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MARITIME POWERS ACT 2013 (NO. 15, 2013) - SECT 113 Seizure costs

MARITIME POWERS ACT 2013 (NO. 15, 2013) - SECT 113

Seizure costs

             (1)  This section applies if:

                     (a)  notice of Commonwealth ownership of a thing is given; and

                     (b)  an application for an order for the return of the thing is made under section 89; and

                     (c)  proceedings in relation to the application have been finally determined without such an order being made.

             (2)  The person who made the application is liable to pay to the Commonwealth an amount equal to the sum of the costs reasonably incurred by the Commonwealth in relation to the following:

                     (a)  the custody of the thing;

                     (b)  the maintenance of the thing;

                     (c)  transport of the thing;

                     (d)  the costs of disposal of the thing.

             (3)  However, subsection (2) does not apply in relation to any costs:

                     (a)  met by the person who made the application; and

                     (b)  incurred with the agreement of the Commonwealth officer who has control of the thing.

             (4)  For the purposes of meeting such costs, the thing may be released into the custody of the person on such conditions as the Commonwealth officer thinks appropriate.