Commonwealth Consolidated Acts

CONTROL OF NAVAL WATERS ACT 1918 - SECT 8

(1)

The expenses incurred by the Commonwealth by reason of the exercise by a superintendent of a power conferred on him by subsection 6(3) or 6A(3) or section 7, shall, on demand, be paid to the Commonwealth by the owner of the property in relation to which the power was exercised.

(2)

Where the Commonwealth has incurred expenses referred in to subsection (1), the superintendent may detain the property in respect of which the expenses were incurred until payment of those expenses in accordance with that subsection.

(3)

If, after the expiration of 3 months after the making of a demand for the payment of expenses referred to in subsection (1), payment of those expenses has not been made to the Commonwealth, the Commonwealth may cause to be sold by public auction the property in respect of which the expenses were incurred and, out of the proceeds of the sale, may, to the extent that the amount of those proceeds allows, recover those expenses and the expenses of the sale.

(4)

For the purposes of a sale under subsection (3), the Commonwealth shall be deemed to be the absolute owner of the property the subject of the sale.

(5)

Where, after the recovery of expenses from the proceeds of a sale under subsection (3), a surplus remains, the Commonwealth shall, on demand by the owner of the property the subject of the sale, pay that surplus to the owner.

(6)

Where the proceeds of a sale of property under subsection (3) are not sufficient to recover the expenses incurred in respect of the property and the expenses of the sale, any deficiency is recoverable by the Commonwealth from the owner of the property in any court of competent jurisdiction as a debt due to the Commonwealth.