131Costs of detention

131 Costs of detention

(1) The National Regulator is liable to pay to the owner of a domestic commercial vessel a reasonable amount of compensation:

(a) for the costs of, and incidental to, the detention of the vessel; and

(b) for any loss or damage incurred by the owner as a result of the detention of the vessel;

if there was no reasonable or probable cause for the detention of the vessel.

(2) If:

(a) a domestic commercial vessel is detained under this Division; and

(b) the National Regulator incurs costs in connection with the detention of the vessel; and

(c) the detention was reasonable in the circumstances;

the owner of the vessel is liable to pay to the National Regulator compensation of a reasonable amount in respect of the detention of the vessel.

(3) If the National Regulator and the owner of the vessel do not agree on the amount of compensation payable under subsection (1) or (2), the National Regulator or the owner may institute proceedings in a court of competent jurisdiction for the recovery of such reasonable amount of compensation as the court determines.