Commonwealth Consolidated Acts

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MARITIME POWERS ACT 2013 - SECT 79

Guide to this Part

This Part sets out processes for dealing with things taken in the exercise of powers under this Act .

Things taken fall into the following 3 categories:

  (a)   seized things;

  (b)   retained things;

  (c)   detained vessels and aircraft.

Written notice must be given to the owner of a seized, retained or detained thing, or to a person who had possession or control of the thing.

S eized thing s may be used for certain purposes , but must be returned unless:

  (a)   they are required for proceedings; or

  (b)   they have been disposed of under an Australian law ; or

  (c )   they are seized under another Australian law; or

  (d )   the Commonwealth claims ownership of the m .

R etained and detained thing s must be returned unless:

  (a)   they have been disposed of under an Australian law ; or

  (b)   they are seized under an Australian law; or

  (c)   the Commonwealth claims ownership of th em .

The Minister may dispose of seized, retained and detained things on the grounds set out in Division   5.

If the Commonwealth claims ownership of a seized, retained or detained thing, a person may apply to a court for its return.



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