Transport Operations (Marine Safety) Act 1994

This section applies if a shipping inspector reasonably believes that a ship, part of a ship or other property is abandoned property.

The inspector may seize the abandoned property and remove it to a place the inspector decides is appropriate.

Before seizing and removing the abandoned property, the inspector must—

if practicable, attach to the abandoned property an intention to seize and remove notice in the approved form (seizure notice); and

publish the seizure notice in a newspaper circulating in the locality where the abandoned property is.

A seizure notice must include the following particulars—

the date the notice is given;

a description of the abandoned property;

where and when the abandoned property was found;

a time, not less than 28 days after the date of the notice, after which, if no one claims the abandoned property, the inspector may seize and remove it to the place stated in the notice;

a statement to the effect of subsection (5).

If the shipping inspector is reasonably satisfied about either of the following, the shipping inspector may immediately seize and remove the abandoned property without complying with subsection (3)—

the abandoned property is a hazard to ships or navigation or may cause damage to the environment;

before a seizure notice may be published in a newspaper or a time required to be stated in a seizure notice, the abandoned property may become a hazard to ships or navigation or cause damage to the environment.

If the shipping inspector seizes and removes the abandoned property under subsection (4A), the shipping inspector must publish the following information in a notice in a newspaper circulating in the locality from where the abandoned property was seized—

a description of the abandoned property;

where and when the abandoned property was found;

a statement that the abandoned property was immediately seized and removed;

information about the place to where the abandoned property has been removed;

a statement to the effect of subsection (5).

Having regard to the abandoned property’s value and condition, the shipping inspector may sell it by public auction or destroy it if—

no one claims the abandoned property within the time stated in a seizure notice and the shipping inspector seizes and removes the abandoned property; or

no one claims the abandoned property within 28 days after a notice under subsection (4B) is published.

The proceeds from a sale of the abandoned property must be applied as follows—

firstly, in payment of the expenses of the sale;

secondly, in payment of the costs of seizing, removing and storing the abandoned property and the seizure notice;

thirdly, in payment of the balance to the owner of the abandoned property, or if the owner can not be found, to the consolidated fund.

However, if the proceeds of the sale of the abandoned property are insufficient to cover the amounts mentioned in subsection (6)(a) and (b), the amount by which the proceeds are insufficient is a debt payable to the State—

if the abandoned property is a ship or part of a ship and the owner or master of the ship is known—jointly and severally by the owner and master of the ship; or

if the abandoned property is not a ship or part of a ship and the owner is known—by the owner of the abandoned property; or

if the owner of the abandoned property is not known but a person was registered under an Act as its owner at the time of the abandonment, loss or stranding—the registered person.

A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (7)(a) or (b).

In this section—