130Removal, disposal or sale of property by Regulator—breach of direction

130 Removal, disposal or sale of property by Regulator—breach of direction

Power to remove, dispose of or sell property (1) If a direction under subsection 129(3) has been breached in relation to property, the Regulator may do any or all of the following things: (a) remove, in such manner as the Regulator thinks fit, any or all of that property from the vacated area concerned; (b) dispose of, in such manner as the Regulator thinks fit, any or all of that property; (c) if, under subsection 129(5), a person was given a copy of the notice of the direction—sell, by public auction or otherwise, as the Regulator thinks fit, any or all of that property that belongs, or that the Regulator believes to belong, to that person. Deduction of costs and expenses etc. from proceeds of sale (2) The Regulator may deduct, from the proceeds of a sale under subsection (1) of property that belongs (or that the Regulator believes to belong) to a particular person, the whole or a part of: (a) any costs and expenses incurred by the Regulator under that subsection in relation to that property; and (b) any costs and expenses incurred by the Regulator in relation to the doing of any thing required by a direction under section 126 to be done by that person; and (c) any fees or amounts due and payable by that person to the Regulator under this Act. (3) The Regulator may, on behalf of the Commonwealth, deduct, from the proceeds of a sale under subsection (1) of property that belongs (or that the Regulator believes to belong) to a particular person, the whole or a part of: (a) any fees or amounts due and payable by that person to the Commonwealth under this Act; and (b) any amounts of offshore electricity infrastructure levy, of a kind prescribed by regulations made for the purposes of this paragraph, that are due and payable to the Commonwealth by that person. (4) If the Regulator, under subsection (3), deducts an amount payable to the Commonwealth, the Regulator must remit that amount to the Commonwealth. Balance of proceeds of sale to be paid to owner of property (5) The proceeds of a sale of property under subsection (1), less any deductions under subsection (2) or (3), are to be paid to the owner of the property. Recovery of costs and expenses—removal, disposal or sale of property (6) If the Regulator incurs any costs or expenses under subsection (1) in relation to the removal, disposal or sale of property: (a) the costs or expenses are a debt due by the owner of the property to the Regulator; and (b) to the extent to which the costs or expenses are not deducted under subsection (2)—the debt is recoverable in: (i) the Federal Court; or (ii) the Federal Circuit and Family Court of Australia (Division 2); or (iii) a court of a State or Territory that has jurisdiction in relation to the matter. Recovery of costs and expenses—breach of direction (7) If the Regulator incurs costs or expenses in relation to the doing of anything required by a direction under section 126 to be done by a person who is or was the holder of a licence: (a) the costs or expenses are a debt due by the person to the Regulator; and (b) to the extent to which the costs or expenses are not deducted under subsection (2)—the debt is recoverable in: (i) the Federal Court; or (ii) the Federal Circuit and Family Court of Australia (Division 2); or (iii) a court of a State or Territory that has jurisdiction in relation to the matter.