Part IV - Piracy  

SECTION 54   Seizure of pirate ships and aircraft etc.  

A member of the Defence Force or a member of the Australian Federal Police may seize:

(a) a ship or aircraft that he or she reasonably believes to be a pirate-controlled ship or aircraft; or

(b) a thing on board such a ship or aircraft, being a thing that appears to be connected with the commission of an offence against this Part.

A seizure may be effected:

(a) in Australia; or

(b) on the high seas; or

(c) in a place beyond the jurisdiction of any country.

The Supreme Court of a State or Territory may:

(a) on the application by the custodian of, or a person with an interest in, a ship, aircraft or thing seized under this section, order that the ship, aircraft or thing be returned to its lawful owner; or

(b) on its own motion, or on application:

(i) if:

(A) a person has been convicted of an offence against this Part; and

(B) the ship, aircraft or thing was used in, or was otherwise involved in the commission of, the offence;
order that the ship, aircraft or thing be forfeited to the Commonwealth; or

(ii) make any order relating to the seizure, detention or disposal of the ship, aircraft or thing.

An order to return a ship, aircraft or thing may be made subject to conditions, including conditions as to the payment to the Commonwealth of reasonable costs of seizure and detention and conditions as to the giving of security for payment of its value should it be forfeited.

This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.