17BExpenses of compliance with certain directions under Act may be recovered from owner of ship

17B Expenses of compliance with certain directions under Act may be recovered from owner of ship

(1) If: (a) a person is or was subject to a direction under this Act; and (b) the direction relates to: (i) a ship involved in a maritime casualty referred to in subsection 8(1) or 9(1); or (ii) a ship referred to in subsection 10(2); and (c) the person is not the owner, or one of the owners, of the ship; and (d) the person incurs a reasonable expense in complying with the direction; and (e) the direction requires the supply of a service to the owner of the ship; and (f) apart from this section, the owner of the ship is not liable to pay the amount of the expense to the person; the amount of the expense is a debt due to the person: (g) if there is only one owner of the ship—by the owner of the ship; or (h) if there are 2 or more owners of the ship—jointly and severally by the owners of the ship. (2) A debt due under subsection (1) may be recovered in: (a) the Federal Court of Australia; or (b) any other court of competent jurisdiction. (3) Subsection (1) does not apply to the extent to which it is inconsistent with an international agreement to which Australia is a party. Varied direction (4) A reference in this section to a direction under this Act must, in the case of a direction that has been varied by a further direction issued under section 15, be construed as a reference to the direction as so varied by that further direction. Application (5) Subsection (1) does not apply to a direction issued before the commencement of this section.