Document ID: chunk:federal_register_of_legislation:C2004A01264:clause:1_106q
Version: federal_register_of_legislation:C2004A01264
Segment Type: clause
Provision Reference: sch 1 cl 106Q
Character Range: 22074–23516

106Q  Debt for pursuit costs payable if no action taken to contest debt

 (1) If the owner of a foreign boat gives a notice of intention to contest a debt for pursuit costs in respect of a foreign boat as described in section 106N, the Managing Director of AFMA must inform the owner that the debt for those costs will become due and payable at the end of the period of 2 months after the giving of the notice of intention unless the owner institutes proceedings against the Commonwealth in the Federal Court, not later than the end of that period, for an order that:
 (a) the debt is not payable because the boat was not forfeited to the Commonwealth; or
 (b) the debt, or a part of the debt, was not reasonably incurred.

 (2) If the owner does not institute the proceedings referred to in subsection (1) before the end of the period of 2 months referred to in that subsection, the debt is due and payable at the expiration of that period.

 (3) For the avoidance of doubt, the reference in subsection (1) to proceedings instituted against the Commonwealth for an order that the debt for pursuit costs payable in respect of a foreign boat is not payable because the boat was not forfeited to the Commonwealth is taken to include a reference to any proceedings instituted in accordance with section 106F for a declaration that the boat is not forfeited, even if those proceedings do not directly relate to the liability for pursuit costs.