sec.94Recovery by State of expenses of carrying out direction

### sec.94 Recovery by State of expenses of carrying out direction This section applies if a harbour master incurs expense (whether the expense is the harbour master’s expense or the State’s expense) in exercising a power under section 93 . The amount of the expense may be recovered as a debt by the State by action in a court of competent jurisdiction from the persons liable for the expense. The following persons are liable for the expense— if a direction was given to a person under section 87B , 89 , 90 , 91 or 92 and the person did not comply with the direction—the person; if a direction under section 87B , 89 , 90 , 91 or 92 could have been given to a person but was not given for the reasons mentioned in section 93 (1) (b) —the person; if a direction under section 88 was given to the master of a ship and the master did not comply with the direction—the master and the owner of the ship; Under section 86A (8) a direction given to the person in control of a ship is taken to have been given to the ship’s master. if a direction under section 88 could have been given to the master of a ship but was not given for the reasons mentioned in section 93 (1) (b) —the master and the owner of the ship. If, under subsection (3) , more than 1 person is liable for the same expense, the persons who are liable for the expense are jointly and severally liable. In this section— direction means— a direction given under subdivision 1 that, under the subdivision, a person must comply with; or a direction that could have been given under subdivision 1 and, if it had been given under the subdivision, a person would have been required to comply with. s 94 amd 1995 No. 9 s 92 sch 1 ; 2006 No. 21 s 76 (sec.94-ssec.1) This section applies if a harbour master incurs expense (whether the expense is the harbour master’s expense or the State’s expense) in exercising a power under section 93 . (sec.94-ssec.2) The amount of the expense may be recovered as a debt by the State by action in a court of competent jurisdiction from the persons liable for the expense. (sec.94-ssec.3) The following persons are liable for the expense— if a direction was given to a person under section 87B , 89 , 90 , 91 or 92 and the person did not comply with the direction—the person; if a direction under section 87B , 89 , 90 , 91 or 92 could have been given to a person but was not given for the reasons mentioned in section 93 (1) (b) —the person; if a direction under section 88 was given to the master of a ship and the master did not comply with the direction—the master and the owner of the ship; Under section 86A (8) a direction given to the person in control of a ship is taken to have been given to the ship’s master. if a direction under section 88 could have been given to the master of a ship but was not given for the reasons mentioned in section 93 (1) (b) —the master and the owner of the ship. (sec.94-ssec.4) If, under subsection (3) , more than 1 person is liable for the same expense, the persons who are liable for the expense are jointly and severally liable. (sec.94-ssec.5) In this section— direction means— a direction given under subdivision 1 that, under the subdivision, a person must comply with; or a direction that could have been given under subdivision 1 and, if it had been given under the subdivision, a person would have been required to comply with. - (a) if a direction was given to a person under section 87B , 89 , 90 , 91 or 92 and the person did not comply with the direction—the person; - (b) if a direction under section 87B , 89 , 90 , 91 or 92 could have been given to a person but was not given for the reasons mentioned in section 93 (1) (b) —the person; - (c) if a direction under section 88 was given to the master of a ship and the master did not comply with the direction—the master and the owner of the ship; Note for paragraph (c) — Under section 86A (8) a direction given to the person in control of a ship is taken to have been given to the ship’s master. - (d) if a direction under section 88 could have been given to the master of a ship but was not given for the reasons mentioned in section 93 (1) (b) —the master and the owner of the ship. - (a) a direction given under subdivision 1 that, under the subdivision, a person must comply with; or - (b) a direction that could have been given under subdivision 1 and, if it had been given under the subdivision, a person would have been required to comply with.