# Disposal of dilapidated vessels etc.

> act-s261 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

261 Disposal of dilapidated vessels etc.
          (1) If a non-citizen who enters Australia:
                (a) is required to comply with section 166 (immigration
                    clearance); and
                (b) either:
                      (i) does not comply; or
                     (ii) on complying, is detained under section 189;
              the Secretary or Australian Border Force Commissioner may, in
              writing, direct an officer to seize the vessel on which the
              non-citizen came to Australia.
          (2) If:
                (a) a vessel is seized under subsection (1) or section 261B; and
                (b) the vessel has not been forfeited and condemned under
                    section 260 or condemned as forfeited under Division 13A;
                    and
                (c) the vessel has not been ordered by a court to be delivered to a
                    person or otherwise dealt with; and
                (d) the Secretary or Australian Border Force Commissioner is
                    satisfied that the vessel is in such a poor condition that its
                    custody or maintenance involves expense out of proportion to
                    its value; and









                 (e) a person other than the Commonwealth does not meet, or
                     make arrangements that the Secretary or Australian Border
                     Force Commissioner considers are satisfactory to meet, that
                     expense;
               the Secretary or Australian Border Force Commissioner may in
               writing, direct an officer to sell, destroy or otherwise dispose of the
               vessel.
          (3) The officer must comply with the direction.
          (4) The proceeds of a sale are to be applied firstly in payment of costs
              incurred by the Commonwealth in the custody or maintenance of
              the vessel, and in selling or disposing of the vessel, and, subject to
              subsection (5), the balance is to be paid to the owner and any other
              persons with interests in the vessel before its sale.
          (5) If:
                (a) a person owes a debt to the Commonwealth under this Act;
                    and
                (b) an amount by way of the balance of the proceeds of a sale
                    (the balance amount) is payable to the person under
                    subsection (4);
              the Commonwealth may apply the balance amount in payment of
              the debt, and the debt is reduced accordingly. The amount applied
              must not exceed the amount of the debt.
          (6) Division 13A does not limit the operation of this section.










Division 13AA—Identification of immigration detainees
Subdivision A—Provision of personal identifiers