Transport Operations (Marine Safety) Regulation 2016
sec.233Entitlement to recover costs for action taken under former s 216 continues
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sec.233 Entitlement to recover costs for action taken under former s 216 continues
This section applies if— before the commencement, an issuing entity carried out a direction or proposed direction under former section 216; and at the commencement, the issuing entity has not recovered the costs of carrying out the direction or proposed direction under former section 217. If proceedings for the recovery of the costs have started at the commencement, the proceedings may continue under former section 217 as if the 2004 regulation had not expired. If proceedings for the recovery of the costs have not started at the commencement, the issuing entity may recover the costs under section 194 as if the direction had been carried out under section 193. (sec.233-ssec.1) This section applies if— before the commencement, an issuing entity carried out a direction or proposed direction under former section 216; and at the commencement, the issuing entity has not recovered the costs of carrying out the direction or proposed direction under former section 217. (sec.233-ssec.2) If proceedings for the recovery of the costs have started at the commencement, the proceedings may continue under former section 217 as if the 2004 regulation had not expired. (sec.233-ssec.3) If proceedings for the recovery of the costs have not started at the commencement, the issuing entity may recover the costs under section 194 as if the direction had been carried out under section 193.
- (a) before the commencement, an issuing entity carried out a direction or proposed direction under former section 216; and
- (b) at the commencement, the issuing entity has not recovered the costs of carrying out the direction or proposed direction under former section 217.