Maritime Powers Act 2013
79Guide to this Part
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79 Guide to this Part
This Part sets out processes for dealing with things taken in the exercise of powers under this Act.
Things taken fall into the following 3 categories:
(a) seized things;
(b) retained things;
(c) detained vessels and aircraft.
Written notice must be given to the owner of a seized, retained or detained thing, or to a person who had possession or control of the thing.
Seized things may be used for certain purposes, but must be returned unless:
(a) they are required for proceedings; or
(b) they have been disposed of under an Australian law; or
(c) they are seized under another Australian law; or
(d) the Commonwealth claims ownership of them.
Retained and detained things must be returned unless:
(a) they have been disposed of under an Australian law; or
(b) they are seized under an Australian law; or
(c) the Commonwealth claims ownership of them.
The Minister may dispose of seized, retained and detained things on the grounds set out in Division 5.
If the Commonwealth claims ownership of a seized, retained or detained thing, a person may apply to a court for its return.