35Forfeited vessels

35 Forfeited vessels

(1) This section applies in relation to a vessel if: (a) the owner of the vessel is liable to pay a quarantine charge or a late payment fee (whether or not the charge or fee relates to the vessel); and (b) the charge or fee is due and payable, or has been paid; and (c) the vessel is, or has been, subject to quarantine; and (d) the vessel is in the possession or control of the Commonwealth. (2) The vessel is forfeited to the Commonwealth if a Director of Quarantine: (a) has not been able, despite making reasonable efforts, to locate the owner of the vessel; and (b) has certified in writing to that effect. (3) If a vessel is forfeited to the Commonwealth under subsection (2), a Director of Quarantine may cause the vessel to be sold, destroyed or otherwise disposed of. (4) If a vessel is to be destroyed under this section, a Director of Quarantine may cause any goods on board the vessel to be removed from the vessel before it is destroyed.