Document ID: chunk:federal_register_of_legislation:C2019C00190:section:17b
Version: federal_register_of_legislation:C2019C00190
Segment Type: section
Provision Reference: s 17B
Character Range: 40453–42035

17B  Expenses of compliance with certain directions under Act may be recovered from owner of ship
 (1) If:
 (a) a person is or was subject to a direction under this Act; and
 (b) the direction relates to:
 (i) a ship involved in a maritime casualty referred to in subsection 8(1) or 9(1); or
 (ii) a ship referred to in subsection 10(2); and
 (c) the person is not the owner, or one of the owners, of the ship; and
 (d) the person incurs a reasonable expense in complying with the direction; and
 (e) the direction requires the supply of a service to the owner of the ship; and
 (f) apart from this section, the owner of the ship is not liable to pay the amount of the expense to the person;
the amount of the expense is a debt due to the person:
 (g) if there is only one owner of the ship—by the owner of the ship; or
 (h) if there are 2 or more owners of the ship—jointly and severally by the owners of the ship.
 (2) A debt due under subsection (1) may be recovered in:
 (a) the Federal Court of Australia; or
 (b) any other court of competent jurisdiction.
 (3) Subsection (1) does not apply to the extent to which it is inconsistent with an international agreement to which Australia is a party.

Varied direction
 (4) A reference in this section to a direction under this Act must, in the case of a direction that has been varied by a further direction issued under section 15, be construed as a reference to the direction as so varied by that further direction.

Application
 (5) Subsection (1) does not apply to a direction issued before the commencement of this section.