Migration Reform Act 1992

After section 100 of the Principal Act the following section is inserted in Division 8 of Part 2:

Disposal of dilapidated vessels etc.

“100AA.

If a non-citizen who enters Australia:

is required to comply with section 54HM (immigration clearance); and

either:

does not comply; or

on complying, is detained under section 54W;

the Secretary may, in writing, direct an officer to seize the vessel on which the non-citizen came to Australia.

“(2) If:

a vessel is seized under subsection (1); and

the vessel has not been forfeited and condemned under section 100; and

the vessel has not been ordered by a court to be delivered to a person or otherwise dealt with; and

the Secretary is satisfied that the vessel is in such a poor condition that its custody or maintenance involves expense out of proportion to its value; and

a person other than the Commonwealth does not meet, or make arrangements that the Secretary considers are satisfactory to meet, that expense;

the Secretary may in writing, direct an officer to sell, destroy or otherwise dispose of the vessel.

“(3) The officer must comply with the direction.

“(4) The proceeds of a sale are to be applied firstly in payment of costs incurred by the Commonwealth in the custody or maintenance of the vessel and the balance is to be paid to the owner and any other persons with interests in the vessel before its sale.”.