DEFENCE ACT 1903 - SECT 117AA Apportionment of salvage between the Commonwealth and crew members

DEFENCE ACT 1903 - SECT 117AA

  (1)   Where salvage is payable in respect of salvage services rendered by a Naval ship and a part of that salvage has been claimed on behalf of the members of the crew of that ship, the salvage so payable:

  (a)   shall be applied in meeting the expenses incurred by the Commonwealth in providing such salvage services; and

  (b)   to the extent that it is not so applied shall be apportioned between the Commonwealth and the members of the crew of the ship:

  (i)   if the apportionment between the Commonwealth and the members of the crew forms part of the terms of settlement between the owners of the vessel or property saved, the Commonwealth and the members of the crew--in accordance with those terms;

  (ii)   if a court or other tribunal has determined the apportionment between the Commonwealth and the members of the crew--in accordance with that determination; or

  (iii)   in any other case--on the basis that the Commonwealth shall be entitled to receive 80% of the salvage not so applied and the members of the crew shall be entitled to receive 20% of the amount of salvage not so applied.

  (2)   Where an amount of salvage would, but for this subsection, be apportioned between the Commonwealth and the members of the crew of a Naval ship in accordance with subparagraph   ( 1)(b)(iii), but the Minister is of the opinion that the members of the crew have rendered exceptional services in the course of rendering the salvage services concerned, the Minister may, by instrument in writing, determine that the amount payable under that subparagraph to members of the crew shall be increased to an amount not exceeding 25% of the amount of salvage not applied in accordance with paragraph   ( 1)(a) and the amount payable to the Commonwealth shall be decreased accordingly.