# Forfeiture of things used in certain offences

> act-s261A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

261A 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.

Subdivision B—Seizure