# Detention of vessel pending recovery of penalty

> act-s260 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

260 Detention of vessel pending recovery of penalty
          (1) The Secretary or Australian Border Force Commissioner may, in
              writing, direct an officer to detain a vessel where, in the
              Secretary’s or Australian Border Force Commissioner’s opinion,
              the master, owner, agent or charterer of the vessel has been guilty
              of an offence against this Act.
          (2) Where a direction is given under subsection (1):
               (a) the officer specified in the direction may detain the vessel at
                   the place where it is found or cause it to be brought to
                   another place specified by the Secretary or Australian Border
                   Force Commissioner and detain it at that place; and
               (b) the Secretary or Australian Border Force Commissioner shall
                   forthwith give notice of the detention to the master, owner,
                   charterer or agent of the vessel.
          (3) For the purposes of the detention and other lawful dealings with
              the vessel, the officer specified in the direction is entitled to obtain
              such seizure warrant issued under Division 1 of Part XII of the
              Customs Act 1901 or other aid as may be obtained under a law of
              the Commonwealth with respect to the seizure of vessels or goods.
          (4) The detention of a vessel under this section shall cease if a bond
              with 2 sufficient sureties to the satisfaction of the Secretary or
              Australian Border Force Commissioner is given by the master,
              owner, agent or charterer of the vessel for the payment of any
              penalties that may be imposed in respect of the alleged offence.
          (5) If, while the vessel is detained under this section, default is made in
              payment of any penalties imposed in respect of an offence against
              this Act by the master, owner, agent or charterer of the vessel, the
              Secretary or Australian Border Force Commissioner may seize the
              vessel, and the like proceedings shall thereupon be taken for








               forfeiting and condemning the vessel as in the case of a vessel
               seized for breach of the Customs Act 1901, and the vessel shall be
               sold.
          (6) The proceeds of the sale shall be applied firstly in payment of the
              penalties referred to in subsection (5) and of all costs awarded in
              connexion with the proceedings in which the penalties were
              imposed or incurred in and about the sale and the proceedings
              leading to the sale, and the balance shall be payable to the owner
              and other persons having interests in the vessel before the
              condemnation and sale.
          (7) Division 13A does not limit the operation of this section.