sec.396Costs incurred by Minister in taking action under section 395

sec.396 Costs incurred by Minister in taking action under section 395

If— the Minister takes action under section 395 in relation to a direction under section 387 given to a tenure holder or special purpose consent holder; and the direction does not extend to an associate of the holder; the costs and expenses incurred by the Minister in taking that action are a debt due to the State by the holder. If— a direction under section 387 specifies that a particular associate of a tenure holder or special purpose consent holder is subject to a particular obligation; and the Minister takes action under section 395 in relation to that obligation; the costs and expenses incurred by the Minister in taking that action are a debt due to the State by the holder and the associate. The associate and the holder are jointly and severally liable to pay the debt arising under subsection (2) . A debt under this section is recoverable in the Wardens Court. (sec.396-ssec.1) If— the Minister takes action under section 395 in relation to a direction under section 387 given to a tenure holder or special purpose consent holder; and the direction does not extend to an associate of the holder; the costs and expenses incurred by the Minister in taking that action are a debt due to the State by the holder. (sec.396-ssec.2) If— a direction under section 387 specifies that a particular associate of a tenure holder or special purpose consent holder is subject to a particular obligation; and the Minister takes action under section 395 in relation to that obligation; the costs and expenses incurred by the Minister in taking that action are a debt due to the State by the holder and the associate. (sec.396-ssec.3) The associate and the holder are jointly and severally liable to pay the debt arising under subsection (2) . (sec.396-ssec.4) A debt under this section is recoverable in the Wardens Court.

• (a) the Minister takes action under section 395 in relation to a direction under section 387 given to a tenure holder or special purpose consent holder; and
• (b) the direction does not extend to an associate of the holder;
• (a) a direction under section 387 specifies that a particular associate of a tenure holder or special purpose consent holder is subject to a particular obligation; and
• (b) the Minister takes action under section 395 in relation to that obligation;