Section 252: Protection of officer in relation to seizure and detention of goods and means of transport

1 Notwithstanding any other provision of this Act, a ship of 250 or more tons register or a commercial aircraft, vehicles for goods transport and buses for passenger travels shall not be forfeited under or by virtue of any provision of this Act, unless the offence in respect of or in connection with which the forfeiture is claimed -
a was substantially the object of the voyage or flight in connection with which the offence was committed;
b in the case of a ship, was committed while the ship was under chase by a ship employed in the enforcement of the customs laws after failing to bring to or stop when properly summoned to do so; or
c was used in repeated offences by crew, or other parties in the employ of the vessel or aircraft operator and the operator has failed to exercise reasonable care in the prevention of the use of the means of transport for illegal activities.

2 For the purpose of this section, a ship shall be deemed to have been properly summoned to bring to or stop if the ship making the summons did so by means of an international signal code or other recognised means and while flying her proper ensign.

3 The exemption from forfeiture of any ship or aircraft under this section shall not affect any liability to forfeiture of goods carried in the ship, aircraft, vehicles or other means of conveyance.