Section 261A — Migration Act 1958: Forfeiture of things used in certain offences

(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.