Section 49

The Controller may, by writing under his hand, authorise the

Director of Marine to detain any vessel or aircraft in connection with which

Immigration

B.L.R.O. 2/2023 39

an offence against this Act is reasonably believed to have been or about to be committed, and the vessel or aircraft may then be detained either at the place where it is found or at any place to which the Controller may order it to be brought. The Controller shall give notice to the master, owner, charterer or agent of the vessel or aircraft of the detention thereof.

For the purposes of the detention and other lawful dealing with the vessel or aircraft, the Director of Marine shall have power to muster the crew and may, if he considers it necessary to do so, place a police guard on board.

The detention shall be for safe custody only and shall cease if a bond with two sufficient sureties to the satisfaction of the Controller be given by the master, owner, charterer or agent of the vessel or aircraft for the payment of any fine, costs and charges incurred under this Act in respect of any offence or default thereunder.

If default is made in the payment of any such fine, costs or charges, the Director of Marine or the Director of Civil Aviation or any person authorised by him in that behalf may seize the vessel or aircraft and such vessel or aircraft shall be declared forfeited to the Government by order of a court of competent jurisdiction upon the application of the

Attorney General. Any vessel or aircraft so forfeited shall be sold.

The proceeds of sale of a vessel or aircraft under this section shall be applied first in payment of any fine, costs or charges incurred under this Act and of any costs incurred in and about the sale and the proceedings leading thereto and the balance shall be paid to the owners of or other persons lawfully entitled to the vessel or aircraft before sale.

For the purpose of this section, vessel is deemed to include any motor vehicle.