Document ID: chunk:federal_register_of_legislation:C2004A01264:clause:1_106r
Version: federal_register_of_legislation:C2004A01264
Segment Type: clause
Provision Reference: sch 1 cl 106R
Character Range: 23516–25769

106R  Federal Court may determine contested debt

 (1) Jurisdiction is conferred on the Federal Court to hear and determine any proceedings to contest a debt for pursuit costs.

 (2) The Federal Court may, if it is satisfied that:
 (a) the owner was not informed, and did not otherwise become aware, of the particulars of the pursuit costs provided under section 106N within such time as to afford the owner a reasonable opportunity to give the Managing Director of AFMA, under subsection 106P(1), notice of its intention to contest the debt; and
 (b) in all the circumstances of the case, the owner should be permitted to contest the debt even though the owner did not give that notice;
make an order that:
 (c) the owner may contest the debt; and
 (d) if the Court is satisfied that the owner still does not have full particulars of the pursuit costs—that the Managing Director of AFMA provide those particulars to the owner.

 (3) If the Federal Court makes an order under subsection (2):
 (a) sections 106P and 106Q cease to apply; and
 (b) unless the owner institutes proceedings against the Commonwealth of the kind described in subsection 106Q(1) within the period of 2 months after the making of the order, or the provision of full particulars of pursuit costs in accordance with the order—the debt becomes due and payable at the expiration of that period.

 (4) If the owner of a foreign boat institutes proceedings of the kind referred to in subsection 106Q(1) either:
 (a) under that subsection; or
 (b) under this section;
to contest a debt for pursuit costs in respect of that boat before the end of the period of 2 months referred to in subsection 106Q(1) or in subsection (3) of this section, as the case requires, the Federal Court may:
 (c) if the Court is satisfied that the boat is not forfeited to the Commonwealth—make an order that the pursuit costs are not payable to the Commonwealth; and
 (d) if the Court is satisfied, having regard to the circumstances of the case, that the pursuit costs, or any particular part of the pursuit costs, claimed in respect of the boat are not costs reasonably incurred—make an order that the pursuit costs, or that particular part of the pursuit costs, are not so payable to the Commonwealth.