107Surrender of recreational vessel

107 Surrender of recreational vessel

S. 107(1) amended by No. 37/2014 s. 10(Sch. item 107.5(a)).

(1) If a police officer believes on reasonable grounds that a recreational vessel has been used in the commission of a relevant offence, he or she may serve a notice on the registered person or owner of the recreational vessel requiring the surrender of the recreational vessel.

(2) A notice served under subsection (1) must—

S. 107(2)(a) amended by No. 37/2014 s. 10(Sch. item 107.5(a)).

(a) be served within 10 days of the police officer forming the belief that the recreational vessel has been used in the commission of a relevant offence; and

(b) specify a period within which the recreational vessel must be surrendered which must not commence less than 7 days after the notice is served.

(3) Service of a notice under subsection (1) may be effected—

(a) by serving it personally on the owner or registered person of the recreational vessel or, if that person is a company, on a director, secretary or other officer of the company; or

(b) by posting it, addressed to the person, to the registered address or the residential address of the owner or registered person of the recreational vessel.

(4) A notice under subsection (1) must include—

S. 107(4)(a) amended by No. 37/2014 s. 10(Sch. item 107.5(b)(i)).

(a) a statement by a police officer that the recreational vessel is liable to impoundment or immobilisation because that police officer believes on reasonable grounds that the recreational vessel was used in the commission of a relevant offence; and

(b) a statement of the nature of the relevant offence and the date and time when the relevant offence is alleged to have been committed; and

(c) the name of the master of the recreational vessel who is alleged to have committed the relevant offence; and

S. 107(4)(d) amended by No. 37/2014 s. 10(Sch. item 107.5(b)(ii)).

(d) the date, time and place at which the recreational vessel is required to be surrendered to a member of Victoria Police personnel; and

S. 107(4)(e) amended by No. 37/2014 s. 10(Sch. item 107.5(b)(iii)).

(e) a statement that if the recreational vessel is not surrendered at the date, time and place specified in the notice a police officer may seize the recreational vessel in accordance with section 106; and

(f) the prescribed particulars (if any).

(5) An owner or registered person served with a notice under subsection (1) must comply with the notice, unless the owner or registered person has a reasonable excuse.

S. 107(6) amended by No. 37/2014 s. 10(Sch. item 107.5(c)).