Maritime Transport and Offshore Facilities Security Act 2003

A maritime security guard may remove, or cause to be removed, a vehicle from a maritime security zone if the guard reasonably suspects that the vehicle is in the zone without proper authorisation.

However, a vehicle must not be removed under this section without the maritime security guard making reasonable efforts to have the person in control of the vehicle remove the vehicle.

The maritime security guard must ensure that:

no more force than is necessary and reasonable to remove the vehicle is used; and

a person is not subjected to greater indignity than is necessary and reasonable to remove the vehicle; and

reasonable efforts are taken to avoid damaging the vehicle.

If a vehicle is removed under this section, the maritime security guard must make reasonable efforts to notify:

the vehicle’s owner; and

persons of a kind (if any) prescribed in the regulations;

If a person reasonably incurs costs or expenses in relation to the vehicle’s removal, relocation or storage under this section, the vehicle’s owner is liable to pay to the person an amount equal to those costs and expenses. This amount:

may be recovered by the person as a debt due to the person in a court of competent jurisdiction; and

must not be such as to amount to taxation.

The regulations may make provision for:

the disposal, through sale or otherwise, of unclaimed vehicles; and

the manner in which the proceeds of any sale are to be distributed.