17Liability for expenses incurred by the Commonwealth

#### 17 Liability for expenses incurred by the Commonwealth (1) Where: (a) a person has been convicted of an offence against section 10A, 10B, 10E, 10F or 36; and (b) because the Minister has exercised his or her powers under section 16, the Commonwealth has incurred expenses or other liabilities in repairing or remedying any condition, or mitigating any damage, arising from: (i) if the offence is an offence against section 10A, 10B, 10E or 36—the conduct that constituted the offence; or (ii) if the offence is an offence against section 10F—the conduct that constituted the primary offence referred to in that section; a person so convicted is liable to pay to the Commonwealth an amount equal to the total amount of those expenses and liabilities of the Commonwealth and that amount may be recovered, as a debt due to the Commonwealth by the person, by action in a court of competent jurisdiction. (2) Where 2 or more persons have been convicted of offences referred to in subsection (1) in respect of the same occurrence, the Commonwealth is not, by virtue of that subsection, entitled to recover from those persons amounts that, in the aggregate, exceed the total amount of the expenses and liabilities incurred by the Commonwealth, by reason of the exercise by the Minister of his or her powers under section 16, as a result of that occurrence. (3) Subject to subsection (4), where the owner of a vessel, aircraft or platform: (a) has been convicted of: (i) an offence against section 10A or 36 with respect to dumping from the vessel, aircraft or platform; or (ii) an offence against section 10B or 36 with respect to incineration at sea on the vessel or platform; or (iii) an offence against section 10E or 36 with respect to an artificial reef placement from the vessel, aircraft or platform; or (iv) an offence against section 10F with respect to the vessel, aircraft or platform; and (b) is liable by virtue of subsection (1) of this section to pay an amount to the Commonwealth in respect of that offence; that amount is a charge upon the vessel, aircraft or platform, as the case may be, and, in the case of a vessel or aircraft, the vessel or aircraft may be detained by an inspector until the amount is paid or security for the payment of the amount is provided to the satisfaction of the Minister. (4) Subsection (3) does not entitle a person to detain a vessel or aircraft unless the vessel or aircraft: (a) is an Australian vessel or Australian aircraft, as the case may be; or (b) is in Australia or an external Territory or in Australian waters. (5) If a person: (a) takes to sea any vessel that been detained under subsection (3), before it is released from detention, knowing that it is still under detention or being reckless as to whether it is still under detention; or (b) removes from Australia or an external Territory any aircraft that has been detained under subsection (3), before it is released from detention, knowing that it is still under detention or being reckless as to whether it is still under detention; the person commits an offence punishable, on conviction, by imprisonment for up to 2 years or a fine up to 120 penalty units, or both. (6) If an offence (the primary offence) is committed against subsection (5) in respect of taking a vessel to sea or removing an aircraft from Australia or an external Territory, then each person who is a responsible person in relation to the vessel or aircraft commits an offence against this subsection if the person: (a) knew that the vessel or aircraft would be used in committing the primary offence, or was reckless as to whether it would be used in committing the primary offence; and (b) did not take reasonable steps to prevent the use of the vessel or aircraft in committing the primary offence. (7) Subsection (6) applies whether or not any person has been charged with, or convicted of, the primary offence. (8) An offence against subsection (6) is punishable, on conviction, by imprisonment for up to 2 years or a fine up to 120 penalty units, or both. (9) For the purposes of subsection (6), each of the following persons is a responsible person in relation to a vessel or aircraft: (a) the owner of the vessel or aircraft; (b) the person in charge of the vessel or aircraft.