Document ID: chunk:federal_register_of_legislation:C2018C00189:section:11
Version: federal_register_of_legislation:C2018C00189
Segment Type: section
Provision Reference: s 11
Character Range: 11450–12766

11  Recovery of unpaid levy by distress
 (1) Where levy payable in respect of a ship has not been paid, a Collector may, without prejudice to any other remedy for the recovery of the levy, enter upon the ship and distrain goods or equipment belonging to the ship, and detain them until the levy is paid.
 (2) If payment of the levy is not made before the expiration of the period of 3 days after the distress, the Collector may, at any time while the levy remains unpaid, sell by public auction the goods or equipment distrained and, out of the proceeds of the sale, may, to the extent that the amount of those proceeds allows, recover the levy and all reasonable expenses incurred by him under this section.
 (3) For the purposes of a sale under subsection (2), the Commonwealth shall be deemed to be the absolute owner of the goods or equipment the subject of the sale.
 (4) Where, after deducting from the proceeds of the sale the amount of the levy and the expenses of the Collector, a surplus remains, the Collector shall, on demand, pay that surplus to the owner or master of the ship.
 (5) A reference in this section to levy payable in respect of a ship shall be read as including a reference to an amount that, under section 8, is payable on account of levy that may become payable in respect of the ship.