South Australian Numbered Acts South Australian Numbered Acts142—Payment of costs and expenses for certain vessels and property
(1) If an SAMFS fire
brigade or an SACFS brigade attends at the scene of a fire or other emergency
occurring on a prescribed vessel, the costs and expenses incurred by the fire
brigade or brigade (as the case may be) are recoverable by the relevant entity
as a debt from the owner of the vessel and the owner of any personal property
that is in the vessel at the time of the fire or other emergency.
(2) If the owners of
personal property are liable under subsection (1), the
relevant entity—
(a) must
apportion the costs and expenses between the owner of the personal property
and the owner of the vessel; and
(b) must
cause a written notice indicating the apportionment to be served on the owner
of the personal property and the owner of the vessel.
(3) A notice under
subsection (2)(b) is final and binding on all parties.
(4) The Crown is not,
under any circumstances, liable to pay the costs and expenses referred to in
this section or any part of such costs and expenses.
(5) In any proceedings
under this section, a certificate apparently signed by the Chief Officer of
the relevant entity certifying the cost of the attendance is, in the absence
of proof to the contrary, to be accepted as proof of the costs and expenses
incurred by the fire brigade.
(6) The Chief Officer
of the relevant entity or an authorised officer may, without any warrant or
authority other than this Act, distrain a vessel or the tackle or goods of a
vessel in respect of which any costs and expenses are owed to the
relevant entity pursuant to this section.
(7) If the costs and
expenses owed to the relevant entity pursuant to this section are not paid
with 7 days after the distress, the relevant entity may cause the property
distrained or any part of the property distrained to be sold, and out of the
proceeds of the sale may pay the amount of the costs and expenses and the
costs and expenses of the distress, keeping and sale to the relevant entity.
(8) If the owner of
the vessel or the owner of the personal property evades or attempts to evade
the payment of the costs and expenses owed to the relevant entity, he or she
is guilty of an offence.
Maximum penalty: $5 000.
(9) In this
section—
"authorised officer" means a person authorised by the Chief Officer of SAMFS
or the Chief Officer of SACFS;
"prescribed vessel" means any vessel other than a vessel for which an
emergency services levy under the Emergency Services Funding Act 1998
has been paid;
"relevant entity" means—
(a) in
relation to an SAMFS fire brigade—SAMFS;
(b) in
relation to an SACFS brigade—SACFS.