Transport Operations (Marine Safety) Regulation 2016
sec.194Recovery by State of expenses of carrying out direction
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sec.194 Recovery by State of expenses of carrying out direction
This section applies if an issuing entity incurs expense, whether the expense is the issuing entity’s expense or the State’s expense, in exercising a power under section 193 . The amount of the expense may be recovered by the State as a debt from— if the power is exercised because of noncompliance with a buoy mooring direction—the person who did not comply with the direction; or if the power is exercised because of circumstances mentioned in section 193 (2) —a person to whom a buoy mooring direction could have been given but for the circumstances mentioned in section 193 (2) . If, under subsection (2) , more than 1 person is liable for the same expense, the persons who are liable for the expense are jointly and severally liable. (sec.194-ssec.1) This section applies if an issuing entity incurs expense, whether the expense is the issuing entity’s expense or the State’s expense, in exercising a power under section 193 . (sec.194-ssec.2) The amount of the expense may be recovered by the State as a debt from— if the power is exercised because of noncompliance with a buoy mooring direction—the person who did not comply with the direction; or if the power is exercised because of circumstances mentioned in section 193 (2) —a person to whom a buoy mooring direction could have been given but for the circumstances mentioned in section 193 (2) . (sec.194-ssec.3) If, under subsection (2) , more than 1 person is liable for the same expense, the persons who are liable for the expense are jointly and severally liable.
- (a) if the power is exercised because of noncompliance with a buoy mooring direction—the person who did not comply with the direction; or
- (b) if the power is exercised because of circumstances mentioned in section 193 (2) —a person to whom a buoy mooring direction could have been given but for the circumstances mentioned in section 193 (2) .