Commonwealth Numbered Acts

CONTROL OF NAVAL WATERS AMENDMENT ACT 1978 No. 8 of 1978 - SECT 8

8. Section 8 of the Principal Act is repealed and the following section
substituted: Recovery of expenses of removal of vessels, &c.
''8. (1) The expenses incurred by the Commonwealth by reason of the exercise
by a superintendent of a power conferred on him by sub-section 6 (3) or 6A (3)
or section 7, shall, on demand, be paid to the Commonwealth by the owner of
the property in relation to which the power was exercised.
''(2) Where the Commonwealth has incurred expenses referred to in sub-section
(1), the superintendent may detain the property in respect of which the
expenses were incurred until payment of those expenses in accordance with that
sub-section.

''(3) If, after the expiration of 3 months after the making of a demand for
the payment of expenses referred to in sub-section (1), payment of those
expenses has not been made to the Commonwealth, the Commonwealth may cause to
be sold by public auction the property in respect of which the expenses were
incurred and, out of the proceeds of the sale, may, to the extent that the
amount of those proceeds allows, recover those expenses and the expenses of
the sale.

''(4) For the purposes of a sale under sub-section (3), the Commonwealth shall
be deemed to be the absolute owner of the property the subject of the sale.

''(5) Where, after the recovery of expenses from the proceeds of a sale under
sub-section (3), a surplus remains, the Commonwealth shall, on demand by the
owner of the property the subject of the sale, pay that surplus to the owner.

''(6) Where the proceeds of a sale of property under sub-section (3) are not
sufficient to recover the expenses incurred in respect of the property and the
expenses of the sale, any deficiency is recoverable by the Commonwealth from
the owner of the property in any court of competent jurisdiction as a debt due
to the Commonwealth.''.