Section 261A — Migration Act 1958 (Cth)

(1) The following things are forfeited to the Commonwealth:

(a) a vessel used or involved in a contravention of this Act (where the contravention occurred in Australia), if the contravention involved:

(i) the bringing or coming to Australia of one or more persons who were, or upon entry into Australia became, unlawful non‑citizens; or

(ii) the entry or proposed entry into Australia of one or more such persons;

(b) a vehicle or equipment:

(i) on a vessel described in paragraph (a) at the time of the contravention mentioned in that paragraph; or

(ii) used or involved in the contravention referred to in that paragraph.

(2) Despite subsection (1), a vessel that:

(a) was used or involved in a contravention of this Act of a kind referred to in that subsection; and

(b) 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:

(c) did not know; and

(d) could not reasonably be expected to have known;

that it was used or involved in the contravention.

(3) 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:

(a) is provided for a fee payable by persons using the service; and

(b) is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; and

(c) is available to the general public on a regular basis.

Related sections

• s 261AKH — Destroying video recordings
• s 261AL — Minors
• s 261AM — Incapable persons
• s 261B — Seizure of things used in certain offences
• s 261C — Application of this Subdivision
• s 261D — Notice of seizure

Research how courts apply s 261A

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.