Document ID: chunk:federal_register_of_legislation:C2019A00092:clause:1_596a:p1
Version: federal_register_of_legislation:C2019A00092
Segment Type: clause
Provision Reference: sch 1 cl 596A (pt 1/2)
Character Range: 41263–43811

596A  Removal, disposal or sale of property by NOPSEMA—breach of direction

Power to remove, dispose of or sell property
 (1) If a direction under subsection 595A(3) has been breached in relation to property, NOPSEMA may do any or all of the following things:
 (a) remove, in such manner as NOPSEMA thinks fit, any or all of that property from the vacated area concerned;
 (b) dispose of, in such manner as NOPSEMA thinks fit, any or all of that property;
 (c) if, under subsection 595A(5), a person was given a copy of the notice of the direction—sell, by public auction or otherwise, as NOPSEMA thinks fit, any or all of that property that belongs, or that NOPSEMA believes to belong, to that person.

Deduction of costs and expenses etc. from proceeds of sale
 (2) NOPSEMA may deduct, from the proceeds of a sale under subsection (1) of property that belongs (or that NOPSEMA believes to belong) to a particular person, the whole or a part of:
 (a) any costs and expenses incurred by NOPSEMA under that subsection in relation to that property; and
 (b) any costs and expenses incurred by NOPSEMA in relation to the doing of any thing required by a direction under section 594A to be done by that person; and
 (c) any fees or amounts payable by that person to NOPSEMA under this Act, so long as the fee or amount is due and payable.
 (3) NOPSEMA may, on behalf of the Commonwealth, deduct, from the proceeds of a sale under subsection (1) of property that belongs (or that NOPSEMA believes to belong) to a particular person, the whole or a part of:
 (a) any fees or amounts payable by that person to the Commonwealth under this Act, so long as the fee or amount concerned is due and payable; and
 (b) any amounts payable by that person under any of the following provisions of the Regulatory Levies Act:
 (i) section 5;
 (ii) section 7;
 (iii) section 9;
 (iv) section 10A;
 (v) section 10C;
 (vi) section 10E;
 (vii) section 10F;
  so long as the amount concerned is due and payable.
 (4) If NOPSEMA deducts an amount under subsection (3), NOPSEMA must remit that amount to the Commonwealth.

Balance of proceeds of sale to be paid to owner of property
 (5) The proceeds of a sale of property under subsection (1), less any deductions under subsection (2) or (3), are to be paid to the owner of the property.

Recovery of costs and expenses—removal, disposal or sale of property
 (6) If NOPSEMA incurs any costs or expenses under subsection (1) in relation to the removal, disposal or sale of property, the costs or expenses:
 (a) are a debt due