41Marshal’s costs and expenses

#### 41 Marshal’s costs and expenses (1) An application for an arrest warrant constitutes an undertaking to the court: (a) if the application is made by the applicant personally—by the applicant; or (b) if the application is made by an Australian legal practitioner on behalf of the applicant—by the Australian legal practitioner; or (c) if the application is made by any other agent of the applicant—by the applicant; to pay to the Marshal, on demand, an amount equal to the amount of the costs and expenses of the Marshal in relation to the arrest, including costs and expenses in relation to the ship or other property while it is under arrest. (2) In addition to any undertaking, the Marshal may demand from the applicant payment of an amount of money that the Marshal considers necessary as a deposit to enable the Marshal to discharge his or her duties effectively in relation to the arrest, including duties while the ship or other property is under arrest.