19JEarly release of vessel on application to Local Court

19J Early release of vessel on application to Local Court

19J Early release of vessel on application to Local Court

(1) A person may apply to the Local Court for an order for the release into the person’s custody of a vessel impounded under this Division before the end of the period of impounding imposed on the vessel.

(2) An order cannot provide for release on a day that is less than 5 working days after the vessel was impounded.

(3) In determining whether to make an order under this section, the Local Court is entitled to have regard to the following—

(a) the safety of the public and the public interest in preventing the use of a vessel that the Court considers is reasonably likely in all the circumstances to be used for further offences specified in section 19A (1),

(b) any alleged extreme hardship to a person other than the relevant owner of the vessel arising from the impoundment of the vessel.

(4) The vessel is to be released by order of the Local Court only after the applicant has paid in full any applicable movement, towing and storage fees under section 19K.

(5) An applicant into whose custody a vessel is released by an order under this section must acknowledge in writing receipt of the vessel from the custody of the Commissioner of Police or Transport for NSW.

s 19J: Ins 2016 No 28, Sch 1 [18]. Am 2020 No 30, Sch 4.42[3]; 2025 No 12, Sch 1[19].