Section 185B of the Customs Act 1901 (Cth) deals with Moving or Destroying Hazardous Ships etc. and is extracted below.
Our exceptional criminal lawyers are vastly experienced and highly successful in defending Customs Act cases.
Call us today on (02) 9261 8881 for a free first appointment.
185B Moving or destroying hazardous ships etc.
Application of section to ships in Australia
(1) This section applies to a ship that is in Australia and that an officer reasonably suspects is or has been involved in a contravention or an attempted contravention, either in or outside Australia, of this Act, section 72.13 or Division 307 of the Criminal Code or a prescribed Act.
Application of section to ships outside Australia
(2) This section also applies to a ship that is outside Australia if:
(a) an officer has detained it under subsection 185(3); and
(b) in the case of an Australian ship—the officer reasonably suspects it is or has been involved in a contravention or an attempted contravention, either in or outside Australia, of this Act, section 72.13 or Division 307 of the Criminal Code or a prescribed Act; and
(c) in the case of a foreign ship—the officer reasonably suspects it is or has been involved in a contravention:
(i) in Australia of this Act, section 72.13 or Division 307 of the Criminal Code or a prescribed Act; or
(ii) in Australia’s exclusive economic zone of a prescribed Act.
When ship may be destroyed or moved
(3) The CEO may direct an officer to move, destroy, or move and destroy the ship, or cause such thing to be done, if the CEO has reasonable grounds to believe any of the following:
(a) that the ship is unseaworthy;
(b) that the ship poses a serious risk to navigation, quarantine, safety or public health;
(c) that the ship poses a serious risk of damage to property or the environment.
(4) The CEO may direct an officer to destroy, or move and destroy, the ship, or cause such thing to be done, if the CEO has reasonable grounds to believe that the ship is in such poor condition that its custody or maintenance by the Commonwealth would involve an expense that would be likely to be greater than its value.
Giving of notice after the ship has been destroyed
(5) As soon as practicable, but not later than 7 days after the ship has been destroyed, the CEO must give a written notice to:
(a) the owner of the ship; or
(b) if the owner cannot be identified after reasonable inquiry—the person in whose possession or under whose control the ship was when it was detained or located.
(6) The notice must state:
(a) that the ship has been destroyed under subsection (3) or (4); and
(b) the reason for the destruction; and
(c) that compensation may be payable under section 4AB.
Note: A person may be paid compensation under section 4AB if the destruction of the ship results in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution).
Failure to give notice not to affect validity
(7) A failure to give a notice under this section does not affect the validity of the ship’s destruction.
Section to override certain other provisions
(8) This section applies despite Subdivisions D, G and GA (other than sections 205G and 209I) of Division 1 of Part XII.
(9) In this section, officer includes a member of the Australian Defence Force.
Why Sydney Criminal Lawyers®?
Choosing the right legal team to defend your reputation and interests can be a difficult process.
However, it is always important to look at a firm’s experience and results when making this decision.
At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.
Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.
Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’
Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.
We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.
For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference with our criminal law specialists.