PROTECTION OF THE SEA (POWERS OF INTERVENTION) ACT 1981 - SECT 17B Expenses of compliance with certain directions under Act may be recovered from owner of ship
PROTECTION OF THE SEA (POWERS OF INTERVENTION) ACT 1981 - SECT 17B
Expenses of compliance with certain directions under Act may be recovered from owner of ship(a) a person is or was subject to a direction under this Act; and
(i) a ship involved in a maritime casualty referred to in subsection 8(1) or 9(1); or
(ii) a ship referred to in subsection 10(2); and
(c) the person is not the owner, or one of the owners, of the ship; and
(d) the person incurs a reasonable expense in complying with the direction; and
(e) the direction requires the supply of a service to the owner of the ship; and
(f) apart from this section, the owner of the ship is not liable to pay the amount of the expense to the person;
the amount of the expense is a debt due to the person:
(g) if there is only one owner of the ship--by the owner of the ship; or
(h) if there are 2 or more owners of the ship--jointly and severally by the owners of the ship.
(2) A debt due under subsection ( 1) may be recovered in:
(a) the Federal Court of Australia ; or
(b) any other court of competent jurisdiction.
(3) Subsection ( 1) does not apply to the extent to which it is inconsistent with an international agreement to which Australia is a party.
(4) A reference in this section to a direction under this Act must, in the case of a direction that has been varied by a further direction issued under section 15, be construed as a reference to the direction as so varied by that further direction.
(5) Subsection ( 1) does not apply to a direction issued
before the commencement of this section.