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DEFENCE ACT 1903 - SECT 117A Salvage claims by crew of Naval ships

DEFENCE ACT 1903 - SECT 117A

Salvage claims by crew of Naval ships

  (1)   Without, by implication, affecting the right of the Commonwealth to claim salvage in respect of salvage services rendered by a Naval ship, the members of the crew of that ship may, subject to subsection   ( 2), also claim salvage in respect of those services.

  (2)   A claim for salvage on behalf of the members of the crew of a Naval ship:

  (a)   shall not be made without the prior written approval of the Chief of the Defence Force ; and

  (b)   shall be commenced and prosecuted only by the Australian Government Solicitor.

  (3)   Where the Chief of the Defence Force approves the making of a claim for salvage in respect of salvage services rendered by a Naval ship on behalf of the members of the crew of that ship, the commanding officer of that ship is authorised, on behalf of each member of the crew of that ship:

  (a)   to instruct the Australian Government Solicitor to act for the members of the crew in relation to the claim; and

  (b)   to accept an offer in settlement of the claim.

  (4)   An acceptance of an offer by the commanding officer is binding on each member of the crew.