Document ID: chunk:federal_register_of_legislation:C2004A01264:clause:1_106j
Version: federal_register_of_legislation:C2004A01264
Segment Type: clause
Provision Reference: sch 1 cl 106J
Character Range: 16216–17854

106J  Preliminary

  In this Subdivision:

costs reasonably incurred by or on behalf of the Commonwealth, in respect of pursuit activities conducted in respect of a foreign boat, means all costs:
 (a) that the Commonwealth is liable to pay in respect of such activities; and
 (b) that are directly attributable to the conduct of those activities;
and, without limiting the generality of the above, includes:
 (c) costs incurred by any Commonwealth agency or body in respect of such activities; and
 (d) costs incurred by any arm of the Australian Defence Force that provides assistance in respect of such activities; and
 (e) costs incurred by the government of any foreign country that provides assistance or facilities in respect of such activities, being costs so incurred on the basis that those costs will be reimbursed by the Commonwealth.

Federal Court means the Federal Court of Australia.

foreign boat to which this Subdivision applies has the meaning given by subsection 106L(1).

processing place, in respect of a foreign boat to which this Subdivision applies, means the place in Australia or in an external Territory that is determined by AFMA under section 106L to be the processing place in relation to that boat.

pursuit activities, in respect of a foreign boat, means the activities of pursuing and apprehending the boat and bringing the boat, or causing the boat to be brought, with or without an escort, to its processing place.

pursuit costs, in respect of a foreign boat, means the costs reasonably incurred by or on behalf of the Commonwealth in respect of pursuit activities conducted in respect of the boat.