55CDisposal of impounded vessels forfeited to the Crown

#### 55C Disposal of impounded vessels forfeited to the Crown 55C Disposal of impounded vessels forfeited to the Crown > > (1) If a vessel that was impounded under section 19D of the Act has not been released in accordance with Division 2 of Part 2 of the Act at the end of the period for which it was liable to be impounded, the Commissioner of Police or Transport for NSW may, by notice given to the owner of the vessel, warn the owner that the vessel is liable to be offered for sale unless appropriate steps are taken to procure the release of the vessel. > > > (2) For the purposes of section 19M of the Act, a vessel that has been forfeited to the Crown under section 19E or 19F of the Act, or that remains duly impounded for 28 days after the service of a notice referred to in subclause (1), may be offered for sale, except as provided by subclause (3) or by the order of any court. > > > (3) A vessel may not be offered for sale while any application under section 19J of the Act, or any subsequent proceedings arising out of such an application, are pending. > > > (4) At any time within 12 months after a vessel has been sold in accordance with this Regulation, a person may apply to the Commissioner of Police or Transport for NSW for payment to the person of the balance of the proceeds of sale of the vessel, after deduction of any movement, towing and storage fees payable under the Act and the Commissioner’s reasonable costs of or incidental to the sale. > > > (5) The balance of the proceeds of sale may be paid by the Commissioner of Police or Transport for NSW to any applicant who satisfies the Commissioner or Transport for NSW, on such evidence as the Commissioner or Transport for NSW may reasonably require, that— > > > > > (a) the applicant was lawfully entitled to the vessel immediately before its sale, and > > > > > (b) there was a reasonable excuse for the applicant’s failure to obtain the release of the vessel before it was sold. > > **cl 55C:** Ins 2016 (613), Sch 1 \[13\]. Am 2020 No 30, Sch 4.44\[2\] \[3\].