Document ID: chunk:federal_register_of_legislation:C2004C01405:clause:1_63aa
Version: federal_register_of_legislation:C2004C01405
Segment Type: clause
Provision Reference: sch 1 cl 63AA
Character Range: 45652–47317

63AA  Additional provisions concerning agent's liability under section 59A or 63

 (1) If the master or owner of a vessel has met the liability to the Commonwealth:
 (a) under subsection 59A(1) in respect of expenses connected with the performance of a service referred to in paragraph 59A(1)(a), (b) or (c); or
 (b) under subsection 63(1) in respect of remuneration to be paid to a medical officer appointed by the Minister;
the liability of the agent of that master or owner is thereby discharged.

 (2) The liability of an agent of a master or owner to make a payment to the Commonwealth on behalf of the master or owner:
 (a) in respect of expenses connected with the performance of a service referred to in paragraph 59A(1)(a), (b) or (c); or
 (b) in respect of remuneration to be paid to a medical officer appointed by the minister under subsection 63(1);
is not affected by the fact that, at the time the payment is required to be made, the agent had not recovered an amount equivalent to those expenses or that remuneration from the master or owner.

 (3) If:
 (a) the agent of a master or owner makes a payment to the Commonwealth on behalf of the master or owner:
 (i) in respect of expenses connected with the performance of a service referred to in paragraph 59A(1)(a), (b) or (c); or
 (ii) in respect of remuneration to be paid to a medical officer appointed by the Minister under subsection 63(1); and
 (b) at the time when the payment is made, the agent had not collected an amount equivalent to those expenses or that remuneration from the master or owner;
the agent may recover such an amount from the master or owner as a debt due to the agent.