Document ID: chunk:federal_register_of_legislation:C2004A01264:clause:1_106l
Version: federal_register_of_legislation:C2004A01264
Segment Type: clause
Provision Reference: sch 1 cl 106L
Character Range: 18070–19345

106L  Debt in relation to pursuit costs

 (1) This Subdivision applies to a foreign boat if:
 (a) the foreign boat is forfeited to the Commonwealth under section 106A; and
 (b) the master of the boat fails:
 (i) to stop the boat in accordance with the requirement under paragraph 84(1)(aa); or
 (ii) to bring the boat to a place and to remain in control of the boat at that place in accordance with a requirement under paragraph 84(1)(k) or (l); and
 (c) as a result of that failure, pursuit activities are taken in respect of the boat culminating in its arrival at a place in Australia or an external Territory that is determined by AFMA to be the processing place in relation to that boat.

 (2) Subject to the operation of this Subdivision, the owner of a foreign boat to which this Subdivision applies is liable to pay to the Commonwealth, by way of penalty, all pursuit costs incurred in respect of that boat.

 (3) If a foreign boat has more than one owner, then the owners are jointly and severally liable to pay the pursuit costs incurred in respect of the boat.

 (4) Costs payable by an owner of a foreign boat to the Commonwealth under this Subdivision may be recovered by the Commonwealth as a debt due to the Commonwealth in a court of competent jurisdiction.