Victorian Consolidated Legislation

Marine Act 1988 - SECT 38A

Recovery of costs of analysis

38A. Recovery of costs of analysis



(1) In this section, work conducted in relation to an appropriate authority or
public statutory body, means any analysis, measurement, recording, evaluation,
testing or inspection conducted by the authority or body through any of its
officers, employees or agents.

(2) In any proceedings under this Act in which legal costs are awarded to an
appropriate authority or public statutory body or a person appointed by the
authority or body to take proceedings, the court may include in those costs
the reasonable market cost of any work conducted by the authority or body.

(3) A document which-

   (a)  sets out charges for work similar to any work conducted by an
        appropriate authority or public statutory body; or

   (b)  purports to estimate the reasonable market cost of any work conducted
        by such an authority or body-

and which is signed by, or on behalf of, a person who purports to be a person
who charges for doing any work similar to that conducted by the authority or
body is evidence of the reasonable market cost of work conducted by the
authority or body.