Heritage Act 2017

An inspector may—

seize any ship, vehicle, equipment or other thing the inspector reasonably believes to have been used or otherwise involved in the commission of an offence against this Act in respect of underwater cultural heritage or the underwater cultural heritage regulations; and

detain the ship, vehicle, equipment or thing—

until the expiration of a period of 60 days after the seizure; or

if a proceeding for an offence against this Act in respect of underwater cultural heritage or the underwater cultural heritage regulations the commission of which the ship, vehicle, equipment or thing may have been used or otherwise involved is commenced within that period, until the proceeding (including any appeal) is finally determined.

The Minister may authorise any ship, vehicle, equipment or thing seized under subsection (1) to be released to its owner, or to the person from whose possession it was seized, either unconditionally or on any conditions that the Minister considers fit, including conditions as to the giving of security for payment of its value if it is forfeited.

If a court convicts a person of an offence against this Act in respect of underwater cultural heritage or the underwater cultural heritage regulations, the court may order the forfeiture to the Crown of any ship, vehicle, equipment or thing used or otherwise involved in the commission of the offence.

A ship, vehicle, equipment or thing forfeited under this section may be sold or otherwise dealt with as the Minister considers fit.

A reference in this section to a thing involved in the commission of an offence includes a reference to a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact to which the offence relates.