Forfeiture of things used in certain offences
261A Forfeiture of things used in certain offences
The following things are forfeited to the Commonwealth:
a vessel used or involved in a contravention of this Act (where the contravention occurred in Australia), if the contravention involved:
the bringing or coming to Australia of one or more persons who were, or upon entry into Australia became, unlawful non‑citizens; or
the entry or proposed entry into Australia of one or more such persons;
a vehicle or equipment:
on a vessel described in paragraph (a) at the time of the contravention mentioned in that paragraph; or
used or involved in the contravention referred to in that paragraph.
Despite subsection (1), a vessel that:
was used or involved in a contravention of this Act of a kind referred to in that subsection; and
at the time of the contravention, was being used in the course of a regular public transport operation;
is not forfeited to the Commonwealth if both the master and the owner of the vessel:
did not know; and
could not reasonably be expected to have known;
that it was used or involved in the contravention.
In this section:
regular public transport operation, in relation to a vessel, means an operation of the vessel for the purpose of a service that:
is provided for a fee payable by persons using the service; and
is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; and
is available to the general public on a regular basis.
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