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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

  (1)   If:

  (a)   a person is or was subject to a direction under this Act; and

  (b)   the direction relates to:

  (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.

Varied direction

  (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.

Application

  (5)   Subsection   ( 1) does not apply to a direction issued before the commencement of this section.