ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 108 Liability for expenses incurred by the Commonwealth

ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 108

108.(1) Subject to this section, if:

   (a)  a person has been convicted of an offence against this Act; and

   (b)  the Commonwealth or the Director has incurred expenses or other
        liabilities in relation to rectifying the act or omission constituting
        the offence; the person convicted is liable to pay to the Commonwealth
        or to the Director, as the case requires, an amount equal to the total
        amount of those expenses or liabilities.

(2) If 2 or more persons would be liable to pay an amount under subsection (1)
in respect of the same expenses or liabilities, those persons are jointly and
severally liable to pay the total amount.

(3) If the total amount of expenses or liabilities incurred by the
Commonwealth or the Director exceeds an amount that was reasonable in the
circumstances, a person is not liable under this section to pay the amount of
the excess.

(4) A reference in this section to rectifying an act or omission is a
reference to the taking of steps (whether in the exercise of powers conferred
by section 107, by any provision of this Act or by another law):

   (a)  to repair or remove any condition arising from that act or omission;
        or

   (b)  to mitigate any damage arising from that act or omission; or

   (c)  to prevent any damage likely to arise from that act or omission.