Victorian Numbered Acts

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 128

    (1)     A person whose interests are substantially affected by an impoundment or immobilisation order or a forfeiture order may apply to the court that made the order for variation of the order if the applicant can demonstrate—

        (a)     that since the impoundment or immobilisation order or forfeiture order was made the applicant's circumstances have changed; and

        (b)     that the impoundment or immobilisation order or forfeiture order is causing, or will cause, exceptional hardship to the applicant or any other person.

    (2)     An application under subsection (1) to vary an impoundment or immobilisation order may be made at any time while the recreational vessel is impounded or immobilised.

    (3)     An application under subsection (1) to vary a forfeiture order may be made at any time while the recreational vessel is vested in the Crown.

    (4)     The court may make an order varying an impoundment or immobilisation order or a forfeiture order in any way, including, but not limited to—

        (a)     setting aside the impoundment or immobilisation order or forfeiture order; or

        (b)         reducing the amount of time that the recreational vessel is subject to impoundment or immobilisation.