75AVessels involved in certain offences

#### 75A Vessels involved in certain offences (1) In this section, unless the contrary intention appears: > approved person means: (a) a quarantine officer; or (b) an officer of Customs; or (c) a police officer; or (e) a person (who may be a member of the Defence Force) authorised in writing by the Minister administering the Department that deals with human quarantine or the Minister administering the Department that deals with animal and plant quarantine or a quarantine officer to be an approved person for the purposes of this section. > prescribed vessel means: (a) a vessel used in navigation by sea the maximum overall length of the hull proper of which is 45 metres or less; or (b) an aircraft. (2) This section applies to: (a) a prescribed vessel in relation to which its master has committed an offence against section 20; and (b) a prescribed vessel, being an aircraft, in relation to which its master has committed an offence against section 20A; and (c) a prescribed vessel in relation to which its master has committed an offence against section 29, other than at the first port of entry, the first Cocos Islands port of entry or the first Christmas Island port of entry, of the vessel; and (d) a prescribed vessel in relation to which its master has committed an offence against section 30, other than at the first port of entry, the first Cocos Islands port of entry or the first Christmas Island port of entry, of the vessel; and (e) a prescribed vessel from which a person has landed animals or plants in contravention of section 20D, other than at the first port of entry, the first Cocos Islands port of entry or the first Christmas Island port of entry, of the vessel; and (f) a prescribed vessel in relation to which a person has committed an offence against section 67, other than at the first port of entry, the first Cocos Islands port of entry or the first Christmas Island port of entry of the vessel; and (g) a prescribed vessel in relation to which its master or owner has committed an offence against section 67A, other than at the first port of entry, the first Cocos Islands port of entry or the first Christmas Island port of entry, of the vessel. (3) Where an approved person has reasonable grounds to believe that this section applies to a vessel, that person may board the vessel. (4) Where an approved person has reasonable grounds to believe that this section applies to a vessel, that person may: (a) detain the vessel, or cause the vessel to be detained, at the place where a vessel is found; or (b) bring the vessel, or cause the vessel to be brought, to such other place or such other places as: (i) where the approved person is a quarantine officer—the approved person; or (ii) in any other case—a quarantine officer; from time to time deems appropriate and detain the vessel or cause the vessel to be detained at that place or at those places. (5) For the purposes of the detention and other lawful dealings with a vessel, a person authorised under this section to detain the vessel is entitled to take with him or her, and to have the assistance of, any members of the Defence Force or other persons that he or she may think necessary. (6) A person (other than an approved person or a person assisting an approved person under subsection (5)) who moves a vessel from the place at which it is detained under subsection (4) is guilty of an offence. Maximum penalty: Imprisonment for 10 years. (6A) Subsection (6) does not apply if the person moves the vessel with the written permission of an approved person. > Note: A defendant bears an evidential burden in relation to the matter in subsection (6A) (see subsection 13.3(3) of the Criminal Code). (7) Where an approved person detains a vessel under subsection (4), that person shall, as soon as practicable, give the Minister particulars of the detention. (8) Where a vessel has been detained under subsection (4), the Minister shall, as soon as practicable after being given particulars of the detention, direct the person detaining the vessel: (a) if the Minister is not satisfied that this section applies to the vessel—to deliver the vessel to the master or owner of the vessel; (b) if the Minister is satisfied that this section applies to the vessel but, after considering the offence or offences by reason of the commission of which the section would so apply and any other relevant matters, is satisfied that it would be inappropriate for the vessel to be forfeited under this section—to deliver the vessel to the master or owner of the vessel as soon as all things required to be done in relation to the vessel for the purposes of this Act have been done; or (c) in any other case—to continue to detain the vessel and to serve on the master or owner of the vessel, either personally or by post, a notice in writing: (i) stating that the vessel has been detained under this section; (ii) giving particulars of the offence by reason of which the vessel is alleged to be a vessel to which this section applies; and (iii) setting out the terms of the provisions of subsections (9) and (10); and, subject to the Customs Act 1901, the person detaining the vessel shall comply with that direction. (9) Where a notice under paragraph (c) of subsection (8) is served in respect of a vessel, the owner of the vessel may, within one month after the service of the notice, bring an action in a court of competent jurisdiction for the delivery of the vessel to him or her on the ground that the vessel is not a vessel to which this section applies, and: (a) where the owner of the vessel brings such an action within that period: (i) if the court finds that this section applies to the vessel—the court shall order the vessel to be forfeited to the Crown; or (ii) if the action is discontinued—the vessel is forfeited to the Crown; or (b) where the owner of the vessel does not bring such an action within that period—the vessel is forfeited to the Crown. (10) In any action in a court brought under subsection (9) for the delivery of a vessel, the court may find that a person committed an offence if, and only if: (a) in the case of a person who has been tried for the offence—the person has been convicted of the offence; or (b) in any other case—the court is satisfied beyond reasonable doubt that the person committed the offence. (11) A vessel ordered to be forfeited to the Crown under subparagraph (9)(a)(i) or forfeited to the Crown under subparagraph (9)(a)(ii) or under paragraph (9)(b) becomes the property of the Commonwealth and shall be dealt with and disposed of in accordance with the directions of the Minister. (12) For the purposes of the application of section 29 of the Acts Interpretation Act 1901 to the service by post on the master or owner of a vessel of a notice referred to in paragraph (8)(c), such a notice posted as a letter addressed to him or her at: (a) where he or she has given the person detaining the vessel an address in Australia, the Cocos Islands or Christmas Island for the purposes of this subsection—that address; or (b) in any other case—his or her last address in Australia, the Cocos Islands or Christmas Island known to the person detaining the vessel; shall be deemed to be properly addressed. (13) For the purposes of this section, goods on, and the fittings and equipment of, a vessel detained under this section shall be deemed to be part of the vessel. (14) An approved person may destroy: (a) any animals or plants; or (b) any goods (other than animals or plants) that he or she considers could be a source of infection; that are on board, or that he or she believes on reasonable grounds have been on board, a vessel detained in Australia, the Cocos Islands or Christmas Island under this section. (15) An approved person shall be taken to be an authorised person for the purpose of the application of section 31 in relation to a prescribed vessel.