Document ID: chunk:federal_register_of_legislation:F2024C00997:reg:100
Version: federal_register_of_legislation:F2024C00997
Segment Type: reg
Provision Reference: reg 100
Character Range: 101298–102437

100  Costs of detention
 (1) The Commonwealth is liable to pay to the owner of a vessel a reasonable amount of compensation:
 (a) for the costs of, and incidental to, the detention of the vessel; and
 (b) for any loss or damage incurred by the owner as a result of the detention of the vessel;
if there was no reasonable or probable cause for the detention of the vessel.
 (2) If:
 (a) a vessel is detained under this Part; and
 (b) the Commonwealth incurs costs in connection with the detention of the vessel; and
 (c) the detention was reasonable in the circumstances;
the owner of the vessel is liable to pay to the Commonwealth compensation of a reasonable amount in respect of the detention of the vessel.
 (3) If the Commonwealth and the owner of the vessel do not agree on the amount of compensation payable under subsection (1) or (2), the Commonwealth or the owner may institute proceedings in a court of competent jurisdiction for the recovery of such reasonable amount of compensation as the court determines.

Division 6—Rights and responsibilities of masters etc.

Subdivision A—Responsibilities relating to marine accidents