396Costs incurred by Minister in taking action under section 395

396 Costs incurred by Minister in taking action under section 395

396 Costs incurred by Minister in taking action under section 395

(1) If:

(a) the Minister takes action under section 395 in relation to a direction under section 387 given to a licence holder or special purpose consent holder, and

(b) 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.

(2) If:

(a) a direction under section 387 specifies that a particular associate of a licence 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,

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.

(3) The associate and the holder are jointly and severally liable to pay the debt arising under subsection (2).

(4) A debt under this section is recoverable in a court of competent jurisdiction.