give the relevant owner of a vessel a receipt if the relevant owner produces the vessel to the officer in accordance with a recreational vessel production notice.
(4) The receipt must be given on, or as soon as practicable after, the production of the vessel.
s 19A: Ins 2016 No 28, Sch 1 [18]. Am 2020 No 30, Sch 4.42[3]; 2025 No 12, Sch 1[19]–[21].